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Home My Public Portal AboutDevelopment Cost Charges Bylaw 1390TOWN OF OLIVER BYLAW 1390 A Bylaw to Establish and Set Development Cost Charges in the Town of Oliver WHEREAS pursuant to Section 559 of the Local Government Act, RSBC 2015, Council may, by bylaw, impose development cost charges under the terms and conditions of that section and all other sections of Division 19 – Development Costs Recovery; AND WHEREAS development cost charges shall be imposed for the purpose of providing funds to assist the Town in paying the capital cost of providing, constructing, altering or expanding water, sewage, drainage and road facilities, and providing and improving park land, to service, directly or indirectly, the development for which the charges are imposed; AND WHEREAS in the consideration of Council, the charges imposed under this bylaw: 1. are not excessive relative to the capital cost of prevailing standards of service in the Town; 2. will not deter development in the Town; 3. will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the Town; and 4. will not discourage development designed to result in a low environmental impact. AND WHEREAS in the opinion of Council, the charges imposed under this bylaw reflect: 1. future land-use patterns and development; 2. the provision of park land described in the Town’s Official Community Plan; and 3. capital projects consistent with the Town’s Official Community Plan. NOW THEREFORE, the Council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION 1.1. This bylaw may be cited for all purposes as “Development Cost Charge Bylaw 1390”. 2. REPEAL 2.1. Oliver Development Cost Charge Bylaw No. 1172 is hereby repealed. 3. INTERPRETATION 3.1. In this bylaw; “Assisted living” means a care facility that combines private living quarters with centralized dining services, shared living spaces, and access to social and recreational Bylaw 1390 Page 2 activities. Assisted living usually provides supportive services like meals and housekeeping in addition to rental accommodation. “Bedroom” means a room designed for sleeping in and includes a den, study, library or similar habitable room that may be used as a bedroom. “Building” means any structure used or intended for supporting or sheltering any use or occupancy. “Campsites & Recreational Vehicle Parks” means a commercial lot used or intended to be used for camping or use of a recreational vehicle (RV). Where campsites or RV pads are serviced by the municipal water and sanitary sewer systems, DCCs shall be collected for each campsite or RV pad at a rate of 40% of the charges set out for “SF1” units. Where campsites or RV pads are not serviced with municipal water and sanitary sewer systems, only “Municipal Roads” and “Municipal Parks” DCCs shall be collected for each campsite or RV pad at a rate of 20% of the charges set out for “SF1” units. Collection of DCCs for commercial facilities within a Campsite or RV Park (such as a washroom or sani-dump facility) shall be as per the charges set out for “Commercial” land use. “Care 1” (CARE1) means an assisted living sleeping unit designed for occupancy by one resident and having not more than 50 square metres of floor area. “Care 2” (CARE2) means an assisted living sleeping unit designed for occupancy by two residents or having more than 50 square metres of floor area. “Charge” means a development cost charge as authorized in the Local Government Act. “Commercial” means any commercial or tourist commercial use as permitted under the Town’s Zoning Bylaw. “Dwelling Unit” means one or more habitable rooms designed, occupied or intended for residential use where such a room or rooms together contain or provide for the installation of only one set of cooking facilities and one or more bathrooms. “Gross Floor Area” means the total floor area of a building on a parcel measured to the outer limits of the building; excluding uncovered parking, unenclosed swimming pools, uncovered balconies, sundecks and parking within a building. “Industrial” means a use of land or building in an industrial zone as permitted by the Town’s Zoning Bylaw. “Institutional” means a building or structure used or intended to be used for charitable, cultural, educational, philanthropic, recreational, religious or social purposes as permitted by the Town’s Zoning Bylaw. “Lot” means a parcel of land legally described and registered on the records of