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File #: BL 13-020    Version: 1 Name: Bylaw No. 2013-03
Type: Bylaw Status: Third Reading
File created: 4/2/2013 In control: Legislative Matters
On agenda: 4/9/2013 Final action: 4/9/2013
Title: RECONVENE - PUBLIC HEARING - 10:30 a.m. (60 mins) Proposed Bylaw No. 2013-03 Off-Site Levy Bylaw Proposed Motions 1.      That Bylaw No. 2013-03 receive second reading; 2.      That Bylaw No. 2013-03 receive third and final reading.
Attachments: 1. 2013-03 Off-site Levy Bylaw FINAL, 2. Chair Notes - Bylaw No. 2013-03 2013-04-09
Related files: BL 13-016, BL 13-010
Title
RECONVENE - PUBLIC HEARING - 10:30 a.m. (60 mins)
Proposed Bylaw No. 2013-03 Off-Site Levy Bylaw
 
Proposed Motions
1.      That Bylaw No. 2013-03 receive second reading;
2.      That Bylaw No. 2013-03 receive third and final reading.
 
Body
Administration Recommendation
Administration supports the proposed motions.
 
Purpose
Proposed Bylaw No. 2013-03 will provide a mechanism to collect off-site levies.
 
Summary
Parkland County Council gave Bylaw No. 2013-03 first reading and scheduled a Public Hearing for March 26, 2013 during the February 26, 2013 Council Meeting. During the March 26 Public Hearing a developer voiced a concern regarding the off-site levy rate and distribution. As a result, Council recessed the Public Hearing for further information and scheduled it to reconvene on April 9, 2013.
 
Since that time, Administration has reviewed and validated the concern brought forward and have corrected Schedule F to properly reflect the appropriate levy rate and distribution to the satisfaction of the developer.  
 
As previously stated, Parkland County currently collects off-site levies to offset the costs of underground infrastructure that are being triggered by developments occurring within a set benefitting area by the following methods:
1.      Bylaw No. 52-2003 collects levies for the construction of the Big Lake -Acheson Trunk Sewer, the Hunters Trunk Sewer, the Acheson Water Connection, the Hunters Water Feeder, and the Acheson Reservoir/Pump house; and
2.      Varying development charges within the Development Agreements based on the current application.
As Bylaw No. 52-2003 has set levy costs that are not longer representative of the market value and create a shortfall in our infrastructure development, Administration recommends the bylaw be replaced with a new bylaw that will provide flexibility without compromising the purpose of the current bylaw.
Proposed Bylaw No. 2013-03 provides a mechanism for Parkland County and the developers to manage the costs of constructing or upgrading off-site infrastructure that is directly related to the support and sustainability of new developments and our economy by:
·      Allowing the Developers to share the costs of constructing off-site infrastructure within the benefitting area;
·      Ensuring that the funds collected will reimburse the developers that front end the costs of constructing off-site infrastructure for that benefitting area; and
·      Ensuring that all off-site infrastructure within the benefitting area are constructed prior to the benefitting area being fully developed.
The off-site levy rates will be recalculated on or before April 30 of each calendar year in order to ensure that sufficient funds are being collected to cover the costs of these infrastructures.
 
Strategic Plan/Policy/Legal/Staff Implications
If the proposed Bylaw No. 2013-03 is approved by Council the following changes will also be approved:
1.      Repeal Bylaw No. 52-2003.
 
Financial Impact:
Parkland County Administration will collect off-site levies from developers that subdivide or develop within the benefitting areas in order to ensure the collection of these funds are transferred to the front end contributors that are constructing or upgrading off-site infrastructure.
 
Other