BYLAW NO. 2021 - City of Langford Road Development Cost Charge Bylaw No.2021, 2021

WHEREAS

(a) Council may impose development cost charges under Section 559 of the Local Government Act.

(b) Development cost charges may be imposed for the sole purpose of providing funds to assist the City in paying the capital cost of providing, constructing, altering or expanding sewage, water, drainage and highway facilities and providing or improving park land, or any of them, in order to serve, directly or indirectly, the development for which the charges are imposed.

(c) In the consideration of Council, the charges imposed under this bylaw:

• (i) are not excessive in relation to the capital cost of prevailing standards of service in the City;
• (ii) will not deter development in the City;
• (iii) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land;

(d) In the opinion of Council, the charges imposed under this bylaw are:

• (i) related to capital costs attributable to projects included in the City's capital expenditure bylaw, including projects described in Schedule “B” and “C” attached to and forming part of this Bylaw;
• (ii) related to capital projects consistent with the City's Official Community Plan.

NOW THEREFORE

The Council of the City of Langford, in open meeting assembled, hereby enacts as follows:

Interpretation

1. In this Bylaw:

• "Building" means any structure used or intended for supporting or sheltering any use or persons, animals or property.
• "City" means the City of Langford or the geographical area within the boundaries of the City of Langford, as the context requires.
• "Commercial" means any commercial use as permitted under the City's zoning bylaw.
• "Dwelling unit" means two or more habitable rooms constituting a self-contained unit with a separate entrance, and used or intended to be used together for living and sleeping purposes for not more than one family and containing a separate and properly ventilated kitchen with a sink and not more than one set of cooking facilities and a bathroom with a water closet, washbasin and a bath or shower, and includes all seniors housing.
• "Gross floor area" means the total area of all floors of a building measured to the outside surface of the exterior walls, excluding below ground parking, garages, carports and sun decks.
• "Industrial" means a use permitted in an industrial zone under the City's zoning bylaw.
• “Institutional” means any use that is not commercial, industrial, public utility or residential.
• "Multi-family" means a use containing four or more dwelling units.
• "Residential" means a use containing up to and including three dwelling units.
• "Public Utility" means a private business organization that is subject to governmental regulation because it provides an essential service or commodity such as water, electricity, sewage collection, transportation or communication to the consuming public or a public or private recreational building located on City land providing space to the general public for the purposes of recreation.
• “Site area” in relation to storm drainage charges means that portion of a lot from which storm water drains directly or indirectly to drainage works of the City following the completion of industrial or institutional development of the lot.
• "Structure" means anything constructed, erected or placed, the use of which requires location on the ground or attachment to something having location on the ground; excludes concrete or asphalt or similar surfacing of a lot, fences, signs and underground sewage disposal facilities.

Townhouse

"Townhouse" means: a) A building divided into two or more dwelling units with each dwelling unit having direct access to the exterior at grade or; or
b) Two or more detached dwellings constructed on the same lot.

Charges

a) Every person who obtains approval of a subdivision, including a subdivision for the purpose of leasing land for a term exceeding 3 years, in a zoning district which permits the use of land for residential purposes shall pay to the City the development cost charges set out in Schedule "A" attached to and forming part of this bylaw, and the approving officer shall not approve such a subdivision until such development cost charges have been paid.

b) Every person who obtains a building permit for a building or structure for a residential, commercial, institutional, industrial, or public utility development, including a building containing fewer than four dwelling units, shall pay to the City the development cost charges set out in Schedule "A" and the building inspector shall not issue such a building permit until such development cost charges have been paid.

c) Development cost charges under this bylaw are imposed only on DCC Contributing Lands indicated by shading on Schedule “D”.

a) The charges imposed under Section 2(a) shall be paid in respect of the number of lots created in addition to the number of lots existing at the time of subdivision, and on the basis of two dwelling units for each additional lot on which the zoning bylaw permits the construction of duplexes.

b) The charges imposed under Section 2(b) shall be calculated based on the information contained in the building permit application, and may, in the sole discretion of the City, be adjusted as necessary with reference to the building constructed, and any additional amount shall be paid prior to the issuance of an occupancy permit.

4. A charge is payable in respect of every event under Table 1 of Schedule “A”, provided that: a) a charge is not payable under this Section where a charge under this bylaw has been paid previously for the same event in respect of the same development; b) a credit shall be deducted from the amount that would otherwise have been imposed under this Section in respect of a parcel for the amount of development cost charges previously paid to the City for the same development on the same parcel under this bylaw.

