TITLE: BY-LAW NO. 7175 DEVELOPMENT CHARGES PRESENTER: Heather Ewasiuk, City Clerk DEPARTMENT: City Clerk s Office ATTACHMENTS: 1. By-law No. 7175 with proposed amendments 2. Supplementary Report Public Hearing CLEARANCES: DATE: October 5, 2017 APPROVALS: Original Signed By Original Signed By H. Ewasiuk Oct. 6, 2017 R. Sage Oct. 6, 2017 Department Head Date A/City Manager Date SUMMARY OF HISTORY/DISCUSSION: City Council, at its meeting held June 19, 2017, gave first reading to By-law No. 7175 to establish a Development Charge By-law in order to collect fees to help fund drainage, water, sewer and transportation infrastructure required for new city growth. Administration facilitated a comprehensive public consultation program with respect to the by-law, seeking feedback from community stakeholders and industry representatives. A Public Hearing was held on September 11, 2017 to hear representation with respect to the imposition of the development charges in the City of Brandon. In response to the input received at the public hearing, Administration is recommending a number of amendments to the by-law to further clarify same and to allow the development industry additional time to adjust to the charges. The proposed changes and purposes are outlined in the attached report from the Chief Planner dated October 6, 2017. The amendments will clarify when portions of the charges will be imposed and proposes the by-law become effective on July 1, 2018. RECOMMENDATIONS: That By-law No. 7175, to adopt Development Charges, be amended by: (a) (b) (c) (d) (e) deleting in the definition of DWELLING, ROW HOUSE, the words may or may not and substituting therefor the word: shall ; adding to the definition of SITE, the words: or a bareland condominium unit in a registered plan of condominium ; deleting in sections 9, 12. (a), (b)(2), 14. (d)(2) and 22 the words: development permit under the Zoning By-law or ; deleting in subsection 12. (b)(1) the words: prior to the issuance of a certificate of approval; and ; adding the following as subsection 12. (b) (2): developer or agent, as a condition of rezoning a site under the Planning Act; and due upon entering into agreement with the municipality; and ;
TITLE: BY-LAW NO. 7175 DEVELOPMENT CHARGES Page 2 of 2 (f) (g) (h) (i) (j) (k) adding in sections 13 and 22 the words: water and wastewater immediately prior to the word: treatment ; deleting subsection 13. (g) in its entirety and substituting the following therefor: the net developable area development charges shall only apply to the portion of a site which is being intensified or densified as a result of a subdivision or rezoning application. ; deleting in section 14 the words: or structure existing on a site, and the net development site area being and multiplied by the development charge in place at the time the development is payable and adding the words: that have or will be immediately after the words: according to type ; deleting in section 15 the words: based on previous payments made and substituting therefor the words: when previous payments made exceed the net he tare development agreement charges. ; deleting section 16 in its entirety; and deleting in section 28 the word: January and substituting therefor the word: July. That By-law No. 7175, as amended, be read a second time.
BY-LAW NO. 7175 BEING A BY-LAW of The City of Brandon to establish development charges and to be known as the Development Charges By-law. WHEREAS The Planning Act, Section 143, provides that a Council may, by by-law, set the levies to be paid by applicants to compensate the municipality for the costs specified in the by-law that may be incurred by the subdivision of land; AND WHEREAS The Municipal Act, Sections 232(2) and 311, provides that the Council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased needs for services; AND WHEREAS the charges imposed by this Bylaw are related to capital costs attributable to projects included in the capital budget and to capital projects consistent to service designated lands in the Brandon and Area Planning District Development Plan; NOW THEREFORE, the Council of The City of Brandon, duly assembled, enacts as follows: 1. DEFINITIONS In this by-law: PART I: DEFINITIONS ACT means The Municipal Act, C.C.S.M. c.m225 and amendments thereto. ACCESSORY USE means an activity customarily incidental, related, appropriate and clearly subordinate to the principal use of the site or building. BENEFITING AREA means an area defined by a map, plan or legal description in a frontending agreement as an area that will receive a benefit from the construction of a service. BUILDING CODE ACT means The Buildings and Mobile Homes Act, C.C.S.M, c. B93 and current amendments or any successor thereto. CAPITAL COST means costs incurred or proposed to be incurred by the municipality to (a) acquire land or an interest in land, including a leasehold interest; (b) improve land; (c) acquire, lease, construct or improve buildings and structures; (d) acquire, construct or improve facilities including (1) furniture and equipment, and (2) rolling stock; and (e) undertake studies in connection with any of the matters in clauses (a) through (d), including the development charge background study required for the provision of services designated in this by-law within or outside the City of Brandon, including interest on borrowing for those expenditures under clauses (a) through (d) that are growth-related. COUNCIL means the Council of the City of Brandon. DENSITY, LOW means detached, semi-detached, duplex and row house dwellings. DENSITY, HIGH means multiple dwellings. DEVELOPMENT means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof, and includes redevelopment. DEVELOPMENT CHARGE means a charge imposed with respect to this by-law. DEVELOPMENT AGREEMENT means an agreement between a landowner and the municipality relative to the provision of municipal services to specified lands within the City of Brandon. DWELLING, DETACHED means a building containing only one (1) dwelling unit and includes a mobile or modular home. DWELLING, DUPLEX means a building containing two (2) dwelling units with both dwelling units occupying the same site. DWELLING, MULTIPLE means a building containing three (3) or more dwelling units, other than a row house dwelling.
