Fees and Charges Bylaw No. 1271 (Consolidated)

Tofino, British Columbia

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CORPORATION OF THE DISTRICT OF TOFINO District of Tofino Fees and Charges Bylaw No. 1271, 2019 Effective Date - October 8, 2019 Consolidated for Convenience Only This is a consolidated version of the parent bylaw that incorporates changes made pursuant to the following amendment bylaws: Amendment Bylaw Effective Date Bylaw No. 1271.01, 2020 May 26, 2020 Bylaw No. 1271.02, 2020 June 15, 2020 Bylaw No. 1271.03, 2020 October 27, 2020 Bylaw No. 1271.04, 2021 March 9, 2021 Bylaw No. 1271.05, 2021 July 15, 2021 Bylaw No. 1271.06, 2021 August 24, 2021 Bylaw No. 1271.07, 2022 July 12, 2022 This consolidation is for convenience and reference purposes only. Persons making use of this consolidated version of Bylaw No. 1271 are advised that it is not a legal document. For the purposes of interpreting and applying the law, the original Bylaw No. 1271 and all amending bylaws must be consulted. Bylaw numbers appearing in the margin of this consolidated version refer to the applicable amendment bylaw. District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 2 DISTRICT OF TOFINO BYLAW NO. 1271, 2019 A bylaw to establish fees and charges for services provided by the District of Tofino. WHEREAS pursuant to the Community Charter, a council may impose fees in respect of all or part of a service, the use of municipal property, the exercise of the municipality's authority to regulate, prohibit or impose requirements, and in relation to fire and security alarm systems; AND WHEREAS the Council of the District of Tofino wishes to establish administrative fees and charges related to the provision of services and information to the public; NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows: 1. Name The name of this Bylaw for citation purposes is "District of Tofino Fees and Charges Bylaw No. 1271, 2019." 2. Definitions In this Bylaw: Council means the District of Tofino Council; District means the Corporation of the District of Tofino; Due Date means the date shown on the invoice which shall be no less than thirty days (30) from the invoice date to fall on a date that the District Administration Office is regularly open. 3. Administration (1) Fees charges by the District of Tofino for applications received, services rendered, and goods supplied shall be in accordance with the requirements of Schedule A - Appendices 1-8 as attached to and forming part of this bylaw. (2) A twenty percent (20%) administration fee shall be applied to charges identified as "actual costs". (3) All fees, rents or charges as set forth by this bylaw shall be due and payable on or before the due date. Where payment is not received on or before the due date, there shall be a payable penalty of ten percent (10%) applied to the amount shown on the invoice as current billing. (4) Unless otherwise noted, all applicable taxes will be applied at time of sale/invoicing. (5) The fees, rents and charges levied or imposed under the provisions of this bylaw as shown on Appendix 3 of this bylaw, in addition to any other remedies, may be levied, collected and recovered from the owner charged or used in the same manner and subject to the same incidents as taxes upon land and improvements. 4. Severability If any provision of this Bylaw is held to be invalid by any court of competent jurisdiction, that provision shall be severed and its severance shall not affect the validity of the remainder of the Bylaw. 5. Repeal Bylaw 1271.05 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 3 "District of Tofino Administrative Fees, Terms and Conditions Bylaw No. 1153, 2011" is hereby repealed. READ A FIRST TIME on September 10, 2019 READ A SECOND TIME on September 10, 2019 READ A THIRD TIME on September 10, 2019 ADOPTED on October 8, 2019 Josie Osborne, Mayor Robert MacPherson, Corporate Officer District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 4 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 TABLE OF APPENDICES Appendix 1 Administrative Fees Appendix 2 Protective Services Fees Appendix 3 Public Works Fees Appendix 4 