BYLAW NO. 2023 - City of Langford Storm Drainage Development Cost Charge Bylaw No. 2023, 2023

BACKGROUND

Development Cost Charges are a way for the City to collect funds to improve infrastructure that will support projected development over a specified time horizon, under the provisions of the Local Government Act. The concept of “Benefiter pays” is the key component of this legislation: Infrastructure costs should be paid by those who will use and benefit from the construction of the works.

Development Cost Charges (DCCs) may be collected by the City for improvements to roads, storm drainage, parkland acquisition, and park improvements. DCCs may be collected as a condition of subdivision for single family and duplex development, and at building permit for multi-family, commercial, institutional, and industrial development. Similarly, the Capital Regional District (CRD) also has DCCs, and the School District applies School Site Acquisition charges, permitted under a different section of the Act.

The City can use the funds collected through a DCC program to pay for improvements identified in the same DCC program; alternatively, the works can be constructed by others as part of their development process in return for credit toward DCC’s payable.

The purpose of this report and accompanying bylaw is to introduce a new North Langford Stormwater DCC program specifically related to the Spencer Pond drainage catchment area. It should be noted that in certain times of year Spencer Pond may look like more than one pond as the water infiltrates and the pond dries out in certain areas. For this reason, the report refers to Spencer Ponds moving forward.

COMMENTARY

North Langford Stormwater DCC Area

The North Langford Stormwater DCC program is an area-specific stormwater DCC bylaw for the drainage catchment area flowing into Spencer Ponds on Leigh Road. Schedule B shown below is part of the proposed Bylaw No. 2023 and illustrates the drainage area, also referred to as the contributing lands that all drain into Spencer Ponds.

Spencer Pond Location

Spencer Ponds are located on the east side of Leigh Road, north of Sergio Place and south of the Leigh Road Interchange southbound onramp. Figure 1 shows the wetted area of Spencer Ponds.

Figure 1: Spencer Pond Location Map

A Map showing contributing lands all located within the Spencer Pond drainage area is included in the North Langford Stormwater DCC Bylaw No. 2023. It should be noted that approximately 30% of the drainage catchment area consists of existing homes.

North Langford Stormwater Project – Spencer Pond Overflow Drain

Spencer Ponds are somewhat unique in that it does not have a storm drain outlet, the water level in the pond is controlled by infiltration, i.e. all flows to the pond soak into the ground. In drier summer months the pond has very little water in it.

The City has been monitoring the water level in Spencer Ponds since October 2020. This monitoring along with hydrologic modeling has confirmed that the water level during the 1 in 200-year storm event has the potential to flood properties adjacent to the pond when considering both existing and proposed development and climate change. There is no immediate risk to the public, this risk is projected over time and therefore the project is planned for the year 2026.

In consideration of existing developments within the Spencer Ponds drainage catchment area, an overflow drain is proposed to be constructed in Spencer Ponds. The purpose of this overflow drain is to avert flooding from the pond during 1-in-200 year storm events, taking into account projected rainfall increases for climate change.

Protecting the existing neighbouring lands that include Spencer Middle School and the mobile home park located between Spencer Ponds and Spencer Road are an important aspect of this overflow drain construction. Conversely, new development must not increase stormwater flow from existing flows or redirect flows. New development must also maintain water quality.

The overflow drain functions the same as all of the City’s stormwater management ponds would. Water accumulates in the pond over time, allowing sediment to settle out of the water. In the case of Spencer Ponds, water would only spill out in a 1 in 200-year event at the most and the water would spill off the top of the pond, not the bottom where sediment accumulates. Therefore the risk of sedimentation or contaminant release from the overflow drain is very low. In addition, the City’s street sweeping program and the presence of oil grit separators in the upstream drainage on the City roads also mitigates the potential for contamination to result from this overflow drain.

Due to the uniqueness of Spencer Ponds infiltration, the water level in Spencer Ponds is higher at different times of year than other lakes in the area, including Langford Lake. This means that when the overflow drain is activated in a 1-in-200 year event the volume of water that may enter Langford Lake will be negligible in relation to the size of the lake (ie. Not more than a 10cm rise to Langford Lake).

The City commissioned On Point Project Engineers to design the proposed overflow drain for the purposes of identifying its location and projecting costs for the new North Langford Stormwater DCC bylaw. The overflow drain is planned to extend out of Spencer Ponds onto Leigh Road, extending south to Donna Avenue, west on Donna Avenue, south through property located at 1108 Goldstream Avenue (the developer of this land is aware of the future drain), and finally west on Goldstream Avenue to an existing storm outlet on the south side of Goldstream Avenue at Shelby Place as shown below:

Figure 2: Overflow Drain Location Leigh Road to Goldstream Avenue

Stakeholder Input

The Best Practices Guide provided by the Ministry of Community, Sport and Cultural Development recommends stakeholder input to the proposed bylaws to ensure that there will be no negative effect to development and affordable housing.

A Committee comprised of staff and representatives of all new development within the catchment area have had the opportunity to review and comment on the proposed bylaw and has officially endorsed the program. The new development lands are those that will contribute financially to the North Langford Stormwater DCC bylaw and therefore were consulted.

Collection of DCCs

Development Cost Charges are collected on a per lot basis at the time of subdivision for Single Family projects, at building permit on a per unit basis for Multi Family projects and per square metre of gross building area for Commercial, Industrial, and Institutional projects such as schools. This particular catchment has no industrially zoned lands, they are all business park/commercial, residential and institutional (one school on Bear Mountain Parkway in the future). The catchment map is included in Bylaw No. 2023.