Development Charges By-law No. 7175 Page 2 DWELLING, ROW HOUSE means a building with three (3) or more dwelling units joined side by side (or occasionally side to back), such as a townhouse, but not having any other dwellings either above or below. Each unit may or may not shall occupy its own site. DWELLING, SEMI-DETACHED means a building containing two (2) dwelling units with each dwelling unit occupying its own site. DWELLING UNIT means one (1) or more rooms in a building designed for one (1) or more persons as a single housekeeping unit, with cooking, eating, living, sleeping and sanitary facilities. FLOOR AREA means the sum of the gross horizontal areas of all the storeys and basements of all buildings and structures on a site, measured from the exterior face of the exterior walls or from the centreline of party walls. GROWTH AREA, EMERGING means the areas identified as such in Schedule C of this by-law. GROWTH AREA, ESTABLISHED means the areas identified as such in Schedule C of this by-law. LOCAL SERVICES means those services, facilities or things that are under the jurisdiction of the municipality and are related to a plan of subdivision or within the area to which the plan relates in respect of the lands under Section 135 of The Planning Act. MIXED USE means a building or structure of any kind whatsoever used, designed or intended to be used for a mix of residential and non-residential uses. MOBILE HOME means a portable dwelling unit which is designed or used for residential occupancy, built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has at any time such wheels attached, or is jacked up or skirted, and which conforms to the structural standards of The Buildings and Mobile Homes Act, C.C.S.M. C. B93 and amendments thereto. MODULAR HOME means a portable dwelling unit similar to but distinct from a mobile home, in that it may be folded, collapsed or telescoped when in tow, whose chassis is not designed to accommodate wheels, but which may be extended for additional space. MUNICIPALITY means the municipal corporation known as The City of Brandon. NET DEVELOPABLE AREA means the area of land in hectares, excluding all lands for (a) public or school reserves, (b) public streets, (c) private roads, (c) land for municipal services, and (d) land not suitable for building sites as defined in The Planning Act. NETWORK INFRASTRUCTURE means that infrastructure which is necessary to support planned growth within emerging growth areas, and includes transportation, water distribution, wastewater distribution, and drainage infrastructure. NON-RESIDENTIAL USE means a building or structure of any kind whatsoever used, designed or intended to be used for other than a residential use and includes all commercial, industrial and institutional uses. OWNER means as defined in The Planning Act PLANNING ACT, THE means The Planning Act, C.C.S.M. c.p80 and amendments thereto. REGULATION means any regulation made pursuant to the Act. RESIDENTIAL USE means land, buildings or structures of any kind whatsoever used, designed or intended to be used as living accommodations for one (1) or more individuals. SERVICES (or SERVICE ) means those services designated in Schedule A to this bylaw. SITE means an area of land that is a whole lot or block in a registered plan of subdivision, or the aggregate of all contiguous land described in a single certificate of title, or a bareland condominium unit in a registered plan of condominium.