the Land Title Office and includes Land Act Surveys as registered crown land. “Multi Family 1” (MF1) means a dwelling unit which: (1) shares at least one common wall, party wall, or floor/ceiling assembly with an adjacent residential, commercial, institutional or industrial unit; (2) has a floor area of not more than 90.0 square metres; and (3) contains not more than two bedrooms. Bylaw 1390 Page 3 “Multi Family 2”(MF2) means a dwelling unit which: (1) shares at least one common wall, party wall, or floor/ceiling assembly with an adjacent residential, commercial, institutional or industrial unit; (2) has a floor area of more than 90.0 square metres but not more than 110 square metres; and (3) contains not more than three bedrooms. Each mobile home pad designed to accommodate a single-wide mobile home shall be considered a Multi Family 2 housing unit for the purpose of this bylaw. “Multi Family 3” (MF3) means a dwelling unit which: (1) shares at least one common wall, party wall, or floor/ceiling assembly with an adjacent residential, commercial, institutional or industrial unit; and (2) exceeds the floor area or bedroom count requirements of the “Multi Family 2” definition. “Not-for-profit Rental Housing” means rental housing subsidized by the Province of British Columbia or by a non-profit agency which enables rents to be provided at below- market rates on a percentage of income basis and is owned and operated by either a public or a non-profit agency. “Single Family 1” (SF1) means a land parcel or a bareland strata parcel zoned for one detached dwelling unit or duplex with a land area less than 500.0 square metres per dwelling unit. Each mobile home pad designed to accommodate a double-wide mobile home shall be considered a Single Family 1 housing unit for the purpose of this bylaw. “Single Family 2” (SF2) means a land parcel or a bareland strata parcel zoned for one detached dwelling unit or duplex with a land area equal to or greater than 500.0 square metres per dwelling unit. “Sleeping Unit” means a group of one to three habitable rooms used for accommodation of assisted living residents. Sleeping units may contain a bedroom or a combination sleeping/sitting room, and a bathroom, but may not include a kitchen. “Zone” means a zone as established and defined in Town’s Zoning Bylaw. as amended from time to time. “Zoning Bylaw” means the Town of Oliver Zoning Bylaw No. 1380, 2015 as amended from time to time. 4. CHARGES 4.1. Development cost charges are hereby imposed on every person who obtains: a) approval by the Approving Officer of a subdivision pursuant to the Land Title Act or the Strata Property Act; or b) a building permit authorizing the construction, alteration, or extension of a building or structure 4.2. The development cost charges shall be paid to the Town in the amount set out in the Schedules which are attached to and form part of this bylaw as: a) Schedule A – Development Cost Charge for Municipal Roads b) Schedule B – Development Cost Charge for Sanitary System Bylaw 1390 Page 4 c) Schedule C – Development Cost Charge for Municipal Water Supply d) Schedule D – Development Cost Charge for Municipal Park 4.3. The development cost charges shall be paid in full prior to approval of a subdivision or issuance of a building permit, as per the table below. If, for any reason, the applicable charges were not paid at Subdivision for “SF1,” “SF2,” and “Campsites and RV Parks”, charges will be collected prior to issuance of building permit. LAND USE COLLECTION TIMELINE SF1* Subdivision SF2 Subdivision MF1 Building Permit MF2 Building Permit MF3 Building Permit CARE1 Building Permit CARE2 Building Permit Commercial Building Permit Institutional Building Permit Industrial Building Permit *DCCs for Campsites and RV pads are calculated as a fraction of “SF1” land use and are collected at the time of subdivision. Collection of DCCs for commercial facilities within a campsite and RV park are calculated and collected as per the “Commercial” land use. 4.4. All charges imposed by this bylaw may be paid by instalments in accordance with BC Reg. 166/84 to the Local Government Act, being the Development Cost Charge (Instalments) Regulation. 4.5. Charges collected under this bylaw may be refunded only under the following circumstances: a) the charge is incorrectly assessed or calculated; b) construction authorized under a Building Permit is not commenced within twelve (12) months of the issuance of a permit and the original Building Permit is returned to the Town. 4.6. Pursuant to section 561(6) of the Local Government Act, charges are payable under this bylaw in relation to a development comprising fewer than four dwelling units. 