Development Cost Charge Bylaw No. 3801, 1993 (consolidated to Amendment 5209, 2024)
West Vancouver, British Columbia
· No. 3801
· adopted 1993-04-19
· summary & facts
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District of West Vancouver
Development Cost Charge
Bylaw No. 3801, 1993
Effective Date: April 19, 1993
Consolidated for Convenience Only
This is a consolidation of the bylaws listed below. The amendment bylaws have
been combined with the original bylaw for convenience only. This consolidation is
not a legal document. Certified copies of the original bylaws should be consulted
for all interpretations and applications of the bylaw on this subject.
Amendment Bylaw
Effective Date
Bylaw No. 5209, 2024
November 25, 2024
The bylaw numbers in the margin of this consolidation refer to the bylaws that
amended the parent bylaw (Development Cost Charge Bylaw No. 3801, 1993).
The number of any amending bylaw that has been repealed is not referred to in
this consolidation.
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District of West Vancouver
Development Cost Charge
Bylaw No. 3801, 1993
Table of Contents
Schedule A - Development Cost Charges - effective to 1994 February 28 ...... 5
Schedule A1 - Development Cost Charges - effective 1994 March 1 .............. 6
Schedule B - DCC Areas Map .......................................................................... 7
Schedule C - DCC Area 4 Maps ....................................................................... 8
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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District of West Vancouver
Development Cost Charge Bylaw No. 3801, 1993
A bylaw to impose development cost charges.
Previous amendments: Amendment Bylaw 5209.
WHEREAS, pursuant to Sections 983 and 984 of the Municipal Act the Council
may, by bylaw, impose development cost charges;
AND WHEREAS the Council has, in fixing development cost charges in this
Bylaw, considered future land use patterns and development, the phasing of
works and services and the provision of park land described in the Official
Community Plan and whether the charges:
(a)
are excessive in relation to the capital cost of prevailing standards of
service,
(b)
will deter development, and
(c)
will discourage the construction of reasonably priced housing or the
provision of reasonably priced serviced land in the Municipality.
NOW THEREFORE the Council of The Corporation of the District of West
Vancouver, in open meeting assembled, enacts as follows:
1.
In this Bylaw unless the context otherwise requires:
"Council" - means the Council of the Municipality.
"Municipality" - means The Corporation of the District of West Vancouver.
"Highway Facility, Community" - means a highway intended for use for
pedestrian and vehicular purposes by all the inhabitants of the
Municipality.
"Highway Facility, Neighbourhood" - means a highway intended for use
for pedestrian and vehicular purposes primarily by the inhabitants of an
area containing an ascertainable number of parcels or dwelling units.
"Parcel" - means any lot, block or other area in which land is held or into
which it is subdivided, but does not include a highway.
"Park, Ambleside Waterfront" (formerly "Park, Community") - means park
land on the Ambleside Waterfront, between 14th and 18th Streets
intended for use for play and recreation by all the inhabitants of the
Municipality.
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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"Park, Local" - means park land intended for use for play and recreation
primarily by the inhabitants of a group of dwellings and includes a
pedestrian way.
"Park, Major" (formerly "Park, Neighbourhood") - means park land
intended for use for play and recreation but which is not considered "Park,
Local" nor "Park, Ambleside Waterfront".
"Unit" - where construction is for:
(a)
residential purposes means a dwelling unit as defined by "zoning
Bylaw No. 2200, 1968", as amended;
(b)
commercial purposes means a gross floor area of 186 square
metres or less.
2.
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
shall pay to the Municipality at the time of the approval of the subdivision
or the issue of the building permit, as the case may be, the applicable
development cost charges as set out in Schedules "A" and "A1" in
accordance with the areas specified in Schedule "B" as attached hereto
and forming an integral part of the Bylaw.
3.
No charge is payable where:
(a)
the building permit authorizes the construction, alteration or
extension of a building or part of a building that is, or will be, after
the construction, alteration or extension, exempt from taxation
under section 398(1)(h) of the Municipal 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 four self-contained dwelling units, and
(ii) be put to no other use other than the residential use in those
dwelling units, or
(c)
the value of the work authorized by permit does not exceed
$50,000 (or any other amount the Minister may, by regulation,
prescribe).
4.
A development cost charge is not payable where:
(a)
the development does not impose new capital cost burdens on the
Municipality, or
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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(b)
a development cost charge has previously been paid for the same
development unless, as a result of further development, new capital
cost burdens will be imposed on the Municipality.
5.
Where the Municipality has imposed a charge or made a requirement
under Division (7) of the Municipal Act for park land or for specific works
and services outside the boundaries of land being subdivided or
developed, that are included in the calculations used to determine the
amount of a development cost charge, the amount of the charge imposed
or the value of the requirement made under Division (7) shall be deducted
from those classes of development cost charges which are applicable to
the types of works and services or the park land for which the charge was
imposed or the requirement was made.
6.