Development Charges By-law No. 7175 Page 3 TREATMENT means that infrastructure which is necessary to support planned growth within established and emerging growth areas, and includes water treatment and wastewater treatment infrastructure. ZONING BY-LAW means the City of Brandon Zoning By-law. PART II: DESIGNATION OF SERVICES 2. The categories of services for which development charges are imposed under this by-law are as follows: (a) Treatment - Wastewater (b) Treatment - Water (c) Network Infrastructure - Transportation (d) Network Infrastructure - Wastewater (e) Network Infrastructure - Water (f) Network Infrastructure - Drainage 3. The components of the services designated in Section 2 of this by-law are described in Schedule A of this by-law. PART III: USE OF DEVELOPMENT CHARGE FUNDS 4. The funds collected by the development charges: (1) will be used to fund services required for planned growth; and (2) will be placed in six separate reserve funds in accordance with the designated servicing categories in Section 2. 5. Council shall include the services identified for growth in the 10-year capital budget. 6. The timing for constructing the services identified for growth in the 10-year capital budget shall be determined by The City of Brandon Growth Strategy. 7. Council shall approve the services for planned growth in the annual financial plan. 8. Area to Which Charge Applies PART IV: ESTABLISHED AREA CHARGE Development charges for treatment as per Schedules B-1 of this by-law and in the annual City of Brandon Fee Schedule By-law apply to all lands within the Established Growth Area in the City of Brandon as shown in Schedule C to this by-law. 9. Time of Payment of Development Charges Development charges for water and wastewater treatment shall be imposed on the builder or agent at the issuance of a development permit under the Zoning By-law or a building permit under the Building Code Act. 10. Amount of Charges (a) (b) (c) (d) The development charges for water and wastewater treatment shall be imposed on residential buildings and calculated with respect to each of the services according to the type of residential unit. The development charges for water and wastewater treatment shall be imposed on non-residential buildings and calculated with respect to each of the services according to the floor area of the non-residential buildings. The development charges for water and wastewater treatment shall be imposed on mixed use buildings and calculated with respect to each of the services according to: (1) the type of residential units; and (2) the floor area of non-residential buildings. The development charges shall not apply to residential accessory buildings. 11. Area to Which Charge Applies PART V: EMERGING AREA CHARGE (a) Development Charges for treatment and network infrastructure charges as per Schedule B-2 of this by-law and in the annual City of Brandon Fee Schedule Bylaw apply to the Emerging Growth Area in the City of Brandon as shown in Schedule C to this by-law.
Development Charges By-law No. 7175 Page 4 (b) Any lands annexed into The City of Brandon and designated for development in The Brandon and Area Planning District Development Plan shall be included in the Emerging Growth Area. 12. Time of Payment of Development Charges Development charges will be imposed at the following times: (a) (b) (c) Development charges for water and wastewater treatment will be imposed on the builder or agent at the issuance of a development permit under the Zoning By-law or a building permit under the Building Code Act. Development charges for network infrastructure will be imposed on the: (1) Developer or agent, as a condition of approval for a Plan of Subdivision or a Plan of Condominium under The Planning Act, and due upon entering into agreement with the municipality prior to the issuance of a certificate of approval; and or (2) Developer or agent, as a condition of rezoning a site under the Planning Act; and due upon entering into agreement with the municipality; and (3) Builder or agent, at the issuance of a development permit under the Zoning Bylaw or building permit under the Building Code Act. If the portion of the network infrastructure development charges payable at the time of subdivision was not payed, the subdivision portion of the network charges will be payable in addition to the development/building permit portion of the charge by the builder or agent, at the issuance of a development permit under the Zoning Bylaw or building permit under the Building Code Act. 13. Amount of Charges Treatment (a) (b) (c) The development charges for water and wastewater treatment shall be imposed on residential buildings and calculated with respect to each of the services according to the type of residential unit. The development charges for water and wastewater treatment shall be imposed on non-residential buildings and calculated with respect to each of the services according to the floor area of the non-residential buildings. The development charges for water and wastewater treatment shall be imposed on mixed use buildings and calculated with respect to each of the services according to: (1) the type of residential units; and (2) the floor area of non-residential buildings. Network Infrastructure (d) (e) (f) (g) (g) The development charges for network infrastructure shall be imposed on residential uses of lands or buildings and calculated with respect to each of the services according to: (1) the type of residential units; and (2) the net developable area of the site. The development charges for network infrastructure shall be imposed on nonresidential uses of lands or buildings and calculated with respect to each of the services according to: (1) the floor area of non-residential buildings; and (2) the net developable area of the site. The development charges shall not apply to residential accessory buildings. The net developable area development charges shall not apply to: (1) any site or portion of a site which is previously developed; and (2) any portion (area) of a subdivision which is not being intensified or densified as a result of the subdivision. The net developable area development charges shall only apply to the portion of a site which is being intensified or densified as a result of a subdivision or rezoning application.
