Village of Valemount Development Cost Charge Bylaw No. 516/02, 2002 — full text, Valemount, British Columbia

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VILLAGE OF VALEMOUNT Bylaw No. 516/02 A Bylaw to Impose Development Cost Charges WHEREAS the Council of the Village of Valemount may impose development cost charges under Section 933 of the Local Government Act; AND WHEREAS in the consideration of Council, development cost charges may be imposed for the sole purpose of providing funds to assist the Village in paying the capital costs of providing, constructing, altering or expanding road, water and sanitary sewer facilities to service, directly or indirectly, the development for which the charges are imposed; AND WHEREAS no development cost charges shall be required to be paid where the development does not impose new capital cost burdens on the Village; AND WHEREAS in the consideration of Council, the charges imposed under this bylaw: a) are not excessive in relation to the capital cost of prevailing service standards in the Village; b) will not deter development in the Village; and c) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land. AND WHEREAS in the opinion of Council, the charges imposed under this bylaw are: a) related to capital costs attributable to projects included in the Village's financial plan; and b) related to capital projects consistent with the Village's Official Community Plan. NOW THEREFORE the Council of the Village of Valemount, in open meeting assembled, hereby enacts as follows: Citation 1. This bylaw may be cited for all purposes as "Village of Valemount Development Cost Charge Bylaw No. 516/02, 2002". Interpretation 2. In this Bylaw "commercial" means any commercial use permitted under the Village's Zoning Bylaw; "dwelling unit" means a self-contained set of habitable rooms containing not more than one kitchen facility, and not less than one bathroom with a water closet, wash basin and shower or bath; "floor area" means the total floor area of all floors in a building measured to the extreme outer limits of the building, excluding parking areas; "institutional" means any institutional use permitted under the Village's Zoning Bylaw; 1 "multi-family residential" means a dwelling unit in a building which contains three or more dwelling units, each of which is occupied or intended to be occupied as the permanent residence of one family; "single family residential" means detached building consisting of one dwelling unit which is occupied or intended to be occupied as the permanent residence of one family. Charges 3. Development cost charges are hereby imposed on every person who obtains: a) approval of a subdivision, or; b) a building permit authorizing the construction, alteration or extension of a building or structure. who shall pay the Village the development cost charge in the amount set out in Schedule A, which is attached to and forms part of this Bylaw. The development cost charge shall be paid in full prior to approval of a subdivision or issuance of a building permit, as the case may be. 3.1 All charges imposed by this Bylaw may be paid by installments in accordance with British Columbia Regulation 166/84 to the Local Government Act, being the Development Cost Charge (Installments) Regulation. 3.2 Charges collected under this Bylaw may be refunded only under the following circumstances: Exemptions a) the fee is incorrectly assessed or calculated; b) the approved subdivision plans are not registered in the Land Title office and the original plans are returned to the Village; and c) construction authorized under a building permit is not commenced within six months of the issuance of a permit, and the original building permit is returned to the Village. 4. No charge is payable under Section 3 of this Bylaw where: a) the building permit authorizes the construction, alteration or extension of a building or part of a building that is or will be exempt from taxation under Section 339 (1)(g) of the Local Government Act; b) the building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension: i) contain less than 4 self-contained dwelling units, and ii) be put to no use other than the residential use in those dwelling units, or c) the value of the work authorized by the permit does not exceed $50,000 or any other amount prescribed by regulation under the Local Government Act. 2 Severance 5. In the event a portion of this Bylaw is set aside by a court of competent jurisdiction the portion is deemed to be severed from the Bylaw such that the remaining portions of the Bylaw continue in force and effect. Rescind Past Bylaw 6. The Village of Valemount Development Cost Charge Bylaw No. 179, 1980, and all amendments thereto, are hereby rescinded. READ A FIRST TIME the 28th day of May 2002 READ A SECOND TIME the 