5. Under no circumstances shall any charges collected under this bylaw be refunded. When an approved subdivision plan is not deposited or no construction is commenced pursuant to an approved building permit, charges collected shall be credited toward charges payable in respect of a future charging event under Table 1.

Exemptions

6. No charge is payable under this bylaw where: a) the building permit authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation under s. 220(1)(h) or s. 224(2)(f) of the Community Charter; or

b) the value of the work authorized by the permit does not exceed $50,000 or any other amount prescribed by regulation under s. 561(9) of the Local Government Act.

Severance

7. In the event a portion of this bylaw is set aside by a court of competent jurisdiction, the portion is deemed to be severed from the bylaw such that the remaining portions of the bylaw continue in force and effect.

Citation

8. This bylaw may be cited for all purposes as the "City of Langford Road Development Cost Charge Bylaw No. 2021, 2021."

READ a first time this 16th day of February, 2021.
READ a second time this 16th day of February, 2021.
READ a third time this 16th day of February, 2021.
APPROVED BY The Inspector of Municipalities, pursuant to s. 560 of the Local Government Act on this 3rd day of March 2021.
ADOPTED this day of March 2021.
MAYOR
(Certified Correct)
CORPORATE OFFICER

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SCHEDULE “A” — DEVELOPMENT COST CHARGES (Bylaw No. 2021)

1. The charges to be levied and paid are the amounts specified in Columns B and C of Table 1 in respect of the class of development specified in Column “A”.

Table 1 – Roads

*gfa = gross floor area

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SCHEDULE “B” — City of Langford Roads - DCC Program Project Map

Project #

• 1 Treanor Ave — Treanor Ave at City Gate Intersection
• 2 Millstream Rd — 2317 Millstream Rd to Bear Mountain Pkwy
• 5 McCallum Rd — McCallum Rd to Redington Ave
• 6 McCallum Rd — Millstream Rd to Citation Rd
• 8 Florence Lake Rd — Setchfield Ave to McCallum Rd
• 9 Goldstream Ave — Leigh Rd to Jacklin Rd
• 10 Goldstream Business Park — Upper Goldstream Ave
• 11 Larkhall Rd — Peatt Rd to Veterans Memorial Pkwy
• 12 Massie Dr and Thomasset Pl — Massie Dr / Thomasset Pl Connector
• 13 Peatt Rd — Roundabout Peatt Rd at Hockley Ave
• 14 Peatt Rd — Peatt Rd Improvements
• 15 Goldstream Ave — 800 block Goldstream Ave
• 16 Leigh Rd — Leigh Rd Frontage West
• 17 Leigh Rd — Dunford Ave to Henry Eng Pl
• 18 Leigh Rd — Henry Eng Pl to Langford Pkwy Rail Crossing
• 19 Irwin Rd — Humpback Rd to West Shore Pkwy
• 20 Jacklin Rd — Goldstream Ave to Jenkins Ave
• 21 Jacklin Rd — Jenkins Ave Intersection to Colwood Boundary
• 22 Happy Valley Rd — Sooke Rd to Latoria Rd
• 23 Walfred Rd — Jacklin Rd to Happy Valley Rd
• 24 Sooke Rd — Happy Valley/Glen Lk Rd Intersection Improvements
• 25 Sooke Rd — Young Pl to Glen Lake Rd
• 26 Sooke Rd — Happy Valley Rd to Jacklin Rd
• 27 Latoria Rd — Happy Valley Rd to Colwood Boundary
• 28 West Shore Pkwy — Sooke Rd to Trans Canada Hwy
• 29 Finney Rd — Sooke Rd to Luxton Rd
• 30 Happy Valley Rd — Happy Valley Rd / Latoria Rd New Signal
• 31 Chidlow Connector — Childlow Connector

NOTE: Project numbers 3, 4 and 7 purposefully not referenced.

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SCHEDULE “C” — LANGFORD ROAD DCC PROJECT LIST (Bylaw 2021)

Totals | | | $ 76,454,538 | $ 14,515,823 | $ 61,938,715 | 1% $ 619,387 $ 61,319,328 | 1% $ 619,387 | $ 60,699,941

Total Taxpayer contribution over 38 years | | | | | | | | $ 1,238,774

DCC program Total Taxpayer contribution per year | | | | | | | | $ 32,599.32

Program 2016 to 2040 - Rev 2021 | | | | | | | | $ 60,699,941

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