Recreation Fees Appendix 5 Public Spaces, Cultural & Visitor Initiatives Fees Appendix 6 Community Children's Centre Fees Appendix 7 Development Application Fees Appendix 8 Schedule A.1 Bylaw 1271.04, 1271.06 Bylaw 1271.05 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 5 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 1 - Administrative Fees Table 1. Copies, Data and Information Searches Item/Service Fee Detail 1 Photocopying and Printing - up to 11" x 17"* - black and white (no charge up to 5 pages) - colour 0.50 Per Page 1.00 Per Page 2 Photocopying and Printing - Documents larger than 11" x 17"* - black and white - colour 10.00 Per Page 25.00 Per Page 3 Scanned electronic copies (no charge up to 5 pages) 0.25 Per Page 4 Independently Printed documents Actual Cost Plus 20% 5 Compact Disks* Actual Cost Plus 20% 6 USB* Actual Cost Plus 20% 7 LIDAR data (.shp) $15.00 Per Acre Consultant or Staff Wages and Benefits Per Hour (Min. 1 hour) 8 Orthophoto data (.shp) $15.00 Per Acre Consultant or Staff Wages and Benefits Per Hour (Min. 1 hour) 9 Due Diligence and Comfort Letters $75.00 For First Hour of Staff Time or Portion Thereof $10.00 Per Subsequent 15 Minutes or Portion Thereof 10 Routinely Releasable Information Searches and Production of Information that involves staff time in excess of 15 minutes $10.00 Per subsequent 15 Minutes of Staff Time or Portion Thereof 11 Freedom of Information and Protection of Privacy Act Requests In accordance with provincial regulation, as amended from time to time Table 2. Financial Services Item/Service Fee Detail 1 NSF Returned Cheque Fee $35.00 Per Cheque 2 Property Tax and Utility Certificates (Current or Previous Year) - Non-Owner Request - Owner Request $40.00 No Charge Per Folio 3 Property Tax and Utility Certificates (Historical) Non-Owner or Owner Request $40.00 Per Folio No Charge for first 15 Minutes of Staff time $10.00 Per subsequent 15 minutes of District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 6 Staff Time or Portion Thereof 4 Legal fees and disbursements for the preparation, review or registration of documents required in respect of subdivision or development approvals, including without limitation covenants, statutory rights of way, subdivision servicing agreements and development works agreements Actual Cost Plus 20% 5 Financial Notice and Invoice Re-Prints $5.00 Per Notice 6 Postage - per shipping method chosen by applicant Actual Cost Plus 20% 7 A fee to administer the payment of property taxes by credit card. 2.5% Fee percentage is applied to total property tax amount paid by credit card 8 Removal of Section 57 Notice on Title $500 Per Notice on Title Table 3. Miscellaneous Item/Service Fee Detail 1 District Pins* $5.00 Per Pin *Plus GST Bylaw 1271.01 Bylaw 1271.03 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 7 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 2 - Protective Services Fees Table 1. Fire Item/Service Fee Detail 1 Fire Department Truck Stand By - including operator $300.00 Per Hour (Min. 1 Hour) 2 False Alarm Attendance 1st 2nd in 12 month period 3rd + in 12 month period No Charge $150.00 $200.00 Per 12 Month Period 3 Fire Safety Inspection Routine Annual Inspection Re-inspection or non-routine inspection No Charge $100.00 Per 12 Month Period 4 Fire Safety Plan Review $50.00 Per Plan 5 Copies of Incident Reports $25.00 Per Report Table 2. Bylaw Item/Service Fee Detail 1 Motor Vehicle or Trailer Storage Fees - first 6 days $35.00 Per Day 2 Motor Vehicle or Trailer Storage Fees - after 6 days $20.00 Per Day 3 After - Hours Release of Impounded Vehicle $75.00 Per Vehicle Plus Bylaw Enforcement Staff Time 4 Impounded Equipment and Property Storage Fee $25.00 Per Occurrence 5 Towing Fee Actual Cost Plus 20% 6 Bylaw Enforcement Staff Time Wages and Benefits Per Hour (Min. 1 hour) District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 8 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 3 - Public Works Fees Table 1. Public Works Item/Service Fee Detail 1 Labour Time Wages and Benefits Per Hour (Min. 1 hour) 2 Machine Time - Backhoe - Gravel/Dump Truck - Pick-Up Truck - Lawn Tractor $75.00 $75.00 $50.00 $50.00 Per Hour (Min. 1 hour) Plus Applicable Labour Time For Operator 3 Water and Sewer Materials Actual Cost Plus 20% Table 2. Water Modelling Item/Service Fee Detail 1 Water Modelling Actual Cost plus 10% administration fee Any expense incurred by the District in water modelling will be charged back to the applicant. Bylaw 1271.07 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 9 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 4 - Recreation Fees 1. Criteria for the Establishment of Recreation Fees (1) The fees and charges for each recreation service may be based on one or more of the following: (a) staff costs; (b) materials, supplies, and equipment costs; (c) direct maintenance and repair costs; (d) cost recovery ratios established for the facilities; (e) comparable charge rates for similar services offered by commercial outlets and other municipal organizations; (f) status of the user or group of users as to their residence requirements; and/or (g) financial ability of the user or group of users to pay for leisure services. (2) Within the constraints of the established fees and charges, the District of Tofino may adjust those fees and charges relating to general recreation programs in order to reflect the increases or reductions in the cost of such services as they occur. 2. Recreation Program Fees (1) Fees and charges for all recreation programs are established on the basis that the fees from a minimum number of program participants will offset the direct costs of the program. Direct costs include: instructor, program supplies, program equipment, bus rental, refreshments, etc. (2) Registration fees for programs led by a contracted instructor are split 80% instructor to 20% District of Tofino where the use of the community hall is required. (2.1) Registration fees for programs led by a contracted instructor are split 90% instructor to 10% District of Tofino where the use of the community hall is not required. (3) Subsidized program services may be provided for aquatics programs, youth or seniors programs. Table 1. Recreation Programming Item/Service Fee Detail 1 Recreation Programming Fees Varies Established Annually 2 Cancellation Fee 5% Per Program Table 2. Recreation Van Item/Service Fee Detail 1 Van Rental Booking Fee $10.00 Per Booking 2 Van Use $0.75 Per KM (plus gas) 3 Late Return Charge (based on agreed upon return date) $10.00 Per day 4 Cleaning Fee $100.00 Per Rental 5 Loss of Key Charge $350.00 Per Key 6 Fuel Charge Actual Cost Plus 20% Table 3. Community Hall Fees Item/Service Fee 1 Main Hall Full Day Rental $450.00* 2 Main Hall (Hourly rate) $50.00* 3 Main Hall (Non Profit Hourly rate) $35.00* 4 Children's birthday parties (3hrs) $50.00* 5 Main Hall Kitchen Use ONLY (Hourly rate) $30.00* 6 Multi-Purpose Room Full Day Rental (over 8hrs) $350.00* 7 Multi-Purpose Room Half Day Rental (up to 8hrs) $250.00* 8 Multi-Purpose Room (Hourly rate) $35.00* Bylaw 1271.02 Bylaw 1271.02 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 10 9 Multi-Purpose Room (Non Profit Hourly rate) $20.00* 10 Weddings (includes Kitchen Rental) $1,050.00* 11 Damage/cleaning deposits for events under 4hrs $250.00 12 Damage/cleaning deposits for events over 4hrs $500.00 13 Events including alcohol shall have an additional damage/ cleaning deposit $100.00 14 Events concluding past 10pm must pay the full day rental fee and are required to give a $500.00 damage/cleaning deposit. 15 Cancellations must be received 72 hours prior to rental time or renter will be subject to loss of damage deposit. Damage deposits must be received at least 5 business days prior to the event to secure facility bookings. *Plus GST Table 4. Equipment Rentals Item/Service Fee 1 Tables (per table) $7.00* 2 Plastic Folding Chairs (per chair/maximum 30 chairs) $2.00* District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 11 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 5 - Public Spaces, Cultural & Visitor Initiatives Fees Table 1. Special Event Permit Fees Item/Service Fee Detail 1 Organizations outside of the District of Tofino $100.00 N/A 2 Events with fewer than 25 participants $75.00 Plus