Development Charges By-law No. 7175 Page 5 PART VI: REDUCTION OF DEVELOPMENT CHARGES 14. Notwithstanding any other provision of this by-law, where a building or structure existing on a site was or is to be demolished in whole or in part, or converted from one principal use to another principal use, within sixty (60) months prior to the date of payment of development charges as a result of redevelopment, the development charges otherwise payable with respect to such redevelopment shall be reduced by the following amounts: (a) (b) (c) (d) In the case of a residential building, an amount calculated by multiplying the applicable development charges by the number of dwelling units according to type and the net developable site area being that have been or will be demolished or converted to another principal use. multiplied by the development charge in place at the time the development is payable; In the case of a non-residential building, an amount calculated by multiplying the applicable development charges by the floor area of the building, and the net developable area being that have or will be demolished or converted to another principal us. multiplied by the development charge in place at the time the development is payable; In the case of a mixed use building or structure, an amount calculated by multiplying the applicable development charges by the floor area of the non-residential use and by the number of residential units according to type, and the net developable site area being that have or will be demolished or converted to another principal use. multiplied by the development charge in place at the time the development is payable; The sum of reductions calculated in subsections 14. (a) through (c) of this by-law shall: (1) not exceed the amount of the development charges otherwise payable with respect to the redevelopment; and (2) be applied prior to the issuance of a development permit under the Zoning Bylaw or a building permit under the Building Code. PART VII: TRANSITIONAL RULES 15. Developments with development agreements executed with the municipality prior to this by-law coming into force are exempt from this by-law until January 1, 2021. Following this date, developments shall be subject to the charges in this by-law. These developments shall receive a credit based on previous payments made. when previous payments made exceed the net hectare development agreement charge. 16. Developments that have received conditional approval for a subdivision at or by the date of this by-law coming into force shall have six (6) months to execute a development agreement, upon which the development shall be subject to the rules detailed in section 15. Failure to execute a development agreement with the municipality will result in the development being subject to the rules and charges in this by-law. PART VIII: PAYMENT BY SERVICES 16. Notwithstanding the payments required, Council, by agreement, may give a credit towards a development charge in exchange for work constructing services identified for planned growth in the 10-year capital budget. PART IX: INDEXING 17. Development charges imposed pursuant to this by-law will be indexed, annually, in accordance with Statistics Canada s Construction Price Indexes (New Housing). 18. The annual indexed percentage increase (or decrease) for the six individual development charges shall be equal to the previous year s percentage increase (or decrease) for the City of Winnipeg. The indexed development charges for the new year will become effective January 1 st in the annual City of Brandon Fee Schedule By-law. PART X: CONSULTATIONS 19. At a minimum, City Administration shall consult with development and building industry representatives prior to recommending any amendments to this by-law regarding the application, administration or the amount of development charges.
Development Charges By-law No. 7175 Page 6 20. Before amending the application, administration or the amount of development charges in this by-law, Council must hold a public hearing and give notice at least fourteen (14) days before the hearing. PART XI: COMPLAINTS AND APPEALS 21. Development Charges for network infrastructure imposed on the developer as a condition of approval for a Plan of Subdivision or a Plan of Condominium under The Planning Act may be appealed as per any other condition of subdivision following the process set forth in The Planning Act. 22. Development Charges for network infrastructure or water or wastewater treatment imposed on the builder at the issuance of a development permit under the Zoning By-law or a building permit under the Building Code Act may be appealed to the Planning Commission. 24. The appeal shall: (a) be in writing; (b) include a fee as identified in the annual City of Brandon Fee Schedule By-law; and (c) be filed in writing to the municipality within seven (7) days after being notified of the charge; and (d) include the reason for the appeal, indicating that: (1) the amount of the charge was incorrectly determined; (2) the reduction to be used against the development charge was incorrectly determined; or (3) there was an error in the application of the development charge. 25. The Planning Commission shall: (a) fix a date, time and place for the appeal hearing; and (b) at least fourteen (14) days prior to the hearing, send notice of the hearing to the appellant. 26. The decision of the Planning Commission is final. PART XII: SCHEDULES 27. The following schedules of this by-law form an integral part thereof: Schedule A - Schedule B-1 - Schedule B-2 - Schedule C - Designated Services under This By-law Schedule of Development Charges Established Growth Area Schedule of Development Charges Emerging Growth Area Map of Established and Emerging Growth Areas PART XIII: ENACTMENT AND REVIEW 28. This by-law shall come into full force and take effect January July 1, 2018. 29. The rates in this by-law shall be reviewed every three (3) years. 30. The rate review shall include an update to the water, wastewater, drainage and transportation infrastructure required to service the designated lands for development in The Brandon and Area Planning District Development Plan at full buildout. DONE AND PASSED by the Council of The City of Brandon duly assembled this day of A.D. 2017. MAYOR CITY CLERK Read a first time this 19 th day of June A.D. 2017. Read a second time this day of A.D. 2017. Read a third time this day of A.D. 2017.