The rates calculated as part of Bylaw No. 2023 are included in the bylaw and are as shown in Table 1 below. These rates are very similar to the rates for the South Langford Stormwater DCC bylaw.

DCC Credit

If a developer or landowner constructs works, as a condition of development approval, that form part of the Stormwater DCC projects list, they may be eligible for DCC credit up to the dollar value of DCC’s payable for that project. The credit may be in the form of charges not payable at the time of building permit, or in the form of a rebate. The City created a Road and Storm Drainage DCC Credit Policy (POL-0003-ENG) in 2012 that provides a guide to staff and developers with respect to enabling DCC credits. The policy is amended from time to time to keep it current.

FINANCIAL IMPLICATIONS

The intent of a DCC program is that improvements required to support future development are paid for by that development. Any benefit to existing users is expressed as a percentage of the cost of the works and deducted from the total cost of the projects.

At this time, the City is planning to construct the overflow drain in approximately 2026 when it is estimated that additional driving lanes will be added to Leigh Road. Completing the drain installation at the same time as widening Leigh Road is the most logical manner to install the drain with the least amount of impact to the travelling public. Funding for the drain works would come from the proposed North Langford Stormwater DCC collections as well as contributions from the existing density within the catchment. This does not mean individual residents in that catchment get charged for this new DCC, rather the funds come from the City’s overall amenity income.

Council must approve the projected yearly taxpayer contribution and include that in the municipal budget. The DCC program as proposed will require a yearly taxpayer contribution of $120,250 over five years into the North Langford Stormwater DCC program. It is important to note that the project covered by this DCC fund is to protect existing residents as well as new residents and plays an important part in the City’s climate change initiatives which is the reason for the annual contribution of $120,250 from the general tax payer.

The program does not include any grant funding and there is no money in reserve for this bylaw since it is a new bylaw.

LEGAL IMPLICATIONS

A municipality’s development cost charge bylaw requires approval by the Inspector of Municipalities for the Province prior to bylaw adoption.

If the overflow drain is not constructed and Spencer Ponds are left status quo in a 1 in 200-year event and considering climate change 50 years in the future, the water level in the ponds is projected to reach 79 meters above sea level or 79 masl. Land to the east toward Spencer Road is at an elevation between 78 masl and 79 masl and therefore overflow would likely flow toward Spencer Road and even further east of Spencer Road.

OPTIONS

Option 1

THAT Council consider giving the first three readings to the City of Langford North Langford Stormwater Development Cost Charge Bylaw No. 2023, 2023.

AND

Direct staff to forward the bylaw to the Inspector of Municipalities for the Province for approval.

OR Option 2

THAT Council decline to pursue the City of Langford North Langford Stormwater Development Cost Charge Bylaw No. 2023, 2023 at this time.

SUBMITTED BY

Michelle Mahovlich, P.Eng., P.Geo., Engineering Department

Concurrence: Donna Petrie, Senior Manager of Business Development and Events
Concurrence: Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence: Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence: Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence: Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence: Marie Watmough, Deputy Director of Corporate Services
Concurrence: Braden Hutchins, Director of Corporate Services
Concurrence: Darren Kiedyk, Chief Administrative Officer

Attachments: Bylaw No. 2023

---

CITY OF LANGFORD

BYLAW NO. 2023

A BYLAW TO IMPOSE STORM DRAINAGE DEVELOPMENT COST CHARGES.

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; and
(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, namely the Spencer Pond overflow drain;
(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 The following terms have the definitions ascribed to them in the Zoning Bylaw, 300, as may be amended or replaced from time to time:

   • “Apartment”;
   • "Building";
   • “Dwelling unit”;
   • "Gross floor area";
   • “One-family dwelling”;
   • “Residential”;
   • "Structure";
   • “Townhouse”; and
   • “Two-family dwelling”.

2. In this bylaw, the following terms are defined as:

   • "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, 300.
   • "Industrial" means a use permitted in an industrial zone under the City's Zoning Bylaw, 300.
   • “Institutional” means any use that is not commercial, industrial, public utility, or residential.
   • "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.

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 purposes of One-family or Two-family dwellings 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 Townhouse, Apartment, Commercial, Institutional, Industrial, or Public Utility development, 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 for storm drainage are imposed only on DCC Contributing Lands indicated by shading on Schedule “B”.

a) The charges imposed under Section 3(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 Two-family dwellings.
b) The charges imposed under Section 3(b) shall be paid 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 actually constructed, and any additional amount shall be paid prior to the issuance of an occupancy permit.

5. A development cost charge is payable in respect of every event under Tables 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.

6. 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:

7. 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;
   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:

8. 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:

9. This bylaw may be cited for all purposes as the "City of Langford Storm Drainage Development Cost Charge Bylaw No. 2023, 2023."

READ a first time this day of 2023.

READ a second time this day of 2023.

READ a third time this day of 2023.

APPROVED BY The Inspector of Municipalities, pursuant to s. 560 of the Local Government Act on this day of ,2023.

ADOPTED this day of , 2023.

PRESIDING COUNCIL MEMBER

(Certified Correct)
CORPORATE OFFICER

---

SCHEDULE “A” — DEVELOPMENT COST CHARGES

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

Table 1 – Storm Drainage

*gfa = gross floor area
** = there is no Industrially zoned land inside this catchment area

---

SCHEDULE “B”

City of Langford
North Langford Storm DCC Contributing Lands Map (Bylaw 2023)