Purpose

1   To provide a system whereby Developers who install Extended Services can be reimbursed for a portion of the cost from adjacent properties who may use and benefit from these extensions.

Definitions

2   In this procedure

"Benefiting lands" means land deemed by the Council to benefit from an Extended Service, other than the lands being subdivided or developed.

"Designated Use" means land use as designated by the Official Community Plan.

"Developable Property" means the gross area of a Parcel less any portion dedicated for a highway or other public use, and less any portion which cannot be developed for the use intended.

"Developer" means the person who undertakes the installation of Extended Services.

"Equivalent Development Units (EDU’s)" means the number of equivalent single family residential units that a property is deemed to have. The total number of equivalent development units for a property is calculated based on Appendix “C” and the total developable area of the property.

"Extended Service" means a highway, water, sewage or drainage system that has been extended to service a development, but which also provides properties adjacent or abutting the service, other than the land being subdivided or developed, with the opportunity to immediately make use of those services.

"Latecomer" means an owner of Benefiting lands.

"Latecomer Charge" means a charge imposed on Benefiting lands by a Resolution of Council which will be collected by the municipality as a condition of a Latecomer connecting to or using services.

"Minimum Size" means the size of a municipal water, sewer, drainage or highway system, as required by the Subdivision By-law.

"Parcel" means any lot, block or other area in which land is held or into which land is subdivided, including strata lots created by strata plan.

"Substantial Completion" means substantial completion as certified by the Director of Public Works.

General

3   (1) This procedure outlines the steps to process Latecomer Charges. See Appendix “A” for a flow chart of the Latecomer process.

(2) This procedure applies to Extended Services required as part of the subdivision or development process, and to the extension of water, sewage and drainage systems where utility extensions are permitted by by-law.

(3) Latecomer Charges apply to the following services:

(a) highway systems

(b) water systems

(c) sanitary systems

(d) drainage and storm systems

(4) On a Parcel with an existing service connection or highway access, exemption from Latecomer Charges will be given for one Equivalent Development Unit. Parcels with on-site servicing (well, septic system, drainage disposal system) shall not be entitled to this exemption.

(5) Appendix “B” provides guidelines for the determination of benefiting areas.

Technical Process

4   (1) Developers may assign their right to receive Latecomer Charges in writing - See Appendix “E”

(2) The Developer shall provide a plan for each Extended Service showing the size(s) and length(s) of the service required to service the proposed development only, with the first submission of the design drawings for the proposed development.

(3) The plan required in Clause 1.03.1 shall be provided in the following format:

(a) 1:2000 Legal and contour municipal “section maps” (these are available at the Engineering Department).

(b) Show Extended Service in a bold manner.

(c) Each type of service must be on a separate sheet.

(d) The catchment area must be defined for sanitary and storm sewer services.

(e) Each sheet shall be clearly labelled in the bottom right corner indicating:

(i) Development

(ii) Project Number

(iii) Service

(iv) Scale

(v) Date

(vi) Professional Seal and Signature

(f) Plans will be attached to the Latecomer agreement and the report to Council as Exhibit “1”. Therefore, each sheet must be labelled consecutively as Exhibit “1A”, Exhibit “1B”, etc.

(4) Where the owner provides Extended Services, the municipality will, upon acceptance of the design drawings:

(a) determine the proportion of the cost of providing the highway or water, sewerage or drainage facilities that it considers constitutes the Extended Service;

(b) determine which part of the Extended Service that it considers will benefit each of the Parcels of land that will be served by the Extended Service; and

(c) impose, as a condition of an owner connecting to or using the Extended Service, a charge related to the benefit determined under paragraph (b).

(5) A report to Council, in the form attached as Appendix “D”, shall be prepared by the Director of Engineering with a recommendation that Council impose a Latecomer Charge by resolution.

(6) A Latecomer Charge for excess service shall not apply. Developers may qualify for cost-sharing of excess storm and sanitary services. Where sufficient funds for cost-sharing are not available, the development may be deemed to be premature.

(7) The costs of Extended Services for water, sewage and drainage systems shall be based on that size of service required to serve the Developer's land, in accordance with the Subdivision By-law. The cost of the Extended Service shall include the cost of installing mains only and shall not include:

(a) land or right-of-way acquisition costs;

(b) cost of connections;

(c) costs of any excess capacity where such cost is distributed by way of Latecomer Charges to benefiting Parcels;

(d) design and inspection costs;

(e) financing costs.

The estimated costs of the Extended Service shall be calculated by the Director of Engineering and shown on Exhibit “3”.

(8) The cost of Extended Services for highway systems shall be based upon the applicable standard required to serve the Developer's land, as determined by the municipality.