Damage/cleaning deposit $100.00 3 Events with 25 - 75 participants $100.00 Plus Damage/cleaning deposit $150.00 4 Events with 75 - 150 participants $125.00 Plus Damage/cleaning deposit $500.00 5 Events with more than 150 participants $300.00 Plus Damage/cleaning deposit $1000.00 6 Staff time in addition to permit processing Wages and Benefits Per Hour (Min. 1 hr) Table 2. Filming Fees The daily location fee is applied to each day or portion thereof, of production, and will not be pro-rated. The exact fee charged depends on a number of factors including production size, and length of stay. Production Crew Size Application Fee Daily Location Fees Damage Deposit 1 1 - 6 $150.00 $500.00 $500.00 2 7 - 15 $375.00 $1000.00 $1000.00 3 16 - 30 $750.00 $1500.00 $1500.00 4 31 - 99 $2500.00 $2000.00 $2000.00 5 100+ $3000.00 $2500.00 $2500.00 Table 3. Schedule of Discounts for Educational Films Government Non-Profit Organization/Student Commercial 35% 50% 15% District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 12 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 6 - Community Children's Centre Fees Table 1. Childcare Fees All fees are fixed and will not be prorated based on the number of hours a child attends the Community Children's Centre. Half Day and Full Day fees will increase annually on the same date and at the same rate as the negotiated annual union wage increase as per the Collective Agreement between the District of Tofino and CUPE Local 118. Service Detail Fee 1 Registration Per child $25.00 2 Half Day (4 hours or less) Toddler 30-36 months Child >36 months $44.34 $36.96 3 Full Day (>4 hours up to 8.5 hours) Toddler 30-36 months Child >36 months $72.21 $60.18 4 After School Care (2:30pm - 5pm) School Age Child $22.50 5 After School Pick up Fee $ 1.00 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 13 Schedule 'A' District of Tofino Fees and Charges Bylaw No. 1271, 2019 Appendix 7-Development Application Fees Table 1. Subdivision 2021 2022 2023 Item/Service Detail Subdivision Application Fee $1750 $1,785 $1,821 Base price; includes bare land strata subdivisions Fee for each lot being subdivided from parent property $300 $306 $312 Includes bare land strata subdivisions and air space parcels Boundary Adjustment $750 $765 $780 - Revised Preliminary Layout Review $750 $765 $780 When applied for within one year of original application Preliminary Layout Review Extension $750 $765 $780 - Approval of a Phased Strata Plan; or Amendment of Strata Plan $750 $765 $780 Price per phase; due upon Form P submission Strata-Title Conversion $750 $765 $780 - Air Space Parcel $750 $765 $780 - Table 2. Official Community Plan Amendment (Public Notice Fees apply) 2021 2022 2023 Item/Service Detail OCP Amendment $4000 $4,080 $4,162 - Table 3. Public Notice 2021 2022 2023 Item/Service Detail Public Notice Fees $500 $510 $520 - Refundable if Public Hearing notice is not distributed Table 4. Development Permits 2021 2022 2023 Item/Service Detail Downtown DPA's $2000 $2,040 $2,081 - Foreshore DPA $1000 $1,020 $1,040 - Fee reduced by 50% for applications concerning residentially zoned property. Mud Flats DPA $1000 $1,020 $1,040 - Fee reduced by 50% for applications concerning residentially zoned property. Riparian DPA $1000 $1,020 $1,040 - Fee reduced by 50% for applications concerning residentially zoned property. Tourism Focus DPA $2000 $2,040 $2,081 - Wildlife Habitat DPA $250 $255 $260 - Cox Bay DPA $2000 $2,040 $2,081 - Fee reduced by 50% for applications concerning residentially zoned property. Steep Slopes DPA $250 $255 $260 - Table 5. Zoning Amendments (Public Notice Fees apply) 2021 2022 2023 Item/Service Detail Zoning Amendment, Lot up to and including 2 hectares $2000 plus $5.00/m2 for new industrial or $2,040 plus $5.00/m2 for new industrial or $2,081 plus $5.00/m2 for new industrial or - To a maximum of $5,000.00; - Fee reduced by 50% for projects developed under a housing agreement that include at least 2 units of Bylaw 1271.04 Bylaw 1271.07 Bylaw 1271.07 Bylaw 1271.07 Bylaw 1271.07 Bylaw 1271.07 Bylaw 1271.07 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 14 commercial floor area. commercial