The Township is continuing to collect Community Amenity Contributions (CACs) from some developers through one-off agreements after a judge ruled the policy was invalid earlier this month.
Over the past few years, many Township developments have paid CACs, which go towards projects like rec centres and community pools.
However, that policy was declared void by a BC Supreme Court judge after Lorval Developments, which is planning a massive new sound stage complex in northeast Willoughby, took the Township to court over CACs.
At the council meeting on Monday, June 23 two developments that had already agreed to pay CACs were on the agenda.
The first of those was a rezoning vote for 42-townhouse project to be developed in the 7400 and 7500 blocks of 198B Street, by builder Marq S Construction. They were slated to pay $824,000 in CACs based on the recent policy.
Councillor Kim Richter asked about deferring the decision on amending the community plan to staff for a report because there was a CAC amount listed in the report.
But Township chief administrative officer Chan Kooner said the project will be paying the CACs as expected.
The builder has been told about the recent court ruling, and were told that they could withdraw, or they could proceed with a voluntary contribution to the Township, along with release letters and a certificate showing they had received legal advice.
Mayor Eric Woodward said there was no need for referral, and the project's rezoning and community plan amendments were approved in a 6-2 vote with Richter and Coun. Barb Martens opposed.
A second project also agreed to pay voluntary CACs at the rates under the old policy. This was a rezoning for Fort 91原创 Properties, for a change to its project at Glover Road, Mary Road, and Church Street.
That project is being built by the non-profit foundation created by Woodward. He recused himself from the debate and vote.
Kooner confirmed that Fort 91原创 Properties had also decided to proceed, pay the CACs, sign a release letter and acknowledged they have received legal advice.
The Township is likely switching to a system of Amenity Cost Charges, a new provincially-regulated model that allows municipal governments to collect similar fees as the old CAC model.
In addition, Woodward indicated the Township would look at appealing the court ruling.