(9) The cost of Extended Services, as determined in clauses 1.03.5, 1.03.6 and 1.03.7, shall be apportioned to benefiting Parcels by means of Equivalent Development Units (EDU’s), derived from Appendix “C”. Only Parcels abutting or adjacent to the service, and capable of connecting to or using the service, will have Latecomer Charges levied against them.

(10) For comprehensive developments providing mixed residential and non-residential uses, the procedure outlined in clause 1.03.8 shall be applied on a pro-rated basis.

(11) Exemptions pursuant to clause 1.01.4 shall be taken into account when determining benefiting areas.

(12) For phased development, Latecomer Charges will be pro-rated to reflect only the area being developed in each phase.

(13)

Financial

5   (1) Any Latecomer Charges collected shall be paid to the Developer, including accrued interest, within 60 days following each anniversary date of the date of Substantial Completion. No Latecomer Charge shall be collected after the Latecomer agreement has expired.

(2) The total amount paid to the Developer shall not exceed the total estimated cost of the Extended Services, plus accumulated interest.

(3) Interest shall be calculated annually at a rate prescribed by by-law and shall be calculated from the date of Substantial Completion. Interest collected shall be paid to the Developer with each Latecomer Charge paid.

(4) Latecomer charges are payable at the time of application or prior to the approval of a subdivision or issuance of a building permit for any development which will connect to or use an Extended Service for which the charge was imposed.

General

1   These guidelines will provide the general approach to establishing benefiting areas. Site specific situations may require the variation of these general guidelines.

Storm Sewer

2   (1) Benefiting areas shall comprise all Developable Property immediately adjacent to and capable of being serviced by the storm system required to be installed as part of the development.

(2) The total catchment area shall be used to design the storm sewer system. Properties exempted in accordance with clause 1.4 or undevelopable properties, such as parks, ravines, etc., will be excluded from the calculation of the benefiting area.

(3) Catchment areas shall be determined using good engineering practice and available contour and topographic information.

Sanitary Sewer

3   Benefiting areas shall be established using the same criteria as for storm sewers.

Water

4   (1) The water system shall be designed to meet the requirements of the City and will be based on the ultimate distribution network.

(2) Benefiting areas for water mains shall include those properties which are immediately adjacent to the new water main, and which could benefit by a service connection to that main.

Roads

5   (1) The requirements for any proposed road(s) will be established by the City.

(2) The benefiting area for a road will include those properties immediately adjacent to the new road, and which could benefit by an access to that road.

Notes:

1   (1) Appendix “C” is a table of Equivalent Development Units (EDU’s) for various zoning categories, to be used in the calculation of the total number of EDU’s for any given Parcel of land. The basis for the table is the single family residential unit at an average density of 10 units per hectare.

(2) EDU’s are established on the basis of net developable land and provide for the removal of road and park dedication. They are calculated on the same basis as the City of Abbotsford development cost charges.

History

1   (1) Pursuant to the Municipal Act, where an owner of land that is to be subdivided or developed is required to provide Extended Services by Council and where Council considers its cost to provide these services are excessive, then Council can require the services to be paid for by the owner.

(2) However, where the owner is required to pay for these costs, Council is required to:

(a) determine the proportion of the cost of providing the highway or water, sanitary or storm facilities that it considers to constitute the Extended Service.

(b) determine which part of the Extended Service that it considers will benefit each of the Parcels of land that will be serviced by the Extended Service; and

(c) impose, as a condition of an owner connecting to or using the Extended Service, a charge related to the benefit determined under paragraph 2.

(3) The purpose of this report is to establish these Latecomer Charges which will be collected from Latecomers who connect to or use the designated services within a 10-year period, commencing from the date of Substantial Completion, as determined by the Director of Engineering.

Consideration

2   (1) In this particular development, the services which are the subject of a Latecomer Charge are identified on Exhibit “1”. The benefiting area for each of the identified services is outlined on the same exhibit.

(2) All of the benefiting Parcels have been identified on Exhibit “5” and the total Latecomer Charge for each Parcel is shown, along with a breakdown by individual utility.

(3) Where development cost charge works are proposed to be constructed, a rebate will be made to the owner according to current development cost charge rebate policy. Development cost charge works are not eligible for Latecomer Charges.

Recommendation

3   (1) That the Mayor and Council require the owner of the land that is to be subdivided or developed, to provide Extended Services shown on Exhibit “1”.

(2) That the Mayor and Council consider the cost to provide the Extended Services shown on Exhibit “1”, in whole or in part, to be excessive and that the cost of providing these services shall be paid for by the owner of the land being subdivided or developed.

(3) That Latecomer Charges be imposed for Extended Services, as shown on Exhibit “1”, which are required to be installed as part of the referenced development project.

(4) That Latecomer Charges be imposed on the Parcels listed in Exhibit “5” in the amounts shown.

(5) That the owners of the benefiting Parcels be advised in writing of the Latecomer Charge to be imposed on their land.