This is the exact embedded text of the captured official document.
Snapshot 9a4c822ce2d4 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
M-11 (a)
BYLAW 2018-3388
A Bylaw of the City of Weybum, in the Province of Saskatchewanto establish an Off-Site
Development Levy in respect of land that is to be subdivided,developed or redevelopedwithin the City
of Weybum
WHEREAS,
pursuant
to and under the authority of Sections 169 and I 72(3)(b) of the Planning and
DevelopmentAct 2007 (Chapter P-13.2) (the "Act") the Council of the City of Weybum (the "Council"
or "City), may pass a bylaw establishing
and charging ot'f--sitedevelopment levies or subdivision
servicing fees for one or more purposes described in the Act;
AND WHEREAS,
the Council of the City of Weybum deems it desirable to establish an off-site
developmentlevy and standard subdivision servicingfees for the purposes described in the Act;
AND WHEREAS,
the City engaged a consultant and has received a study regarding the estimated
capital costs of providingmunicipal services and infrastructure, which study further sets out a fair and
equitable calculation of off--sitedevelopment levies and subdivision servicing fees in accordance with
the Act;
AND WHEREAS, the City will carry out public noti?cation of the proposed bylaw in accordance with
the public participation requirements contained in Section 207 of the Act;
NOW THEREFORE
the Council of the City of Wevbum in open meeting
enacts as follows'
1.
SHORT TITLE
This bylaw may be cited as the "0/f-siteDevelopmentLevy Bylaw
-- 2018-3388 ".
2. PURPOSE AND INTENT
This Bylaw is intended to:
a)
To impose and provide for the payment of Off--sitedevelopment levies;
b)
To provide consistency between off-site development levies and subdivision servicing fees,
where appropriate;
c)
To provide a tool to collect Off-site development levies or subdivision servicing fees related to
services provided by the City within and outside corporate
City boundaries, as and where
appropriate;
d)
To authorize agreements
to be entered into with respect to payment
of Off-site development
levies;
e)
To set out conditions upon which the Off-site development levy will be applied to speci?c land
uses, classes of development, zoning districts or defined areas;
0
To indicate how the Off-site development levy and subdivision servicingfees is determined and
allocated; and
g)
To provide for the consideration of providing a partial or full reduction where it is consistent
with an adopted local economic development initiative as a means of further encouraging the
establishment of a speci?c type of new development, redevelopment or density of development
in strategic areas of the City; such reduction to be funded within the broader City tax structure.
'
3.
DEFINITIONS
5 In this Bylaw;
1 a)
''Act'' shall mean The Planning and Development/ict, 2007, Chapter P-13 and any amendments
thereto.
b)
"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 ofany building or land;
c)
"Development Charges Policy" shall mean the policy adopted by Council for the administration
of this Bylaw, as amended from time to time.
d)
"Development Credit" shall mean an amount
previously collected by the City as an off-site
development levy or subdivision servicing fee, for which there is a record that the amount
was
collected or included as part of a sale price if purchased directly from the City.
e)
"Development Land" shall mean any land on which development, redevelopment, and/or
subdivision is proposed.
t)
"DevelopmentProponenl" shall mean a landowner or legal designate of development land.
g)
High Service Level Application" shall mean:
M-11 (a)
i.
Introduction of a service (e.g. water, sewer, etc) which was not previouslyprovided to
the developmentsite;
ii.
Signi?cant increase in use of a service or services due to a change in use; or
iii.
A change in use that in the opinion of the Chief Development Officer or Economic
Development Committee will utilize a higher level of service incrementallyadding to
the capital costs of the City to provide for services.
h)
"In?llDevelopment Site or Redevelopment" shall mean any development site which was
previously developedand built on, which is now a bare lot due to demolition or removal of the
previous development;or the change in the use or intensityof the use of any building or land
a?er an initial development.
i)
"New developable lots/parcels" shall mean, for the purpose of this bylaw, the total number of
lots/parcels created from subdivision excluding any one parcel/lot on which already exists a
permanent
building or structure.
j)
"Net hectare/acre" shall mean a hectare/acre of development land which excludes any land
dedicated public utility parcels, Municipalor Environmental Reserve Parcels.
k)
"Net
gain"
shall
mean
the
increased number
of
dwelling
units
or
area
of
the
commercial/industrial/institutionalbuildingfrom what previously existed on the site.
1)
"0jf--siteDevelopment Levy
" shall mean the levy imposedand created by this bylaw pursuant
to the Act.
m)
"Open Air Development" shall mean thedevelopment of a business which does not necessarily
require any structures
in order to carry out the business.
