BylawsBylaw No. 1233Finance
Financial Plan for 2009-2013 Bylaw
Sets Langford’s revenue and spending plan for 2009–2013 and identifies areas where hotel or motel projects may qualify for revitalization tax exemptions. The exemptions have eligibility limits and do not cover utility user fees, parcel taxes, or taxes imposed by other governments.
Who it affects: The bylaw applies to Langford taxpayers, organizations seeking permissive tax exemptions, and owners proposing eligible hotel or motel developments.
Key rules
The parts residents most often run into. The PDF is the official text.
- Hotel/motel exemption eligibility requires Class 6 land and a building permit issued in 2004.
- Eligible projects must be valued at a minimum of $1.5 million and have a minimum of 60 rooms.
- Apply to the City Treasurer by August 31 in the year before the first year of exemption sought.
- The exemption term is limited to five years.
- Permissive exemptions are capped at 1/2 of 1% of total municipal property taxes; applications are due August 31st each year.
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CITY OF LANGFORD BYLAW NO. 1233 A BYLAW TO ADOPT A FINANCIAL PLAN FOR 2009 -2013 WHEREAS under the Community Charter the municipality must have a financial plan adopted by bylaw before the annual property tax bylaw is adopted; and WHEREAS under the Community Charter the Council may provide a revitalization tax exemption for a property in an area designated for that purpose in the annual financial plan or the official community plan, and may establish a revitalization tax exemption program; NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as follows: 1. Schedule "A" attached hereto and forming part of this bylaw comprises the City of Langford Five Year Financial Plan for 2009 - 2013 (PART 1)". 2. Schedules "B" and "C" attached hereto and forming part of this bylaw comprise the City of Langford Tax Exemption Program. 3. This bylaw may be cited for all purposes as "City of Langford 2009-2013 Financial Plan Bylaw No. 1233, 2009. Schedule "A" Bylaw No. 1233 CITY OF LANGFORD FIVE YEAR FINANCIAL PLAN (PART 1) (i) Financial Plan 2009-2013 REVENUES: Municipal Property Taxes Specified Area Parcel Taxes Fees and Charges Other Sources Transfer From Surplus Transfers From Reserves Transfer From Development Cost Charges Proceeds From Borrowing EXPENSES: Operating and Other Principal and Interest on Debt Capital Transfers to Reserve Accounts Transfers to Reserve Funds 2009 2010 2011 2012 2013 16,520,800 18,896,150 21,561,950 23,689,185 24,912,450 1,368,100 1,368,100 2,868,100 2,868,100 3,636,500 1,514,400 1,883,550 1,924,950 2,109,050 2,247,150 50,965,650 13,975,400 4,510,120 3,874,940 3,999,860 1,111,000 425,000 325,000 125,000 125,000 6,796,700 3,870,000 1,828,000 1,505,300 1,115,200 4,777,400 935,000 1,633,000 2,179,000 1,950,000 8,215,250 6,233,300 1,400,000 925,000 844,000 91,269,300 47,586,500 36,051,120 37,275,575 38,830,160 20,725,900 22,924,900 23,946,320 25,865,075 26,150,160 3,698,500 3,160,600 5,254,800 5,187,900 5,972,900 65,462,400 20,648,100 4,757,200 3,877,800 3,165,500 0 0 0 0 0 1,382,500 852,900 2,092,800 2,344,800 3,541,600 91,269,300 47,586,500 36,051,120 37,275,575 38,830,160 (ii) Revenue and Property Tax Policy Disclosure 2009 2010 000's OOO's Revenue Proportions Property Taxes 16,521 20% 18,896 Parcel Charges 1,368 2% 1,368 Fees 6,292 8% 2,819 Other Sources 50,966 60% 13,975 Proceeds From Borrowing 8,215 10% 6,233 83,362 100% 43,291 2011 2012 2013 000's 000's 000's 44% 21,562 64% 23,689 66% 24,912 66% 3% 2,868 8% 2,868 8% 3,637 10% 7% 3,558 10% 4,288 12% 4,197 11% 32% 4,510 14% 3,875 11% 4,000 11% 14% 1,400 4% 925 3% 844 2% 100% 33,898 100% 35,645 100% 37,590 100% Property Tax Distribution Property Class 1 Residential 2 Utility 5 Light Industry 6 Business/Other 7 Managed Forest 8 Rec./Non-Profit 9 Farm Permissive Tax Exemptions Council has established the following policy with respect to permissive tax exemptions: POLICY NO. 1970-10 Requests for Permissive Tax Exemptions 1. Total permissive tax exemptions granted to all organizations under section 224 of the Community Charter will be limited to a total of 1/2 of 1% of total municipal property taxes. 2. That section 341 (k) property exemptions for religious organizations will be limited to; i) land directly surrounding the Church; ii) land for Church parking; iii) Church Halls (if available to the general public for rental) iv) Church schools (unless used for private daycare or other profit making ventures); and v) Church cemeteries. Exemptions will not be considered for vacant land held for future development and residential property occupied by church members or otherwise rented out. Applications for permissive tax exemptions must be received by August 31st of each year, and must include a general statement of activities, a description of the membership or population serviced by the group or Association, and include a most recent financial statement to demonstrate financial need. Tax Revenue (OOO's) 9,381 58.3% 37 0.2% 63 0.4% 6,568 40.8% 0 0.0% 41 0.3% 0 0.0% 16,090 Schedule "B" Bylaw No. 1233 CITY OF LANGFORD FIVE YEAR FINANCIAL PLAN (PART 2) REVITALIZATION AREAS Areas zoned to permit hotel or motel development in the Langford Zoning Bylaw, 1999 as amended from time to time are designated pursuant to s.226(2) of the Community Charter for the purpose of encouraging the revitalization of the City and in particular the development of commercial hotel or motel facilities. REASONS FOR DESIGNATION The development of nearby hotel or motel