floor area. commercial floor area. affordable housing. Reduction in fees provided via a refund following adoption of zoning amendment. Zoning Amendment, Lot over 2 hectares $3000 plus $5.00/m2 for new industrial or commercial floor area. $3,060 plus $5.00/m2 for new industrial or commercial floor area. $3,121 plus $5.00/m2 for new industrial or commercial floor area. - To a maximum of $10,000.00; - Fee reduced by 50% for projects developed under a housing agreement that include at least 2 units of affordable housing. Reduction in fees provided via a refund following adoption of zoning amendment. Zoning Amendment, Lot over 4 hectares $4000 plus $5.00/m2 for new industrial or commercial floor area. $4,080 plus $5.00/m2 for new industrial or commercial floor area. $4,162 plus $5.00/m2 for new industrial or commercial floor area. - To a maximum of $15,000.00; - Fee reduced by 50% for projects developed under a housing agreement that include at least 2 units of affordable housing. Reduction in fees provided via a refund following adoption of zoning amendment. Zoning Amendment, Lot over 8 hectares $5000 plus $5.00/m2 for new industrial or commercial floor area. $5,100 plus $5.00/m2 for new industrial or commercial floor area. $5,202 plus $5.00/m2 for new industrial or commercial floor area. - To a maximum of $20,000.00; - Fee reduced by 50% for projects developed under a housing agreement that include at least 2 units of affordable housing. Reduction in fees provided via a refund following adoption of zoning amendment. Table 6. Development Variance Permits (Public Notice Fees apply) 2021 2022 2023 Item/Service Detail Development Variance Permit Application $500 $510 $520 - Table 7. Temporary Use Permits (Public Notice Fees apply) 2021 2022 2023 Item/Service Detail Temporary Use Permit $1500 $1,530 $1,561 - Temporary Use Permit Renewal $750 $765 $780 - Table 8. Board of Variance (Public Notice Fees apply) 2021 2022 2023 Item/Service Detail Board of Variance Application $250 $255 $260 - Table 9. Coastal Flood Plain 2021 2022 2023 Item/Service Detail Coastal Flood Plain Exemption $300 $306 $312 - Bylaw 1271.06 Bylaw 1271.07 Bylaw 1271.07 Bylaw 1271.07 District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 15 Required third party or legal review by District of Tofino consultants Actual cost Actual cost Actual Cost Any expense incurred by the District in the review of a Coastal Flood Plain Exemption will be charged back to the applicant. District of Tofino Fees and Charges Bylaw No. 1271, 2019 - CONSOLIDATED 16 Schedule "8" ATTACHED TO AND FORMING PART OF District of Tofino Fees and Charges Bylaw No. 1271.2019 Beach Pay Parking Permit Rates Appendix 8.1 - Misc. Pay Parking Permits System Component Charge Element Rate (CAD) Monthly Frank Island Overnight Parking Permit Frank Island resident only $50 per month (11:00 pm - 8:00 am) Lynn/Chesterman Road Overnight Guest Parking Permit Resident purchase only $20 per night (11:00 pm - 8:00 am) All paid parking passes and fees are non-refundable. Passes are registered to one licence plate and may be transferred once for an administration fee of $25.00 CAD. In determining eligibility for the Parking Permits above, the following definitions apply: Tofino Resident - means a person who resides within the boundaries of the District of Tofino who has resided within the boundaries of the District of Tofino for at least 30 days. Tofino Residential Property Owner - means a person who owns a residential property within the District of Tofino that does not meet the requirements of Tofino Resident. Ahousaht, Opitsaht, Esowista, Hesquiaht, Tyhistanis Resident - means a person who resides in any one of these communities. ACRD Resident - means a person who resides within the boundaries of the Alberni Clayoquot Regional District and who has resided within the boundaries of the Alberni Clayoquot Regional District for at least 30 days. Appendix 8 - Beach Pay Parking Permits Category Rate (CAD) Tofino Resident $0 per year Ahousaht, Opitsaht, Esowista, Hesquiaht or Tyhistanis Resident $0 per year All Other ACRD Residents $60 per year Commercial Vehicle $120 per year Bylaw 1271.05