Some examples of Open Air
Developments are; campgrounds, outdoor equipment storage for sale or rent, mobile home or
recreational vehicles displays where the items are for sale or rent, amusement
parks, tree
nursery, petting zoo or animal park, outdoor recreation facilities such as golf, rental outdoor
storage space, and lumber storage yard to name a few.
n)
"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;
o)
"Subdivision Servicing Fees" shall mean the fees imposed under a subdivision servicing
agreement pursuant to the Act.
4.
ADMINISTRATION
& ENFORCEMENT
a)
The Council hereby delegates to the City Manager and his delegate, as Subdivision Approving
Authority and Chief Development Officer for the City of Weybum, the authority to enforce and
administer this Bylaw and related Policy. The Council hereby provides the City Manager and
his delegate authority to enter into and negotiate Subdivision Servicing Agreements.
b)
Any requests to negotiate directly with Council on a Subdivision Servicing Agreement may be
referred to an ad--hocEconomic DevelopmentCommittee, at the City Manager's discretion, and
proceed to Council only if it is recommended by the Committee.
c)
Development levies will be collected by the City as a condition of approval for a development
pennit; a permit will not be issued until the levy has been paid or a Development Levy
Agreement has been entered into.
d)
A request to enter into a Development Levy Agreement, pursuant
to Section 171 of the Act,
must be approved by Council, pursuant to clause 169(8) of the Act.
e)
All development permit applications will include the completion of a site plan and document the
intended use for the development.
0
All development and servicing agreements
would document the development area
and
developer's
statement
regarding intended use, he entered on title and transferable
to any
subsequent owner.
5.
APPLICATION
This Bylaw applies to all Development Land located within the City of Weybum and will be applied,
with any necessary modi?cation,
to the extension of City services provided outside of the corporate
limits of the City.
6. IMPOSITION
OF LEVY
l Development Land shall be subject
to and charged an Off-site development levy according
to the
'
following applications;
1 a)
Land Subdivision Agglications:
New developable lots/parcels to be created from subdivision shall be charged a subdivision
1
servicing fee based on $11 1,449.57 per net hectare [$45,121.28 per net acre] ofthe lands being
7
affected by the subdivision.
When subdivision servicing fees are collected by the City, at the time of subdivision, the City
shall not collect any further offsite development levies on the said land (the newly created
developable sites) for a period of 5 years from date of approved subdivision.
M41 (a)
b)
iii.
iv.
vi.
iii.
iv.
A?er
the 5 year time period, the City shall impose to collect any current
development levies
minus the credit of the paid subdivision servicing fees, per acre.
DevelopmentPermit Agglications:
Classes ofDevelopment;
a.
Residential Single Family - $6,768.19 per new site
b.
Multi Family Residential - $2,233.50 per door
c.
Commercial / Industrial / institutional- $4.51 / 112
d.
Open Air Development
-- $9,009.60 per acre
Proposals involving development or redevelopment of
a site, involving permitted or
discretionary uses where no subdivision is occurring, and in the case of redevelopment which
result in an increased intensityof use, increased density of development, change of use and/or
are determined to be a High Service Level Development Application, as determined by the
Chief Development Officer or an ad-hoc Economic Development Committee, shall be subject
to payment of an off-site development levy based on $11 1,449.57 per net hectare [$45,121.28
per net acre] or as per the above listed classes of development.
Proposals involving development or redevelopment of a residential,commercial, industrial or
institutional site with a site area of less than 1 acre where no subdivision is occurring, and/or
where municipal services are to be utilized,will pay the development levy as per the Classes of
Development calculations above.
Proposals involving developmentor redevelopmentof an undevelopedsite greater than 1 acre
in size shall be required to pay the developmentlevy as calculated at $45,121.28 per acre.
Proposals involving developmentor redevelopment of an intill site which is anticipated to have
minimal or no impact on existing or anticipated future services may be exempt from off--site
levies or fees, based on the previous use of the site.
Proposals involving land where open air developments were in place will be required to pay
any applicable sewer and water
levies which were
not collected at the time of open air
development. Levies for water service would be $0.37 / R2 and sewer service would be $0.46 /
ft2 of buildingarea where these servicesare connected.
Proposals involving commercial, industrialor institutional additions on buildings older than
2013
shall have offsite development levies applied as per the Classes of Development
Calculations above. Such proposals for building 2013 or newer will be subject to payment
of
offsite development levies where levies were not previously collected.
Adiustments
to the Development Charges:
Where an amount
was previously collected by the City as a subdivision servicing fee or off-site
development levy, as determined by the Chief Development Officer, that amount
will be
provided as a development credit towards the development charges under the current
application.
