M r Village of Lumby DEVELOPMENT COSTCHARGESIMPOSITIONBYLAW WHEREASpursuant topart 26: Division10 of the LocalGovernment in anyway- con I(lr>t44, wwlal: Act, R.S.B.C. 1996, c.323 and the Regulations passed pursuant thereto, the Council of the Village of Lumby may, by by~ law, impose development cost charges under and by virtue of the terms and conditionsas provided forand set out in the Section and Regulations aforesaid; AND WHEREASthe development cost charges may be imposed for the sole purpose of providing fundsto assist the Villagein paying the capital cost of providing,altering, or expanding sewage, water,stormwater management and -highwayfacilitiesand publicopen space or anyof them, in order to serve.directly or indirectly, the development in respect of whichthe charges are imposed;., AND WHEREAS in the consideration of the Councilof the Village of Lumby, the charges Imposed bythis Bylaw: (a) are not excessive in relationtothecapital cost of prevailing standards of service inthe Village; (b) willnot deter development in the Village; d t uecow tg?rgieglnel, unaltered (o) will not discourage the constructionof reasonably priced housing or the provision of reasonably priced serviced land; AND WHEREAS in the opinion of Council thecharges imposed by this by lawhave taken into considerationfuture land use patterns, and development,the phasing of works and services and the provision and development of park - described in the OfficialCommunityPlan. ffrow nn I ;=iaa.= e< NOW THEREFORE,the Council of the Villageof Lumby. in open meeting assembled, ENACTS AS FOLLOWS:. TITLE This bylaw maybe citedforall purposes as "Villageof LumbyDevelopmentCost Charge imposition Bylaw,No. 740, 2012". _ 2. IMPOSITIONOF CHARGES Every person who obtains: (a) approval of a subdivision of aparcel of land under the Land Title Actor the Strata " Property Act; or
Village of Lumby, - DEVELOPMENTCOSTCHARGESIMPOSITION BYLAW Bylaw No. 740, 2012 (b) a building permit to authorize the construction, alteration, or extension of a building or structure, includingwithout limitation,a building permit to authorize the construction, alteration or extension of a building that will, after the constructionạlteration or extension, containfewer than four seif contalned dwelling units; for a property located withinthe Village,shall pay to the Village,a the time of the approval of the subdivision, or the issue of the buildingpermit, as the case may be, the applicable development cost charges, in the amounts as set out in ScheduleB, formingpart of this Bylaw. Despite Section 2, if an application for approval of subdivisionor for issue of a building permit is received by the Villagepriorto adoptionof this Bylawand; (a) all applicable fees are paid; (b) the application meets the requirements of the Village's Zoning Bylaw and - Development Bylawor BuildingBylaw, as the case may be; and (c) subdivision approval is granted within12 months of the dateof adoption of this Bylaw or the buildingpermit is issued withinsixmonths of the date of application; then, the development cost charge rates applicable at the time of application shallbe payable under Section. 3 unless the developer requests in writingthe application of the new bylaw, upon which the rates applicable under this Bylawwillapply. 3. EXENlPTlONFROMCHARGES 8.1 Charges are not payable if:.(a) (b) the Building Permit authorizes the construction, alteration or extension cfla building or part of a buildingthat is, or willbe, after the construction,alterationor extension,exempt fromtaxation under section 220(1)(h)or Section 224(2)(t)of the ' Community Charter; the value of the workauthorizedby a Building Permitdoes not exceed $50,000 or such other amount as the Ministermay, by regulation, prescribe; (c.) the Development does not impose new capital cost burdens on the Village;or
' \ - Villageof Lumby DEVELOPMENT COSTCHARGES IMPOSITION BYLAW (d) a development cost charge has previously been paid with respect to the same development, unless, as a result of a further subdivision or development, new capital cost burdenswillbe imposed on the Village. 4. PAYMENT OF CHARGES 4.1 Subject to Section 4.2 development cost charges imposed under thisbylaw must be paid infullto the Village as follows: (a) _ immediately before the approval of the final plan of Subdivisionby the Approving Officerwherethe Subdivision creates Single Family ResidentialUse or Two Family ResidentialUse parcels or bars land strata lots under_thestrata Property Act or (b) For all other types of Development to which this Bylaw applies, immediately before the issuance of a BuildingPermitfor the development by the Village. 