rooms for visitors to the Langford area is seen as a critical component of the revitalization of the City's district commercial and town centre commercial areas. Hotel and motel uses are currently permitted in several zones, including the C3 District Commercial and C8 Town Centre Pedestrian Commercial zones, and the Council has amended the zoning bylaw to permit hotel uses in the Olympic View and Bear Mountain comprehensive development zones as well. The Official Community Plan encourages the development of the town centre with housing, employment, and shopping opportunities in close proximity to each other. Expanding the potential customer base for town centre businesses beyond the local residential population, to include hotel or motel guests visiting the area for leisure, sporting and recreation events, will stabilize established businesses and create opportunities for additional businesses to be established; each of these effects will in turn have beneficial effects on other existing businesses. Because there are potential locations for hotels and motels in several areas of the municipality, and hotel and motel guests in all these areas will use town centre commercial facilities, all zones in which hotels and motels are a permitted use are designated for potential revitalization tax exemptions. OBJECTIVES OF DESIGNATION The objectives of designating areas for revitalization tax exemptions are: • To stimulate and reinforce development initiatives in the town centre commercial area by stimulating investment in hotel and motel room development wherever in Langford such uses are permitted • To encourage tourist accommodation development close to destination recreation facilities • To reinforce the municipality's "open for business" approach and attract high quality development to the area Schedule "C" Bylaw No. 1233 CITY OF LANGFORD FIVE YEAR FINANCIAL PLAN (PART 3) REVITALIZATION TAX EXEMPTION PROGRAM 1. Hotel and motel development on land in revitalization areas designated in the City's financial plan and classified as Class 6 under the Assessment Act, in respect of which a building permit is issued in 2004 pursuant to a building permit for one or more hotel or motel buildings as defined in the City's zoning bylaw, is eligible for a revitalization property tax exemption and is referred to in this document as "eligible hotel development". 2. Eligible hotel development must be valued at a minimum of $1.5 million on the building permit application, and have a minimum of 60 rooms. 3. Eligible hotel development does not include any portion of a hotel or motel building used for retail sales or bar, lounge or restaurant uses, meeting rooms, fitness and recreation facilities, or the alteration of an existing building to provide hotel or motel accommodation. 4. The maximum exemption provided to an eligible property in any year may not exceed the increase in the assessed value of land and eligible improvements between the year before the construction of the hotel or motel began and the year in which a tax exemption certificate is issued. 5. Subject to section 4, the maximum amount of exemption that may be provided is the full amount of property value taxes imposed under s.197(1 )(a) of the Community Charter for general municipal requirements, in respect of the assessed value of the building or buildings comprising the eligible hotel development. 6. An exemption under this program does not affect the owner' s liability for municipal utility user fees or parcel taxes or taxation imposed by other government or public bodies and collected by the City, including taxation under the School Act. 7. The maximum term of an exemption under this program is five years. 8. Persons wishing to apply for a tax exemption under this program must make application to the City Treasurer for a revitalization tax exemption certificate under s.226 of the Community Charter on or before August 31 in the year prior to the first year in respect of which a tax exemption is sought. The application must include sufficient information to enable the Treasurer to determine that the development in question is eligible hotel development. 9. The Council may require an applicant to enter into a revitalization tax exemption agreement with the City under s.226(6) of the Community Charter, which may include provisions requiring the applicant or the applicant's successor in title to pay to the City property taxes that would have been payable but for the exemption, if the owner breaches any condition on the basis of which a tax exemption certificate was issued, and a covenant under s.219 of the Land Title Act in favour of the City requiring the owner to use the land in accordance with the certificate and the agreement. 10. Hotel properties for which a tax exemption is provided may be strata titled or otherwise subdivided, provided that each strata lot or unit is subject to a covenant under s.219 of the Land Title Act requiring the strata lot or unit to be included in a bona fide rental pool or hotel management agreement and, when not occupied by its owner the unit will be available to members of the general public for short-term occupancy for at least 182 days per calendar year, for at least the term of the tax exemption. 11. Motel properties for which a tax exemption is provided may not be strata titled or otherwise subdivided, and each motel unit must be available to members of the general public for short-term occupancy under a hotel management agreement for at least 182 days a year at all times for at least the term of the tax exemption.