Any adjustment to the development levy by the Chief Development Officer or ad hoc
Economic Development Committee will be based upon the impact of the development on past,
current
and future off-site infrastructure needs in accordance with the current
Development
Charges Policy, as amended from time to time.
Where the Development proponent
believes there are circumstances which may warrant
a
variation from the full off--sitedevelopment levy for a proposed Development or Subdivision:
a.
The Development proponent
shall submit a report
to the Chief Development Officer,
providing particulars of the proposed development or subdivision or the circumstances
which may warrant
a variation;
b.
The Chief Development Officer will then dra? a report for Council's consideration;
c.
Council shall consider the Development Officer's report
and may, by resolution of
Council:
i.
Approve the Development Officer's recommendations;
ii.
Approve such other variation and/or change to distribution as Council may, in its
discretion, determine, or
iii.
Deny the variation and advise the applicant of the right to appeal.
All development proponents
are afforded the opportunity to make applicationand appeal the
condition of the offsite development
levy fee, as per Section 176 of the Planning
&
Development Act 2007.
7. AUTHORITY
TO ENTER INTO AGREEMENT
For the purposes of this bylaw, the City will require the development proponent
to enter
into an
agreement
with the City respecting the payment of off--sitedevelopment levies or subdivision servicing
fees. The agreement,
to be prepared by the City, may contain whatever provisions are deemed necessary
by the City to ensure payment
of the off-site levy or fees by the development proponent
and/or
successor in title or assigns, including the items in Section 173 ofthe Act.
8. PAYMENT
a)
The Off-site Development Levy and Subdivision Servicing Fee prescribed by this bylaw shall be
M"
(3)
paid either;
I.
100% payout prior to the issuance of a Development Permit, as applicable; or
II.
100% payout prior to the issuance of a Subdivision Approval, as applicable; or
III.
In a prescribed manner and timeline appropriate for the City as outlined within a
development levy agreement,
pursuant
to Section 171 of the Act; or
IV.
In a prescribed manner and timelineappropriate for the City as outlined within a servicing
agreement, pursuant to Section 172of the Act.
b)
Delayed or phased payments of levies/feesmay only occur if authorized by the City Manager and
payment is secured by letters of credit in the full outstandingamounts.
9. PURPOSE AND USE OF THE LEVY/FEE
a)
The purpose of charging offsite development levies and subdivision sewing fees is to assist the
City in paying expended, required and future capital costs for providing altering, expanding or
upgrading infrastructure works which are located outside the boundaries of development land, and
which directly or indirectly service and/or bene?t the development land. The off-site development
levy and subdivision sewing fees may also be utilized to pay a debt incurred by the City as the
result of infrastructure expenditures or to reimburse an owner described in clause 173(d) of the
Act.
b)
The full off--sitedevelopment levy/subdivision servicing fee capital costs for infrastructure willbe
calculated using the following calculations in conjunction with the Development Charges Policy:
>
Water Supply, Treatment,
Transmission & Distribution
$39,532.79
per net hectare
[$16,005. 18)/ per net acre]
>
Sanitary Sewage Collection, Storage,
Transmission,Treatment & Disposal
$49,663.07
per
net
hectare
[$20,106.51 per net acre]
>
Storm Drainage Collection & Disposal
$ 3,593.89 per net hectare
[$l,455.02/ per net acre]
>
Transportation (Arterial Roadways & Traffic control)
$16,853.82
per
net
hectare[$6,823.41
/
per
net
acre]
'>
Parks & Recreation
$1,806.00
per
net
hectare
[$731.17 /per net acre]
c)
Offsite development levies shall be deposited into one or more accounts
separate and apart from
other funds of the City and used for the purpose they were collected.
10. CALCULATION
OF LEVY
The Off--siteDevelopment levy adopted in this bylaw is derived from the ?ndings of the 'City of
Weyburn
- Development Cost Clmrge Review' prepared by Stantec Consulting, dated March 26, 2013.
The charge been modi?ed
to be applied as
[$111,449.57
per
net
hectare] under this bylaw.
Development Cost Charge Review study is attached to and forms part of this bylaw. Appendix"A"
attached hereto further explains the calculations derived from the study and the modi?cations.
1].
SEVERABILITY
In the event that any provision of this bylaw is found to be null and void or contrary
to law by any court
of competent jurisdiction, than such provision shall be severed from this bylaw and the remainder of
this Bylaw shall continue to be of full force and effect.
12. ENACTMENT
This Bylaw shall take force and effect upon 3"'and Final reading thereof and approval of Official
Community Plan Amending Bylaw 2017-3365 by the Ministry of Government Relations.