Where an owner has, with the approval of the Municipality, provided or
paid the cost of providing park land or specific works and services outside
the boundaries of land being subdivided or developed, that are included in
the calculations used to determine the amount of a development cost
charge, the value of the park land or cost of the works and services, as the
case may be, shall be deducted from those classes of development cost
charges which are applicable to the park land or works and services as
the case may be.
7.
Where land is developed under a registered land use contract, no
development cost charges shall be payable under this Bylaw.
8.
"Development Cost Charge Bylaw No. 3151" shall apply to applications for
subdivision or building permits that have been received and all applicable
fees paid for on or before the date of adoption of this bylaw. This bylaw
shall apply to all applications received or paid for after adoption of this
bylaw.
9.
This Bylaw may be cited for all purposes as "Development Cost Charge
Bylaw No. 3801, 1993".
Schedules
Schedule A - Development Cost Charges - effective to 1994 February 28
Schedule A1 - Development Cost Charges - effective 1994 March 1
Schedule B - DCC Areas Map
Schedule C - DCC Area 4 Maps
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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FIRST READING by the Council on 1993 March 08.
AMENDED AND PASSED by the Council on 1993 March 08.
RECEIVED THE APPROVAL of the Inspector of Municipalities on 1993 April 05.
RECONSIDERED AND ADOPTED on 1993 April 19.
[Original signed by Mayor]
Mayor
[Original signed by Municipal Clerk]
Municipal Clerk
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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1993 February 26
SCHEDULE A
DEVELOPMENT COST CHARGES - $ PER UNIT
effective to 1994 February 28
Highway Facilities
Public Open Spaces
Area (a)
Total
Water
Drainage
Neighbourhood
Community
Underground
Wiring
Ambleside
Waterfront
Major
Local
1. Caulfeild Plateau
Development Under Land Use Contract.
2. West of Nelson Creek,
and N. of Upper Levels;
N. of Horseshoe Bay
11,768
3,688
1,037
*
216
196
1,075
3,159
2,397
3. East of Nelson Creek,
West of Cypress Creek
and N. of Upper Levels
14,931
3,688
1,037
3,163
216
196
1,075
3,159
2,397
4. East of Cypress Creek,
West of Existing
Development and N. of
Upper Levels
15,049
4,760
1,037
2,210
216
196
1,075
3,159
2,397
5. Infill - apartment, single
family, and non-
residential (b)
8,589
509
1,037
*
216
196
1,075
3,159
2,397
(a)
Areas are designated on Schedule "B"; the official detailed map is lodged with the Municipal Clerk as part of this Bylaw.
(b)
Charges for non-residential units are calculated on the gross floor area, with each 186 square metres (approximately 2,000 square feet) or
portion thereof equal to one unit.
* No charges.
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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Amendment
Bylaw 5209
Amendment
Bylaw 5209
Amendment
Bylaw 5209
1993 February 26
SCHEDULE A1
DEVELOPMENT COST CHARGES - $ PER UNIT
effective 1994 March 1
Highway Facilities
Public Open Spaces
Area (a)
Total
Water
Drainage
Neighbourhood
Community
Underground
Wiring
Ambleside
Waterfront
Major
Local
1. Caulfeild Plateau
Development Under Land Use Contract.
2. West of Nelson Creek,
and N. of Upper Levels;
N. of Horseshoe Bay
12,376
3,688
1,037
*
216
196
1,075
3,475
2,689
3. East of Nelson Creek,
W. of Cypress Creek
and N. of Upper Levels
15,538
3,688
1,037
3,163
216
196
1,075
3,475
2,689
4. East of Cypress Creek,
West of Existing
Development and N. of
Upper Levels, except
Cypress Village and
Rodgers Creek Areas
5 and 6.
15,658~
~ Note:
original
bylaw
showed
incorrect
sum
4,760
1,037
2,210
216
196
1,075
3,475
2,689
4.a Cypress Village
1,291
0
0
0
216
0
1,075
0
0
4.b Rodgers Creek Areas 5
and 6
3,501
0
0
2,210
216
0
1,075
0
0
5. Infill - apartment, single
family, and non-
residential (b)
9,196
509
1,037
*
216
196
1,075
3,475
2,689
(a)
Areas are designated on Schedule "B"; the official detailed map is lodged with the Municipal Clerk as part of this Bylaw.
(b)
Charges for non-residential units are calculated on the gross floor area, with each 186 square metres (approximately 2,000 square feet) or
portion thereof equal to one unit.
(c)
Subarea 4a - Cypress Village is shown in Scheule C, Figure 1 and Subarea 4b - Rodgers Creek Areas 5 and 6 is shown in Schedule C,
Figure 2.
* No charges.
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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SCHEDULE B - DCC AREAS MAP
Consolidated Development Cost Charge Bylaw No. 3801, 1993
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Amendment
Bylaw 5209
SCHEDULE C - DCC AREA 4 MAPS
Figure 1: DCC Area 4, Subarea 4a - Cypress Village
Figure 2: DCC Area 4, Subarea 4b - Rodgers Creek Areas 5 and 6