Bylaw No. 2291, 2026

A Bylaw to Impose Development Cost Charges for Parkland Acquisition and Improvements

WHEREAS pursuant to the Local Government Act, the Council of the City of Langford 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 and improving parkland to service directly or indirectly, the development for which the charges are imposed;

AND WHEREAS the Council of the City of Langford is of the opinion that 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 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 parkland described in the Official Community Plan and Parks and Trail Master Plan, and how development designed to result in a low environmental impact may affect the capital costs of providing and improving parkland;

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.

NOW THEREFORE, the Council of the City of Langford, in open meeting assembled, enacts as follows:

PART 1 - GENERAL ADMINISTRATION

1.1

This bylaw may be cited as the “Parks Development Cost Charge Bylaw No. 2291, 2026”.

PART 2 - DEFINITIONS AND INTERPRETATION

2.1

In the event of a conflict with any term of this bylaw with the provisions of the Local Government Act authorizing the imposition of Development Cost Charges, this bylaw is to be interpreted so that it is consistent with the authority set out in the Local Government Act.

2.2

Any reference to a statute or regulation refers to an enactment of British Columbia as amended, revised, consolidated, or replaced from time to time, and any reference to a bylaw refers to a bylaw of the City of Langford, as amended, revised, consolidated, or replaced from time to time.

2.3

For the purposes of this bylaw, words or phrases that are not defined in this section that are defined in the Zoning Bylaw shall have the meaning assigned to them in the Zoning Bylaw.

2.4

In this bylaw:

(a) “Apartment” means a Building with three or more Dwelling Units, all of which have a common entrance from the exterior of the Building.

(b) “Building” means any structure used or intended to be used for supporting or sheltering any use or occupancy.

(c) “Building Permit” means a building permit under City of Langford Building Bylaw No. 1160, 2008.

(d) “Carriage Suite” means an accessory dwelling unit located on the second floor of a detached accessory building.

(e) “City” means the City of Langford.

(f) “Commercial” means any Commercial use as permitted under the Zoning Bylaw.

(g) “Construction” means the construction, alteration or extension of a Building.

(h) “Development Cost Charges” (DCC) means the applicable rates prescribed in Schedule “A” to this bylaw.

(i) “Dwelling Unit” means two or more rooms used or designed to be used as a self-contained permanent home or residence by one or more persons and that contains a kitchen or cooking facilities, living, sleeping, and sanitary facilities. This use does not include a hotel, dormitory or Secondary Suite.

(j) “Garden Suite” means an accessory dwelling unit located on the ground floor of a detached accessory building.

(k) “Gross Floor Area” or “GFA” shall have the same meaning as under the Zoning Bylaw.

(l) “Industrial” means any Industrial use as permitted under the Zoning Bylaw.

(m) “One-Family Dwelling” means a Building containing one Dwelling Unit or one Dwelling Unit with a Secondary Suite, but does not include a mobile home, modular home, or recreational vehicle.

(n) “Parcel” means a lot, block or other area in which land is held or into which land is subdivided.

(o) “Secondary Suite” means an accessory residential use located within a One-Family Dwelling or Two-Family Dwelling.

(p) “Subdivision” means a subdivision as defined in the Local Government Act.

(q) “Townhouse” means a lot containing three or more Dwelling Units each of which has a separate entrance at grade, includes Garden Suites and Carriage Suites.

(r) “Two-Family Dwelling” means a Building containing two Dwelling Units, each of which may contain a Secondary Suite, but does not include a One-Family Dwelling.

(s) “Zoning Bylaw” means Langford Zoning Bylaw No. 300, 1999.

PART 3 - DEVELOPMENT COST CHARGES

3.1

The Development Cost Charges set out in Schedule “A” attached hereto and forming part of this bylaw, are hereby imposed on every person who obtains:

(a) approval of a Subdivision; and

(b) a Building Permit authorizing the Construction of a Building;

and the Development Cost Charge shall be paid at the time of approval of the Subdivision or issuance of the Building Permit, as the case may be.

3.2

In accordance with section 561(6) of the Local Government Act, a Development Cost Charge is payable in relation to a development authorised by a Building Permits that authorizes the Construction of a Building that will, after the Construction, contain fewer than four Dwelling Units and be put to no use other than residential use in those Dwelling Units.

PART 4 - CIRCUMSTANCES IN WHICH DEVELOPMENT COST CHARGES ARE NOT PAYABLE

4.1

Despite any other provision of this bylaw, a Development Cost Charge is not payable:

(a) in relation to a development authorized by a Building Permit that authorizes the Construction of a Building or part of a Building that is, or will be, after the Construction, exempt from taxation under section 220(1)(h) or 224(2)(f) of the Community Charter;

(b) if the permit authorizes the Construction of Dwelling Units in a building where the area of each Dwelling Unit is no larger than 29m2, and each Dwelling Unit will be put to no other use than residential use;

(c) in relation to a development authorized by a Building Permit if the value of the work authorized by the permit does not exceed $50,000;

(d) if a Development Cost Charge has previously been paid for the development unless, as a result of further development, new capital cost burdens will be imposed on the City;

(e) if the development does not impose new capital cost burdens on the City; or

(f) in circumstances where the Local Government Act or any regulations under that Act provide that no Development Cost Charge is payable.

PART 5 - CALCULATION OF APPLICABLE CHARGES

5.1

The amount of Development Cost Charges payable in relation to a particular Subdivision approval of Building Permit shall be calculated using the applicable charges set out in Schedule “A” of this bylaw.

5.2

Where a Building Permit is in relation to a Building that includes type of land use that is not identified in Schedule “A”, the amount of Development Cost Charges to be paid to the City in relation to the use not so identified shall be equal to the Development Cost Charges payable for the type of land use that in the opinion of the Director of Planning imposes the most similar capital cost burden on the City.

5.3

Where a Building Permit is in relation a Building that contains more than one land use, the Development Cost Charges shall be calculated separately for each use in accordance with Schedule “A and the total Development Cost Charges payable shall be the sum of the charges payable for each use.

PART 6 - SEVERABILITY

6.1

If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the bylaw remains valid.

PART 7 - REPEAL

7.1

City of Langford Parks Development Cost Charge Bylaw No. 2024, 2022 is hereby repealed, except that, for clarity, in cases where this bylaw has no effect by operation of section 568 of the Local Government Act Development Cost Charges Bylaw No. 2024, 2022 shall apply.

PART 8 - EFFECTIVE DATE

8.1

This bylaw shall come into force and effect on the date of adoption.

READ A FIRST TIME the 20th day of July, 2026

READ A SECOND TIME the 20th day of July, 2026

READ A THIRD TIME the
day of
2026

INSPECTOR APPROVAL the
day of
2026

ADOPTED the
day of
2026

MAYOR

CORPORATE OFFICER

SCHEDULE “A”

Attached to Parks Development Cost Charge Bylaw No. 2291, 2026

Parks Development Cost Charge Rates

GFA = Gross Floor Area