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PARKS DCC REIMBURSEMENT
City of Langford policy POL-0144-PARK sets out how owners or developers may receive credits or reimbursement for qualifying park Development Cost Charge (DCC) projects. It describes credit limits, phased development, required documentation, servicing agreements, and periodic updates to the DCC bylaw.
Key facts
- Policy No. POL-0144-PARK
- References Development Cost Charge Bylaw No. 1401
- Adopted by Council May 5, 2014
- DCC credits are limited to DCCs payable in the relevant category
- DCC bylaw is to be updated every 5 years, subject to approval by the Inspector of Municipalities
PARKS DCC REIMBURSEMENT
City of Langford
www.cityoflangford.ca
Department: Parks Department
Policy No.: POL-0144-PARK
Policy type: New Policy
Whereas the City has adopted Bylaw 1401 establishing an Development Cost Charge Program forthe City;
And
Whereas the City will provide the Owner/Developer Development Cost Charge (DCC) credit for works performed as a condition of Building Permit or Subdivision Approval and in accordance with this Policy.
Definitions/Terms: a) Owner. Is defined as the registered owner(s) ofthe property. The Owner may also be the Developer.
b) Developer. Is defined as the person or corporation representing the owner of the property. The Developer may also be the Owner.
c) DCC Project. Is defined under existing Policy No. 3150-01 for flat useable parkland and in Policy 6120-00 for all other park dedication.
d) DCC Credits. Exclude applicable taxes. Any DCC credits must be applied for upon Application for Building Permit or Subdivision.
e) DCC Project Value. Is the value estimated for the DCC Project as approved by motion of Council prior to the land being dedicated and is considered equal to the Project Cost.DCC credit is available to any Owner/Developer that has performed a DCC Project: a) For the total DCC Project Cost, or portion thereof to a maximum of the DCC's payable in the relevant category forthe DCC Project; and
b) The credits may be applied over the life ofthe development in accordance with the example in Table 2.0 below.In the event the costs exceed the DCC credit available the City is not obligated to reimburse the Owner/Developer unless the project is eligible for a latecomers agreement for the balance of the costs, in accordance with s.939 ofthe Local Government Act
If DCCs payable exceed the amount ofthe DCC credit, the Owner/Developer must pay the DCC in accordance with the City's DCC bylaw.
Table 1.0 Typical DCC balance sheet
| DCC Project | DCC Project Cost | DCC Payable under Bylaw for 45 - lot project | DCC Payable | DCC Credit Balance |
|---|---|---|---|---|
| Green Park | 40,000 | 60,000 | 20,000 | 0 |
| Blue Park | 140,000 | 60,000 | 0 | 80,000 |
| Red Park | 60,000 | 60,000 | 0 | 0 |
Table 2.0 Phased development balance sheet example
| DCC Project | DCC Project Cost | DCC Payable under Bylaw | DCC Payable | DCC Credit Balance |
|---|---|---|---|---|
| Summerhill Parkway 0+00 to 400+00 | 1,200,000 | 1,200,000 | ||
| Phase 1 - 45 lots | 270,000 | 0 | 930,000 | |
| Phase 2 - 4 0 lots | 240,000 | 0 | 690,000 | |
| Building 1 | 120,000 | 0 | 570,000 | |
| Building 2 | 90,000 | 0 | 480,000 | |
| Summerhill Parkway 400+00 to 900+00 | 1,500,000 | 1,980,000 | ||
| Phase 3-350 lots | 2,100,000 | 120,000 | 0 |
There is no time limit for DCC Credit availability for DCC Projects performed as long as the DCC Project remains on the DCC Project List within the DCC Bylaw. The City will leave any constructed DCC Project on the DCC Project List if there are any outstanding DCC Credits that can still be used
In the case of Parks DCC projects only, if land is required to construct a Park DCC Project and such land is dedicated and/or secured as a condition of rezoning or subdivision the DCC Project Cost may include the cost of land if Council has deemed this to be a Parks DCC project at the time of zoning.
The City will allow a DCC credit in the relevant class of works for an Owner/Developer who has paid the cost or a portion ofthe cost of a DCC Project instead of providing the DCC Project directly. An Owner/Developer may request such a credit by providing the following: a) A statutory declaration in the form attached to this policy as Statutory Declaration A, sworn by the Owner/Developer who is requesting the credit or an authorized representative ofthe Owner/Developer; and
b) A statutory declaration in the form attached to this policy as Statutory Declaration B, sworn by the Owner/Developer who provided the DCC Project or an authorized representative ofthe Owner/Developer.DCC Projects to be completed after the issuance of a Subdivision approval must be subject to a servicing agreement in accordance with the requirements of Subdivision and Servicing Bylaw No. 1000. DCC credits must be established prior to execution of the servicing agreement so that the Owner/Developer is not required to provide security and pay DCCs in relation to the same project costs.
The DCC bylaw will be updated every 5 years {subject to approval by the Inspector of Municipalities) in order to update project costs and review project necessity.
This policy is effective the date of Council adoption.
Adopted by Council
Meeting Date: May 5th, 2014
Date:
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