Town bylaw 1015: Bylaw No. 1015, 2022 Development Cost Charges

TOWN OF PRINCETON

BYLAW NO. 1015, 2022

A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES

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 Cost Recovery;

AND WHEREAS in the consideration of Council, development cost charges may be imposed for the purpose of providing funds to assist the Town in paying the capital cost of providing, constructing, altering or expanding water, supply, sanitary sewer, highway facilities, and providing and improving parkland, to service, directly or indi rectly, 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:

a) future land use patterns; and

b) capital projects consistent with the Town’s Official Community Plan, and projects included in the Five-year Financial Plan and various other infrastructure planning documents.

NOW THEREFORE the Council of the Town of Princeton, in open meeting assembled, hereby enacts as follows: Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 2

1. Title

This bylaw may be cited for all purposes as “Development Cost Charge Bylaw No. 1015, 2022”.

2. Interpretation

In this bylaw:

“Assisted Living Housing” means a care facility that combines private living quarters with centralized dining services, shared living spaces, and access to social and recreational activities. Assisted living housing usually provides supportive services like meals and housekeeping i n additional to rental accommodation.

“Building” means a structure used or intended for supporting or sheltering any use or occupancy by persons, animals or property and which is permanently affixed to the land.

“Carriage Suite” means a self-contained dwelling that is separate, subordinate in size, and accessory to the principal dwelling on the same lot.

“Commercial” means a building or portion of a building used for any retail, tourist accommodation, personal or professional service, entertainment or re creational use, or other permitted use in the Town’s Zoning Bylaw.

“Dwelling Unit” means one or more habitable rooms constituting one self - contained unit which has a separate entrance, and which contains washroom facilities, and not more than one set of cooking facilities (unless a secondary suite is permitted in the applicable zone), and which is designed to be used for living and sleeping purposes.

“Gross Floor Area” means the combined area of all floors within a building, including any basement or cel lar, measured to the inside surface of the exterior walls of the building, but excluding areas used only for vehicle parking, elevator shafts, stairwells and heating and ventilating fixtures, and crawl spaces less than 1.5 metres in height.

“High Density Residential” means a land use containing three or more dwelling units having a density greater than forty (40) dwelling units per hectare of lot area or an assisted living facility unit.

“Industrial” means a building used or intended for industrial purposes as permitted under the Industrial and Business Park categories of the Town’s Zoning Bylaw.

“Institutional” means a building used or intended for non -profit recreational, social, religious, governmental, public hospital, care facility o r educational purposes, as permitted under the Town’s Zoning Bylaw but excludes an assisted living facility. Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 3

“Low Density Residential” means a subdivision under the Land Titles Act or the Strata Property Act or a mobile home park for the purpose of creating parcels or spaces that may be used for residential occupancy and has an overall density up to but not greater than fifteen (15) units per hectare.

“Medium Density Residential” means a multiple -family dwelling unit, dwelling unit in a manufactured / mobile home park or strata development in a zone allowable within a designated Medium Density Residential (MR) area in the Official Community Plan; or Zoning Bylaw.

“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.

Official Community Plan means the Town of Princeton Official Community Plan.

“Secondary Suite” means a self-contained dwelling unit located within a principal single family dwelling accessory to the principal dwelling used or intended to be used as a residence, with self -contained sleeping, living, cooking and sanitary facilities and direct access to the open air without passage through any portion of the principal dwe lling unit. A secondary suite does not include duplex housing, townhouses or apartments.

“Subdivision” means a subdivision under the Land Title Act or the Strata Property Act.

“Town” means the Town of Princeton.

“Zone” means a zone as set out in the Town of Princeton Zoning Bylaw.

“Zoning Bylaw” means the Town of Princeton Zoning Bylaw No. 880, 2013 as amended from time to time.

