A developer fee program that was declared invalid by a B.C. judge is being replaced by a new provincially-sanctioned program in 91原创 Township.
At its council meeting on Monday, July 21, the council voted in favour of creating a new Amenity Cost Charges (ACC) bylaw, which is intended to replace its former Community Amenity Contributions (CAC) policy.
The new ACC program, if given final approval, will allow the Township council to collect money from developers for a set range of projects that will benefit local residents, such as community centres, rec centres, libraries, and daycares.
Local governments have long collected fees from developers to fund the costs municipalities take on when there is new growth and growing populations.
The main way city halls have done this is through Development Cost Charges (DCCs), which go towards funding things like new roads, sidewalks, streetlights, sewers, and water pipes. DCCs have been around for decades, and they are provincially regulated.
But DCCs don't cover the cost of every new project or amenity that a local government might need in a growing area. Cities in B.C. began collecting CACs well over a decade ago, but there was no provincial law guiding how CACs were structured.
Earlier this year, 91原创 Township's CAC bylaw was struck down by a judge after a local developer challenged it in court. Since then, the Township has put in place an interim CAC bylaw and has been negotiating fees with developers on a case-by-case basis.
ACCs, like DCCs, are supported by provincial legislation, which was part of the sweeping housing reforms brought in over the past few years.
Councillor Kim Richter asked what will happen to the funds already collected from CACs, and Township administrator Chan Kooner said the money will be kept in its own reserve, and will not be rolled into new reserves for ACCs.
Council passed first reading of the new bylaw unanimously, and is expected to vote on it again this October.
Public input on the new ACC policies will be collected in September.
The Township's ACC bylaw is planned based on 25-year projections for new residential, commercial, and industrial development across the community.
The staff report notes that some of the amenities the Township collected funds for via CACs aren't included under provincial ACC regulations, including firehalls and affordable housing.
The proposed rates for the new ACCs, to apply to new developments once it's in place, are:
鈥� $19,571 for single-family and two-family residential homes
鈥� $13,584 for ground-oriented multi-family residential per unit
鈥� $8,634 per unit for apartments
鈥� $65.62 per square metre for commercial construction
鈥� $25.90 per square metre for industrial projects
鈥� $65.62 per square metre for institutional uses, including government offices, schools, and libraries.
Projects that are paying into the previous CAC funding or the interim CAC policy won't be subject to the new ACC bylaw.
