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Development Levy Bylaw
BYLAW NO. 2 - 2008
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are
available from the Office of the City Clerk and must be consulted for purposes of
Interpretation and application of the law.
Consolidation includes the following Amendments:
Amendments
Date Passed
Bylaw No. 18 - 2016
August 29th, 2016
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are
available from the Office of the City Clerk and must be consulted for purposes of
Interpretation and application of the law.
Bylaw No. 2 - 2008
Page 1 of 4
BYLAW NO. 2 - 2008
A BYLAW OF THE CITY OF SWIFT CURRENT, IN THE PROVINCE OF
SASKATCHEWAN, TO ESTABLISH A DEVELOPMENT LEVY FOR NEW
SUBDIVISION AND DEVELOPMENT WITHIN THE CITY
Bylaw No. 18 - 2016
August 29, 2016
WHEREAS, The Council of the City of Swift Current has adopted an Official Community
Plan that authorizes the use of development levies; and
Bylaw No. 18 - 2016
August 29, 2016
WHERAS, The Planning and Development Act, 2007 authorizes a City Council to pass a
bylaw to recover the capital cost of services and facilities associated, directly or
indirectly, with a proposed development; and
NOW THEREFORE, THE COUNCIL OF THE CITY OF SWIFT CURRENT IN COUNCIL
ASSEMBLED ENACTS AS FOLLOWS:
1.0
This Bylaw shall be cited as the "Development Levy Bylaw".
Bylaw No. 18 - 2016
August 29, 2016
2.0
INTERPRETATION:
For the purpose of this bylaw:
"Capital Cost" means the City's cost of providing construction, planning,
engineering and legal services that are directly related to the matters for which
development levies and servicing agreement fees are established;
"Development Levy" and "Servicing Fee" shall have the same meaning;
"Development" means the carrying out of any building, engineering, mining or
other operations in, on or over land or the making of any material change in the
use or intensity of the use of any building or land;
"Subdivision" means a division of land that will result in the creation of a surface
parcel, or the rearrangement of the boundaries or limits of a surface parcel, as
surface parcel is defined in The Land Titles Act, 2000;
Bylaw No. 2 - 2008
Page 2 of 4
"Net Development Area" means the total area of the legal parcel(s) that are
subject to development or subdivision and shall not include roads, buffers,
walkways, or municipal/environmental reserves.
3.0
PURPOSE
The purpose of this Bylaw is to recover the city's capital costs for providing,
altering, expanding, or upgrading the following services and/or facilities
associated, directly or indirectly, with a proposed development or subdivision:
a) sewage, water or drainage works;
b) roadways and related infrastructure;
c) parks; and
d) recreational facilities.
4.0
DEVELOPMENT LEVY / SERVICING FEE AMOUNT
4.1 On residential properties where a development levy or servicing fee has not
yet been collected, the city shall charge a fee of $73,520.51 per hectare
($29,752.74 per acre). This amount shall be paid on all residential land that
is considered a development or subdivision in accordance with the definitions
of this bylaw. The total amount to be paid shall be based on the following
formula:
Net Development Area (ha) x $73,520.51 = Total Development Levy
4.2 On non-residential properties (institutional, commercial or industrial uses)
where a development levy or servicing fee has not yet been collected the city
shall charge a fee of $117,369.71 per hectare ($47,497.91 per acre). This
amount shall be paid on all non-residential land that is considered a
development or subdivision in accordance with the definitions of this bylaw.
The total amount to be paid shall be based on the following formula:
Net Development Area (ha) x $117, 369.71 = Total Development Levy
5.0
TERMS OF PAYMENT
5.1
Land subject to a development permit:
The developer shall pay the development levy specified in the
Development Permit prior to commencing the development. If the
Bylaw No. 2 - 2008
Page 3 of 4
development levy is not paid prior to commencing the development, the
Development Officer or the Building Official shall issue an order stopping
the development activity at the site until the development levy is paid.
5.2
Land subject to subdivision:
Where there is a proposed subdivision of land, Council may require a
subdivision applicant to pay the development levy pursuant to this bylaw
as a condition of subdivision. A certificate of approval will not be granted
by the City until such time that the development levy is paid by the
subdivision applicant.
Where an applicant proposes to subdivide land in phases, or stages and
the subdivision phasing is approved by council the development levy
applicable to each phase shall be paid prior to obtaining a certificate of
approval for the said phase.
6.0
USE OF LEVIES AND FEES
All development levies and any accrued interest on the money collected shall be
deposited into one or more development levy accounts, separate and apart from
other funds of the city.
The city shall use the funds received and any accrued interest only to:
a) Pay the capital cost of providing the services and facilities described in
section 3 of this bylaw;
b) Pay debt incurred by the city as a result of an expenditure described in
section 3 of this bylaw;
c) Reimburse an owner described in clause 173(d) of the Planning and
Development Act, 2007.
7.0
APPEALS
The requirement to pay a development levy may be appealed in accordance with
clause 176 of the Planning and Development Act, 2007.
8.0
SEVERABILITY
If any Section or portion of this bylaw is for any reason held to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, that Section or
Bylaw No. 2 - 2008
Page 4 of 4
portion shall be deemed severable and shall not affect the validity of the
remaining portions of this bylaw.
9.0
EFFECTIVE DATE
This Bylaw shall come into force and have effect from and after the date of the
final reading.
MAYOR
CITY CLERK
INTRODUCED AND READ a first time this 3rd day of March, 2008.
READ a second time this 17th day of March, 2008.
READ a third time and finally passed this 17th day of March, 2008.