4.2 Development cost charges that would otherwise be payable In full at the timeindicated in Section 4.1 may be payable in instalments provided that the Minister has, by Regulation made pursuant to Section 933(6) of the Local Government Act, authorized the payment of the development cost charges in instalments and prescribed the conditions underwhloh such instalmentsmay be paid. 5. The Development Cost Charges imposed pursuant to this Bylaw on residential developments, shall be credited one_ dwelling unit for each existing fully serviced dwelling unit that existed prior to the subdivisionapproval or issuance of buildingpermit, where applicable. 6. Where a developer is required to provide, or pay to provide, a speci?c service or part of a service, outside the boundariesof land being subdividedor developed; and the cost of the service is includedin the calculationsused to determine the amount of Development Cost Charges imposed pursuant to this Bylaw, then the cost of providing the service shall be deducted from the class of Development Cost Charges applicable to the subdivisionor development for the particular service, as set out in the Schedule B, the amount of which shall not exceed the lowerof the two followingamounts: a) the amount of Development Cost Charges as indicated in the column entitled DOC Oversize Amount" in the Villageof Lumby Development Cost Charge Report" dated Septermber information Document for the 2012 Development Cost Charge Program as amendedfrom time to time;or 12, 2012 which forms part of the Supplementary
Village of Lumby = DEVELOPMENTCOSTCHARGESIMPOSITIONBYLAW b) the amount of Development Cost Charges calculated for the subdivision or buildingproject pursuant to the provisionsof this Bylawfor the particular classof service. 7. Development Cost Charge Bylaw No. 311, 1981 and all amending bylawsthereto are. hereby repealed. THIS BYLAWmay be cited as DeveiopmentCost Charges ImpositionBylawNo.740, 2012 READA FIRST TIMEthis 17 day of September 2012 READA SECOND TiME this 19" day of November 2012 READ A THIRDTIMEthis 19" day of November 2012 APPROVED BYTHE MiNiSTRYOF Q,lMMUNlTY SPORT ANDCULTURAL this 2_g DEVELOPMENT _ day or 1rggmgL 20i_5 - ADOPTED this i37" day of E58:/M91 C 20 I3 X/w Mayor, W Corporate Officer
' Villageof Lumby DEVELOPMENT COSTCHARGES IMPOSITION BYLAW BylawNo. 740, 2012 SCHEDULE A DEFINITIONS In this Bylaw: APPROVINGOFFICER means the approvingofficeras appointedby the Village from time to time; VILLAGE means the Village oflumhy; COMMERCIAL means an area designated as a commercialzone or commercial componentin the Village s current Zoning Bylaw;. CONGREGATECARE means an apartment residentialuse for elderlycitizensin conjunction with a commonresidentdiningroom and appropriately sized kitchen facilities, social and recreationalareas; includesa dwellingunitfor a Resident Manager, a hairdressingsalon and gift shop for theuse of residents; upwelling UNIT or" DU means oneor more habitableroomsdesigned,occupied or intended for use as residentialaccommodationwheresuchroomor roomstogether containor provide for the installation of only one set of cooking facilities. GROSS DENSITY AREA meansthe gross area of the parcel or parcels to be improved excludingpark areas dedicatedto the Village, and covenantedareas that are deemedby the Approving Officer to be un~developahledue to geotechnical and environmentalconcerns; CROSS FLOOR AREA"or GFA means the totalarea of all storeys in all buildings on a lotrneasuredto the outsideof the exteriorwallsof the building,excluding area used for vehicleparking; GROSS SITE AREA or GSA meansthe total area of landwithintheboundaryof the parcel orparcels to be improved as part of the development; ha means hectares; INDUSTRIAL means an area designatedas an industrialzone in the Village scurrent Zoning Bylaw; INSTITUTIONAL means an area designatedas component in the Villa'gc scurrent ZoningBylaw; l institutionalzone or institutional
Village of Lumby DEVELOPMENT COSTCHARGESIMPOSITIONBYLAW MULTI-FAMILY meansmultiplefamilydwellingof more thanthreedwelling units sq. m- means square meters; SINGLE FAMILY means 9. single detachedbuilding whichis usedfor one dwellingunit and isoccupied or intendedto beoccupiedas the permanent homeor residenceof one family. TWO FAMILY means a singledetachedbuildingwhichis usedfor two dwellingunits,each of whichis occupiedor intendedto be occupiedas the permanent home or residenceof one family. THREE FAMILY means a singledetachedbuildingwhichis usedfor three dwelling units,each of whichis occupiedor intendedto be occupiedas the perrnanent home ~ or residenceof one family.
' VillageofLumby DEVELOPMENT COSTCHARGESIMPOSITION BYLAW Bylaw No. 740, 2012 SCHEDULE B Development Cost Charges Water Sanitary Drainage Single Famiiy (per DwellingUnit) $3,159 $1,448 $838 Residential Two Family $6,317 $2,896 $1,676 Three Faniiiy $9,476 $4,344 $2,514 Total $5,444 $10,889 $16,333 Water Sanitary Drainage Multi-family (per sq. m.gross floorarea) $22.56 $10.34 $599 Commercial (per sq. m.gros_sfloorarea) 392262 $10.37 $3.23 Industrial (per sq. m.gross?oor area) $12.63 $5.79 $215 Total $38.89 $36.21 $20.58