3. Charges

3.1 Development cost charges are hereby imposed on every person who obtains:

a) approval of a subdivision; or

b) a building permit authorizing the construction, alteration or extension of a building:

who shall pay to the Town the development cost charge in the amounts set out in Schedules A to D which are attached to and form part of this bylaw. The development cost charge shall be paid in full prior to approval of a subdivision or issuance of a building permit, as the case may be. Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 4

3.2 All charges imposed by this bylaw may be paid by instalments in accordance with

B.C. Reg. 166/84 to the Local Government Act, being the Development Cost Charges (Instalments) Regulation.

3.3 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.

3.4 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.

4. Exemptions

No charge is payable under Section 3 of this bylaw where:

4.1 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; and

4.2 The value of the work authorized by the building permit does not exceed $50,000

or any other amount prescribed by regulation under the Local Government Act.

5. Repeal

On the Effective Date of this Bylaw, the “Development Cost Charge Bylaw No. 552, 1991” and all amendments are hereby repealed. . Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 5

6. Effective Date

THAT this Bylaw shall take effect upon the date of its adoption by Council. READ a first time this 7th day of February 2022. READ a second time this 7th day of February 2022.

PUBLIC CONSULTATION PERIOD WAS HELD from February 7th, 2022 to March 14th, 2022. READ a third time this 21st day of March 2022. RESCINDED third reading this 25th day of April 2022 READ a third time as amended this 25th day of April 2022. APPROVED by the Inspector of Municipalities this 4th day of May 2022.

FINALLY ADOPTED this 16th day of May 2022.

Mayor Corporate Administration Officer Original signed by Mayor Coyne Original signed by CAO Thomas Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 6

SCHEDULE A

DEVELOPMENT COST CHARGES FOR WATER SUPPLY

1. Development Cost Charges are payable for Water Supply as follows:

Class of Development Development Cost Charge a) Low Density Residential $1,756 per dwelling unit b) Medium Density Residential $1,672 per dwelling unit c) High Density Residential, Garden Suite, Carriage House, Secondary Suite $1,254 per dwelling unit d) Commercial $10.87 per square meter of gross floor area e) Industrial $4.18 per square meter of gross floor area f) Institutional $9.20 per square meter of gross floor area

2. The assist factor for water supply is 1%.

Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 7

SCHEDULE B

DEVELOPMENT COST CHARGES FOR SANITARY SEWER

1. Development Cost Charges are payable for Sanitary Sewer as follows:

Class of Development Development Cost Charge a) Low Density Residential $6,231 per dwelling unit b) Medium Density Residential $5,934 per dwelling unit c) High Density Residential, Garden Suite, Carriage House, Secondary Suite $4,451 per dwelling unit d) Commercial $38.57 per square meter of gross floor area e) Industrial $14.84 per square meter of gross floor area f) Institutional $32.64 per square meter of gross floor area

2. The assist factor for sanitary sewer is 1%.

Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 8

SCHEDULE C

DEVELOPMENT COST CHARGES FOR MUNICIPAL ROADS

1. Development Cost Charges are payable for Municipal Roads as follows:

Class of Development Development Cost Charge a) Low Density Residential $1,450 per dwelling unit b) Medium Density Residential $938 per dwelling unit c) High Density Residential, Garden Suite, Carriage House, Secondary Suite $881 per dwelling unit d) Commercial $9.95 per square meter of gross floor area e) Industrial $3.13 per square meter of gross floor area f) Institutional $12.79 per square meter of gross floor area

2. The assist factor for municipal roads is 1%.

Bylaw No. 1015, 2022 A Bylaw to Impose Development Cost Charges Page 9

SCHEDULE D

DEVELOPMENT COST CHARGES FOR PARKS

1. Development Cost Charges are payable for Parks as follows:

Class of Development Development Cost Charge a) Low Density Residential $276 per dwelling unit b) Medium Density Residential $263 per dwelling unit c) High Density Residential, Garden Suite, Carriage House, Secondary Suite $197 per dwelling unit d) Commercial $0.00 per square meter of gross floor area e) Industrial $0.00 per square meter of gross floor area f) Institutional $0.00 per square meter of gross floor area

2. The assist factor for parks is 1%.