City of Revelstoke
CONSOLIDATED FOR CONVENIENCE
DEVELOPMENT COST CHARGES BYLAW NO. 1781
(CONSOLIDATED COPY - Includes Amendments Enacted by BYLAW No. 1894)
CONSOLIDATED FOR CONVENIENCE
All persons making use of this consolidated version of City of Revelstoke Bylaw No. 1781 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law.
Sub sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation.
CITY OF REVELSTOKE
BYLAW NO. 1781
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A Bylaw of the Municipality to Impose Development Cost Charges
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WHEREAS pursuant to Section 933 of the Local Government Act the Council may by Bylaw, impose Development Cost Charges under the terms and conditions of the Section;
AND WHEREAS Development Cost Charges may be imposed on every person who obtains approval of a subdivision, or a building permit authorizing the construction, alteration or extension of a building or structure, to assist the Municipality to pay the capital costs of:
(a) providing, constructing, altering, or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and
(b) providing and improving park land in order to service, directly or indirectly, the development in respect of which the charges are imposed;
(c) to pay the capital costs of providing, constructing, altering or expanding employee housing to service, directly or indirectly, the operation of resort activities in the resort region.
AND WHEREAS in the consideration of Council the charges imposed by this Bylaw:
(a) are not excessive in relation to the capital cost of prevailing standards of service in the municipality;
(b) will not deter development in the municipality
(c) Amended Bylaw 1894 (c) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land;
(d) are not duplication of requirements imposed by the municipality under the provisions of a land use contract, development permit, the Subdivision Control Bylaw, Section 938 of the Local Government Act, or other development requirements.
AND WHEREAS in the consideration of Council the charges imposed by the bylaw are:
(a) related to capital costs attributable to projects involved in the capital budget of the municipality;
(b) related to capital projects consistent with the Official Community Plan and development policies of the municipality;
NOW THEREFORE the Municipal Council of the Corporation of the City of Revelstoke
in open meeting assembled enacts as follows:
DEFINITIONS: Amended Bylaw No. 1894 - Section 1
1. All words or phrases shall have their normal or common meaning except where this is changed, modified or expanded by the definitions set forth below:
“COMMERCIAL” means a commercial development used or intended to be used for the operation of any business, including the sale or provision of goods, accommodation, entertainment, meals or services, but excludes an industrial, institutional or residential development.
"DEVELOPER" means every person on whom a charge to be collected pursuant to this Bylaw is imposed.
“INDUSTRIAL” means a light industrial development used or intended to be used for manufacturing, production, assembly, testing, warehousing, distribution or storage of products and materials, but excludes a commercial, institutional, residential and heavy industrial development that will require significant domestic water and/or wastewater usage.
“INSTITUTIONAL” means an institutional development intended to be used only on a non-profit basis for cultural, recreational, social, religious, governmental, public hospital or educational purposes, but excludes a commercial, industrial or residential development.
“RESIDENTIAL SFA” means a single family dwelling on a 930 square meters or greater lot area.
“RESIDENTIAL SF B” means a single family dwelling on a 400 to 929 square meters lot area.
“RESIDENTIAL SF C” means a single family dwelling on less than 400 square meters lot area.
“RESIDENTIAL MF A” means 15 up to 44 dwelling units per hectare.
“RESIDENTIAL MF B" means 44 up to 74 dwelling units per hectare.
“RESIDENTIAL MF C” means 74 or greater dwelling units per hectare.
“SECONDARY SUITE” means a dwelling unit which is accessory to a single family residential use and is contained within the principal building.
2. For the purpose of designating different benefiting areas and its projects the
municipality is divided into sectors as indicated on the map attached hereto as
Schedule “A”, forming part of this Bylaw.
CHARGES: Amended Bylaw No. 1894 - Section 3
3. a. The applicable charges as set out in the following schedules attached hereto and forming part of this Bylaw, shall apply to all properties contained within the areas on the map attached hereto as Schedule "A":
i. Schedule "B" - Central Revelstoke / Resort Area Development Cost Charge Schedule
ii. Schedule "C" - Arrow Heights Area Development Cost Charge Schedule
iii. Schedule "D" - Big Eddy / Westside Road Area Development Cost Charge Schedule
b. 'Not for Profit' rental housing, including supportive living housing, shall receive a 50% reduction in the development cost charges for all properties contained within the area on the map attached hereto as Schedule "A".