Development Charges By-law No. 7175 Page 7 SCHEDULE A OF DEVELOPMENT CHARGES BY-LAW NO. 7175 DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW Municipal-wide Services (1) Treatment Wastewater Municipal Pre-Treatment Facility Industrial Wastewater Treatment Facility (2) Treatment Water Municipal Water Treatment Facility (3) Network Infrastructure - Transportation Construction of Street Infrastructure o Arterial Streets o Collector Streets Intersection Improvements o Signalization o Roundabouts (4) Network Infrastructure - Water Linear Infrastructure Water Distribution Network (5) Network Infrastructure - Wastewater Linear Infrastructure Lift Stations Forcemains Wastewater Distribution Network (6) Network Infrastructure - Drainage Storm Sewers Major Retention Facilities
Development Charges By-law No. 7175 Page 8 SCHEDULE B OF DEVELOPMENT CHARGES BY-LAW NO. 7175 Schedule B-1 By-law No. 7175 Schedule of Development Charges (2018 rates) Established Growth Area Service Residential DC (per unit) Non-residential DC (per Sq. Ft.) Low Density High Density Treatment Wastewater 423 274-0.24 Water 331 214-0.19 Total 754 488-0.43 Schedule B-2 By-law No. 7175 Schedule of Development Charges (2018 rates) Emerging Growth Area Service Residential DC (per unit) Low Density High Density Non-residential DC (per Sq. Ft.) DC Per Net Hectare (Residential and Non- Residential) Treatment Wastewater 423 274 0.24 - Water 331 214 0.19 - Subtotal Treatment 754 488 0.43 - Network Infrastructure Transportation 830 537 0.47 19,590 Wastewater 1,280 828 0.73 30,218 Water 403 261 0.23 9,510 Drainage 118 76 0.07 2,776 Subtotal Network 2,631 1,702 1.50 62,093 Total 3,385 2,190 1.93 62,093
Development Charges By-law No. 7175 Page 9 SCHEDULE C OF DEVELOPMENT CHARGES BY-LAW NO. 7175 MAP OF ESTABLISHED AND EMERGING GROWTH AREAS
TITLE: SUPPLEMENTARY REPORT TO CITY COUNCIL DEVELOPMENT CHARGES BY-LAW NO. 7175 PRESENTER: Ryan Nickel Page 1 of 2 DEPARTMENT: Planning, Property & Buildings CLEARANCES: Original Signed By R. Nickel Chief Planner ATTACHMENTS: DATE: October 6, 2017 APPROVALS: Original Signed By Original Signed By A. Vielleux Oct. 11, 2017 R. Sage Oct. 12, 2017 Director of Planning, Property & Buildings Date A/ City Manager Date REQUEST: City Council held a public hearing on September 11, 2017 to receive feedback on a Development Charges By-law. Council and Administration reviewed all of the input received during the public hearing and consultation process and are recommending edits. The edits intend to bring clarity to the by-law and allow the development industry additional time to adjust to the charges. PROPOSED EDITS: Proposed Edit Rowhouse and site definitions Defines a rowhouse as a unit which occupies its own site and includes barlenad condominiums. Time of payment portion of network charge due at the issuance of a building permit. Time of payment portion of network charge due at the development agreement stage may be imposed as a condition of subdivision or rezoning. Purpose/Notes Clarifies that a low density unit charge is applied only to rowhouses located on separate titles or bareland condo units. Clarifies that the portion of the network charge due at the time of permit is at the issuance of a building permit (not a development permit) The option of imposing the charge as a condition of rezoning removes the potential for the full network charge to be applied at the time of permit. DC 2 nd Reading Supplementary Report By-law No. 7175
TITLE: SUPPLEMENTARY REPORT DEVELOPMENT CHARGES Page 2 of 2 Enactment The by-law shall come into force and effect July 1, 2018. Enacting the by-law six (6) months into 2018 (July 1 st ) will allow additional time for the development industry to adjust Removes need for clause which allows for six months to execute previous development agreements Status quo process for off-sites will still apply (i.e. site specific agreements at the development agreement stage) RECOMMENDATIONS: 1. That Development Charge By-law No. 7175 include the following minor edits in accordance with Attachment A : a. That a row house dwelling shall occupy its own site, which includes dwellings located on separate titles or bareland condo units; b. That the portion of the network charge due at the time of permit is at the issuance of a building permit; c. That the portion of the network charge due at the time of development agreement may be imposed as a condition of rezoning; and d. That the by-law shall come into force and effect July 1, 2018. 2. That the by-law, as edited, be read a second time. DC Public Hearing-2nd Reading - Supplementary Report By-law No. 7175