5. EXEMPTIONS No charge is payable under Section 4 of this bylaw where: Bylaw 1390 Page 5 5.1. 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 220(1)(h) and 224(2)(f) of the Community Charter; 5.2. 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; 5.3. Council MAY provide assistance by waiving or reducing a development cost charge where the building permit authorizes the construction of not-for-profit rental housing; or 5.4. A building is destroyed by fire or demolished for the purpose of redevelopment of the land, in which case development cost charges will only be payable for that portion of the building which exceeds the number of dwelling units or Gross Floor Area of the original building. 6. MULTIPLE USES 6.1. When a building or structure is used or intended to be used for more than one class of development, charges under this bylaw shall be calculated separately for the areas used for each class as though the area was a separate building, and the amount payable shall be the combined total for all classes. 7. REZONING OR FURTHER DEVELOPMENT 7.1. Subject to Section 8, if the proposed new development exceeds the scope of development for which charges have previously been paid then the new development will pay charges as set out in this bylaw for the additional increment of development. 8. REFUNDS 8.1. Despite section 7, there shall be no refund of previous charges collected, even if the scope of the proposed new development incurs less charges than were previously collected. 9. SEVERABILITY 9.1. If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the bylaw is deemed valid. READ A FIRST, SECOND AND THIRD TIME this 14th day of December 2020 . RE-READ A THIRD TIME this 8th day of March 2021 . RE-READ A THIRD TIME this 26th day of April 2021 . APPROVED by the Inspector of Municipalities this 25th day of May 2021 . ADOPTED this 14th day of June 2021 . ‘Original signed by Mayor ’ ‘Original signed by Corporate Officer’ Mayor Corporate Officer Bylaw 1390 Page 6 TOWN OF OLIVER SCHEDULE A DEVELOPMENT COST CHARGE FOR MUNICIPAL ROADS 1. Development Cost Charges are payable for Municipal Roads as follows: LAND USE MUNICIPAL ROADS DCCS UNITS OF MEASURE SF1 $4,227 Dwelling Unit SF2 $5,073 Dwelling Unit MF1 $2,537 Dwelling Unit MF2 $3,382 Dwelling Unit MF3 $4,227 Dwelling Unit CARE1 $846 Dwelling Unit CARE2 $1,691 Dwelling Unit Commercial $42.27 m² gross floor area Institutional $21.14 m² gross floor area Industrial $42.27 m² gross floor area 2. The Municipal Assist Factor for Municipal Roads DCC is 1% Bylaw 1390 Page 7 TOWN OF OLIVER SCHEDULE B DEVELOPMENT COST CHARGE FOR SANITARY SYSTEM 1. Development Cost Charges are payable for Sanitary System as follows: LAND USE SANITARY SYSTEM DCCS UNITS OF MEASURE SF1 $1,429 Dwelling Unit SF2 $1,747 Dwelling Unit MF1 $953 Dwelling Unit MF2 $1,270 Dwelling Unit MF3 $1,588 Dwelling Unit CARE1 $635 Dwelling Unit CARE2 $1,270 Dwelling Unit Commercial $5.72 m² gross floor area Institutional $6.99 m² gross floor area Industrial $5.72 m² gross floor area 2. The Municipal Assist Factor for Sanitary System DCC is 1% Bylaw 1390 Page 8 TOWN OF OLIVER SCHEDULE C DEVELOPMENT COST CHARGE FOR MUNICIPAL WATER SUPPLY 1. Development Cost Charges are payable for Municipal Water Supply as follows: LAND USE MUNICIPAL WATER DCCS UNITS OF MEASURE SF1 $405 Dwelling Unit SF2 $495 Dwelling Unit MF1 $270 Dwelling Unit MF2 $360 Dwelling Unit MF3 $450 Dwelling Unit CARE1 $180 Dwelling Unit CARE2 $360 Dwelling Unit Commercial $1.62 m² gross floor area Institutional $1.98 m² gross floor area Industrial $1.62 m² gross floor area 2. The Municipal Assist Factor for Municipal Water DCC is 1% Bylaw 1390 Page 9 TOWN OF OLIVER SCHEDULE D DEVELOPMENT COST CHARGE FOR MUNICIPAL PARKS 1. Development Cost Charges are payable for Municipal Parks as follows: LAND USE MUNICIPAL PARKS DCCS UNITS OF MEASURE SF1 $2,682 Dwelling Unit SF2 $3,278 Dwelling Unit MF1 $1,788 Dwelling Unit MF2 $2,384 Dwelling Unit MF3 $2,980 Dwelling Unit CARE1 $596 Dwelling Unit CARE2 $1,192 Dwelling Unit Commercial N/A m² gross floor area Institutional N/A m² gross floor area Industrial N/A m² gross floor area 2. The Municipal Assist Factor for Municipal Parks DCC is 1%