28th day of May 1 2002 READ A THIRD TIME the 23rd day of March , 2004 APPROVED BY THE INSPECTOR OF MUNICIPALITIES the 25th day of June , 2004 Inspector of Municipalities RECONSIDERED AND ADOPTED the 13th day of July , 2004 3 ~ ----- ( BRITISH OLUMBIA No. ____________ __ Statutory Approval Under the provisions of section 937 of the Local Government Act ----------------------------------------- I hereby approve Bylaw No. ____ 5_1_6 ____ _ of the Village of Valemount a copy of which is attached hereto. Dated this of~ day of ~ 12004 ector of Municipalities I _...; ... ~ :, ~ ... VILLAGE OF VALEMOUNT Bylaw No. 516/02 Schedule A - Development Cost Charge Schedule Attached to and forming part of the Village of Valemount Development Cost Charge Bylaw No. 516/02, zooi c Sc e ul A consists of a table of development cost charges (Table 1) for different services applied to di rent land uses. A sub-table is provided for each service category (road, water and sanitary sewer), followed by a sub-table containing total charges for all service categories (Tables 1a, 1b, 1c and 1d). The charges to be levied and paid are the amounts specified in Columns A and B of Tables 1a through 1d. 1 Land Use Single Family Residential Multi-Family Residential Mobile Home Park Commercial Institutional Schedule A - Table la Development Cost Charges - Roads Column A: Subdivision Charge per building parcel being created is: a) $571 per parcel for one dwelling unit b) $1,142 per parcel for two dwelling units c) $1,713 per parcel for three dwelling units such charge to be paid to the Village in full prior to the approval of the subdivision Not Applicable Not Applicable Not Applicable Not Applicable Column B: Building Permit Not Applicable $369 per dwelling unit, such charge to be paid to the Village in full prior to the issuance of a building permit $571 per pad, such charge to be paid to the Village in full prior to the issuance of a building permit $7.83 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit $10.07 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit 2 Land Use Single Family Residential Multi-Family Residential Mobile Home Park Commercial Institutional Schedule A - Table lb Development Cost Charges - Water Column A: Subdivision Charge per building parcel being created is: a) $607 per parcel for one dwelling unit b) $1,214 per parcel for two dwelling units c) $1,821 per parcel for three dwelling units such charge to be paid to the Village in full prior to the approval of the subdivision Not Applicable Not Applicable Not Applicable Not Applicable Column B: Building Permit Not Applicable $450 per dwelling unit, such charge to be paid to the Village in full prior to the issuance of a building permit $607 per pad, such charge to be paid to the Village in full prior to the issuance of a building permit $2.02 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit $2.47 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit 3 Land Use Single Family Residential Multi-Family Residential Mobile Home Park Commercial Institutiona I Schedule A - Table lc Development Cost Charges - Sanitary Sewer Column A: Subdivision Column B: Building Permit Charge per building parcel being created is: Not Applicable a) $1,541 per parcel for one dwelling unit b) $3,082 per parcel for two dwelling units c) $4,623 per parcel for three dwelling units such charge to be paid to the Village in full prior to the approval of the subdivision Not Applicable $1,142 per dwelling unit, such charge to be paid to the Village in full prior to the issuance of a building permit Not Applicable $1,541 per pad, such charge to be paid to the Village in full prior to the issuance of a building permit Not Applicable $7.42 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit Not Applicable $6.28 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit 4 Schedule A - Table ld Development Cost Charges - All Service Categories Land Use Column A: Subdivision Column B: Building Permit Single Family Residential Charge per building parcel being created is: Not Applicable a) $2,719 per parcel for one dwelling unit b) $5,438 per parcel for two dwelling units c) $8,157 per parcel for three dwelling units such charge to be paid to the Village in full prior to the approval of the subdivision Multi-Family Residential Not Applicable $1,961 per dwelling unit, such charge to be paid to the Village in full prior to the issuance of a building permit Mobile Home Park Not Applicable $2,719 per pad, such charge to be paid to the Village in full prior to the issuance of a building permit Commercial Not Applicable $17.27 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit I nstitutiona I Not Applicable $18.82 per square metre of floor area, such charge to be paid to the Village in full prior to the issuance of a building permit 5