Bylaw No. 3174-2021
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 3434-2023 Last amended July 10, 2023
Contents | ||
---|---|---|
1 Interpretation | ||
2 Definitions | ||
3 Development cost charges | ||
4 Calculation of applicable charges | ||
5 Repeal | ||
6 Commencement | ||
Schedule A |
WHEREAS pursuant to the Local Government Act, the council may, by bylaw, impose development cost charges;
AND WHEREAS development cost charges may be imposed for the purpose of providing funds to assist the municipality in paying the capital costs of providing, constructing, altering, or expanding sewage, water, drainage and roads facilities, and providing and improving park land to service directly or indirectly, the development for which the charges are imposed;
AND WHEREAS the council has deemed 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) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the municipality, and
(d) will not discourage development designed to result in a low environmental impact in the municipality;
AND WHEREAS the council has considered the charges imposed by this bylaw in relation to future land use patterns and development, the phasing of works and services and the provision of park land described in the Official Community Plan Bylaw, and how development designed to result in a low environmental impact may affect the capital costs of sewage, water, drainage, and roads, and providing and improving park land;
AND WHEREAS in the opinion of the council, the charges imposed by this bylaw are related to capital costs attributable to projects included in the municipality’s financial plan and long-term capital plans, and to capital projects consistent with the Official Community Plan Bylaw.
NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, enacts as follows:
2 In this bylaw
"agricultural" means an agricultural development in an agricultural zone or a similar development in another zone permitted in accordance with the Zoning Bylaw, in which the predominant use, as determined by its general purpose and list of permitted uses, is of an agricultural nature, including barns, equipment storage and greenhouses, but excluding commercial and industrial uses on lands designated for agricultural use;
"apartment" has the same meaning in the Zoning Bylaw;
"building permit" has the same meaning in the Building Bylaw;
"commercial" means a commercial development in a commercial zone or a similar development in another zone permitted in accordance with the Zoning Bylaw, in which the predominant use, as determined by its general purpose and list of permitted uses, is of a commercial nature, including commercial use on agricultural land;
"congregate care" means a use dedicated for the residential care of the sick or injured other than in a public or private hospital, where care facilities are provided in conjunction with a common resident dining room and social and recreational areas and may include personal care services and a gift shop for the use of residents;
"construction" has the same meaning in the Building Bylaw;
"development" has the same meaning in the Development Bylaw;
"duplex" has the same meaning as in the Zoning Bylaw;
"dwelling unit" means accommodation providing private or shared sleeping rooms, washrooms, and a kitchen intended for domestic use, and used or intended to be used for a residence. This use does not include a room in a hotel or a motel and does not include recreational vehicles;
"gross floor area" or "GFA" means the total area of all buildings on a lot measured to the outside of the exterior walls of each building including stairways, storage and mechanical rooms but excluding basements less than 1.83 metres (6 feet) in height, areas used for vehicle parking, and unenclosed balconies;
"industrial" means an industrial development in a zone listed in the Zoning Bylaw, or a similar development in another zone permitted in accordance with the Zoning Bylaw, in which the predominant use, as determined by its general purpose and list of permitted uses, is of an industrial nature, including industrial use on agricultural land.
"institutional" means development of a public or institutional nature in an institutional zone listed in the Zoning Bylaw;
"lot" has the same meaning in the Zoning Bylaw;
"rural residential" means a dwelling unit on a parcel in sectors D or E as identified in Schedule A;
"sector" means a prescribed geographical portion or area of the municipality within which a development cost charge is levied;
"single detached" has the same meaning as "single detached dwelling" in the Zoning Bylaw;
"structure" has the same meaning in the Building Bylaw;
"subdivision" has the same meaning in the Development Bylaw;
"townhouse" has the same meaning in the Zoning Bylaw;
"zone" means the zones identified and defined in the Zoning Bylaw.
3 Subject to section 561 of the Local Government Act, the development cost charges set out in Table 1 are 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 or structure, including a building that will, after the construction, alteration, or extension, contain fewer than 4 self-contained dwelling units and be put to no other use than the residential use in those dwelling units.
4 (1) The amount of development cost charges payable in relation to a particular development will be calculated using the applicable charges set out in Table 1 and the sectors in Schedule A, based on the applicable number of lots, dwelling units, or gross floor area.
(2) Where a type of development is not specifically identified in Table 1, the amount of development cost charges to be paid to the City will be equal to the development cost charges that are payable for the most comparable type of development
(3) The amount of development cost charges payable in relation to mixed-use type of development will be calculated separately for each portion of the development, according to the separate use types, which are included in the building permit application and will be the sum of the charges payable for each type.
m2 GFA |
m2 GFA |
m2 GFA |
m2 GFA |
m2 GFA |
m2 GFA |
|||||
ROADS |
$16.61 |
$8,305.84 |
$5,191.55 |
$4,048.79 |
$2,543.98 |
$13.28 |
$79.35 |
$22.34 |
$128.52 |
$0.00 |
SANITARY SEWER |
||||||||||
Collection |
$0.00 |
$1,875.41 |
$1,172.66 |
$923.82 |
$603.42 |
$6.21 |
$3.19 |
$5.56 |
$4.44 |
$0.00 |
Treatment |
$0.00 |
$6,587.42 |
$4,117.14 |
$3,243.52 |
$2,121.05 |
$21.78 |
$11.22 |
$19.54 |
$15.59 |
$0.00 |
WATER |
||||||||||
Distribution |
$0.00 |
$1,386.26 |
$867.22 |
$682.45 |
$446.42 |
$4.58 |
$2.36 |
$3.43 |
$3.28 |
$0.00 |
Supply |
$10.21 |
$5,103.97 |
$3,190.12 |
$2,513.00 |
$1,643.65 |
$16.87 |
$8.70 |
$12.63 |
$12.08 |
$5.16 |
DRAINAGE |
$0.00 |
$593.81 |
$357.78 |
$230.69 |
$69.42 |
$0.99 |
$1.78 |
$4.88 |
$4.21 |
$0.00 |
PARK ACQUISITION & DEVELOPMENT |
||||||||||
City-wide Park Acquisition and Development |
$10.31 |
$5,153.10 |
$3,221.09 |
$2,537.57 |
$1,659.67 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
Neighbourhood Parks Acquisition and Development |
$0.00 |
$9,063.05 |
$5,663.60 |
$4,463.17 |
$2,917.78 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
5 The following bylaws and all amendments are repealed:
(a) Bylaw No. 1983-2010, cited as “Development Cost Charges Imposition Bylaw, 2010”;
(b) Bylaw No. 1812-2008, cited as “Development Cost Charges (Joint Water Supply and JAMES Treatment Plant) Imposition Bylaw, 2008”.
Development Cost Charge Areas
READ A FIRST TIME on July 26, 2021 READ A SECOND TIME on July 26, 2021 READ A THIRD TIME on July 26, 2021 APPROVED BY THE INSPECTOR OF MUNICIPALITIES on September 9, 2021 RESCIND THIRD READING on November 22, 2021 REREAD A THIRD TIME on November 22, 2021 ADOPTED on December 6, 2021