CHARGING EVENTS: Amended Bylaw No. 1894 - Section 4
4. Every person who obtains:
(a) Approval of the subdivision of a parcel of land under the Land Title Act R.S.B.C. 1996 or the Condominium Act R.S.B.C. 1996; or
(b) A building permit authorizing the construction, alteration or extension of a building or structure on which development cost charges will be imposed pursuant to this bylaw shall pay to the municipality, prior to approval of the subdivision or the issuance of a building permit, the applicable development cost charges based on the sector in which the subdivision or building permit is to occur as set out in Schedule “A” and the Development Cost Charges set out in Schedule “B”, Schedule "C" and Schedule "D" attached hereto.
This includes a building permit authorizing the construction, alteration or extension of a building that will, after construction, alteration or extension contain fewer than 4 self contained dwelling units which will be put to residential use only.
5. Amended Bylaw No. 1894 - Section 5 As exceptions to Section 4 above, a particular development cost charge is not payable if:
(a) the development does not impose new capital cost burdens related to the particular development cost charge on the municipality, or
(b) the particular development cost charge has previously been paid for the same development and no new capital cost burdens will be imposed on the municipality related to that particular development cost charge as a result of further development, or
(c) the building permit authorizing 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) or 224(2)(f) of the Community Charter, or
(d) The value of the work authorized by the building permit does not exceed $100,000.
PAYMENT BY INSTALLMENTS: Amended Bylaw No. 1894 - Section 6
6. The developer may elect to pay Development Cost Charges imposed by the municipality, including when the charge is under $50,000, by installments, subject to the following:
a. an initial payment of 1/3 of the total Development Cost Charge shall be paid at the time of subdivision approval or granting of the building permit;
b. payment of 1/2 of the balance within one year after the date of the approval of the subdivision or granting of the building permit;
c. the balance payment within two years of the date of the initial payment;
d. where a developer elects to pay the charge by installments and fails to pay an installment within any time required for payment, the total balance of the charge becomes due and payable immediately;
e. no interest is payable on the unpaid balance of a Development Cost Charge until it becomes due and payable, but when it does, it is a condition of election under this section that interest is payable from that date until payment at the rate or rates prescribed under Section 11(3) of the Taxation (Rural Area) Act for the period of non-payment;
f. a developer electing to pay a Development Cost Charge by installments must deposit with the Director of Finance, in an amount of 2/3 of the total Development Cost Charge, at the same time as the payment of the first installment:
i. an irrevocable letter of credit or undertaking from a bank, credit union or a trust company registered under the Financial Institutions Act, or
ii. a bond of a surety licensed under the Insurance Act, or
iii. a security duly assigned
which ensures to the satisfaction of the Director of Finance that upon default the balance of the unpaid charge will be recoverable from the person, the bank, the surety or from the proceeds of the realization of the security, as the case may be.
NO REFUNDS OF CHARGES PAID: Amended Bylaw No. 1894 - Section 7
7. Under no circumstances shall any charges collected pursuant to this Bylaw be refunded. When an approved subdivision plan is not deposited or no construction is commenced pursuant to an approved building permit, charges collected shall be credited towards charges payable for that parcel on a future charging event.
8. THAT this Bylaw may be cited for all purposes as the “City of Revelstoke
Development Cost Charge Bylaw No. 1781”.
9. THAT this Bylaw shall take effect upon the date of its adoption by Council.
READ A FIRST TIME THIS 27th DAY OF JUNE, 2005.
READ A SECOND TIME THIS 8th DAY OF AUGUST, 2005.
READ A THIRD TIME THIS 19th DAY OF SEPTEMBER, 2005.
RECEIVED THE APPROVAL OF THE INSPECTOR OF MUNICIPALITIES THIS 2nd DAY OF NOVEMBER, 2005.
ADOPTED BY CITY COUNCIL THIS 14th DAY OF NOVEMBER, 2005.
Director of Corporate Administration
Mayor
Certified a true copy, this day of . .
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CITY OF REVELSTOKE
DEVELOPMENT COST CHARGES IMPOSITION
Bylaw No. 1781
SCHEDULE “A”
(579KB PDF Format) SCHEDULE “B”
(9KB PDF Format) SCHEDULE “C”
(9KB PDF Format) SCHEDULE “D”
(8KB PDF Format)
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