13. REPEAL
This Bylaw repealsBylaw 2017-3365.
MAYOR
CITY CLERK
READ a First time this 24"'day of September, A.D., 2018.
READ a Second time this 9"'day of October, A.D., 2018
READ a third time this 9"'day of October, A.D.,2018, and passed
I Donette
Richter, City Clerk for the City of Weyburn, herebycertify that the foregoing is a true copy of Bylaw
No. 2018-3388, passed at a Regular Meeting ofthe Weybum City Council on the 9"'day of October, 2018
Donette Richter
M-11 (a)
Appendix "A" to the Offsite Development LevvBvlaw 20183388
Offsite Development Legy Calculations
The City of Weyburn engaged a consultant who completed a study in December 2012, regarding
the ca ital costs of providing municipal services and infrastructure
to the developable land within
the Cityof Weyburn limits.
The following was determined, in the study;
1.
2.
3.
There are 5545 hectares of useable land for future developable within city limits;
The annual growth assumption for Weyburn was 3.8%, estimating a population of 22,000 by
2025;
Estimatedcapital projects (as listed in the Stantec Report) which would need to be completed
between 2013 and 2025 in order to service the future growth of the city within the residential,
commercial and industrial sectors were as follows;
a.
Water System Capital Costs
$47,250,000
b.
Storm Sewer System Capital Costs
$ 6,660,000
c.
Sewage System Capital Costs
$35,450,000
d.
Road system Capital Costs
$74,544,433
e.
Parks and Recreation Capital Costs
$ 9,540,175
TOTAL
CAPITAL PROJECTS COSTS
$173,444,608
Of the capital projects it was determined that the benefit of those projects was $1 18,250,000
towards new development and $55,194,608 for city wide.
Therefore it was calculated that $173,444,608 worth of capital projects for new development
would be recovered by charging $86,000 / acre (1 18,250,000/1375)
Modifications
to the Study
-- due to the fact that the City of Weybum has not experienced the
anticipated
annual growth as presumed in the Stantec Development Cost Charge Review, the City of
Weybliin
has decided that all projects listed on the Capital Projects List, that were scheduled for 2021
or later'
would be removed and that the City of Weybum engage the consulting firm to review the
existin study to determine a more accurate growth rate and amend the Capital Projects.
Wateri?ystem
Capital Costs
$45,250,000
Storm kewerSystem Capital Costs
$
6,660,00
Sewagi-I
System Capital Costs
$35,450,000
Road F)/stem
Capital Costs
$15,722,900
Parks hdRecreation Capital Costs
$ 2,010,075
TOT
' CAPITAL
PROJECT
COSTS
$105,092,975
CITY
E BENEFIT
$ 43,071,288
NEW 0EVELOPMENT
$ 62,021,688
New Calculations
~ based on modi?ed capital project list
Offsite Development Levy Fee = $111,449.57 /hectare ($62,021,688 / 556.5) or $45,121 .28/
acre ($1 11,449.57/ 2.47)
Service
Per Hectare
Per Acre
Water System
$39,532.79
$16,005.18
Storm Sewer System
3,593.89
1,455.02
Sewage System
49,663.07
20,106.51
Road system
16,853.82
6,823.41
'
Parks
and Leisure
1,806.00
731.17
TOTAL
$111,449.57
$45,121.28
Calculations for Development Classes as set out in Section 6.b) of the Bylaw;
a.
Residential Single Family
-- residentialsingle family sites have access and impact all
City infrastructure and services provided. The average single site is approximately.15
acres (620 m2) which equals $45,121.28 x.l5
= $6,768.19 per single family site.
Multi family residential
-- multifamily sites / units have access and impact all City
infrastructure and services provided. The average area of a suite located within a multi
family development is .05 acres (208m2) which equals $45,121.28 x .05 =2,256.06 per
unit.
Commercial
/ Industrial / Institutional
-- This calculation was for smaller sites with
smaller developments. The fee is based on a half of an acre site and will apply to all
commercial, industrial, institutional developments that are located on site less than 1
5
M-11 (a)
acre in size. This calculation was based on a building with the foot print of 5,000 ft2
which equals $45,121.28 / 2 (ha1facre)= $22,560.64 / 5000 (bldg. area)
= $4.51 /ft2
Open Air Development
-- This type of development, as de?ned in the Offsite
Development Bylaw, would not have any actual structures which would connect to
sewer or water therefore this calculation was based on the infrastructure/ servicesthat
are not physical connections.
i.
Storm Sewer System
$1,455.02
ii.
Road System
$6,823.41
iii.
Parks & Leisure
$
731.17
TOTAL LEVY / ACRE
$9,009.60