Attachment 2: POLICY MANUAL: Community Amenity Contributions (Draft Amended)

POLICY MANUAL

PURPOSE:

To provide guidance and to establish targets for Community Amenity Contributions in association with rezoning applications for changes to residential land use and/or density. New development should provide a fair contribution to help address the needs of a changing community and some of the impacts of growth.

DEFINITIONS:

“Community Amenity” means any public benefit, improvement, or contribution that can enhance the quality of life for a community, and includes, but is not limited to: aesthetic features; public spaces; land or an interest in land; affordable and special needs housing; facilities that meet a range of social, cultural, environmental, and recreational needs of the community, and heritage designation. Development requirements are not Community Amenities.

“Cash Amenity” means money provided as a Community Amenity Contribution.

“Community Amenity Contribution” or “CAC” means the provision of a Community Amenity by a development proponent as voluntarily agreed to with the Town.

“Development Requirement” means anything that is required by any of the following: a. Provincial legislation; b. Bylaws, regulations and policies of the Town and the Capital Regional District; and c. The Town’s servicing requirements.

“Tangible Amenity” means the provision of a capital asset or service as a Community Amenity.

POLICY:

1.1. Discretion The Town will consider proposed Community Amenity Contributions on a case by case basis. Nothing in this policy is intended to impair or fetter the discretion of Council with respect to the adoption of any bylaw.

1.2. Community Amenities Community Amenities may include those identified in the Official Community Plan, Parks Master Plan and other Town documents, or those determined in consultation between the development proponent and the Town accepted by Council through the development application process.

1.3. Priorities The following community amenities will be prioritized over cash amenities or more general community amenities that benefit the larger community: 1.3.1. Tangible amenities Contributions that benefit the immediate neighbourhood or directly address local development impacts. 1.3.2. Tangible amenities that can be implemented in the short term rather than the long term.

1.4. Consideration of Tangible Amenities Tangible amenities should be of clear value to the Town.

1.5. Valuation of Tangible Amenities The financial value of Tangible Amenities will be determined by staff.

1.6. Non/Below Market or Special Needs Housing Community Amenity Contributions are not expected for residential units that would be in perpetuity non-market, below-market or for special needs.

1.7. Long Term Ongoing Costs Factors in considering the acceptability of a Tangible Amenity will include the long-term costs to operate, maintain, repair and replace the amenity.

1.8. Housing Affordability and Supply The potential impact on housing affordability and supply will be considered.

1.9. Target Rates The following target rates for Cash Amenities are established as basis for negotiation: 1.9.1. $5500 per single-family residential unit/lot 1.9.2. $3500 per unit for other types of residential uses

1.10. Land Lift Analysis A land lift analysis should be conducted by a qualified third party agreed to by the development proponent and the Town where more than 100 additional residential units are proposed or possible. The Town will seek a target of 50% of the increase in land value for the provision of community amenities. The cost of conducting the analysis would be deducted from the Community Amenity Contribution amount. Where there is no or negative land lift, alternative community amenities may be negotiated.

PROCEDURES:

2.0 Cash Amenities

2.1 Cash amenities will be calculated based on the maximum increased development potential of the new zone or another agreed upon amount and: 2.1.1 Calculated based on the maximum increased development potential of the new zone or another agreed upon amount and received concurrently with fourth reading of a rezoning bylaw; or Received concurrently with fourth reading of a rezoning bylaw; or 2.1.2 Secured in a registered covenant concurrently with fourth reading of a rezoning bylaw for provision prior to building permit issuance based on the number of additional residential units in a building permit; or Secured in a covenant registered concurrently with fourth reading of a rezoning bylaw. The covenant will state that the Cash Amenities are a voluntary contribution and establish timing for the provision of the Cash Amenities. 2.1.3 Secured in a registered covenant concurrently with fourth reading of a rezoning bylaw for provision prior to subdivision approval by the Approving Officer based on the number of additional single-family residential lots.

2.2 A written agreement for Cash Amenities will be made between the development proponent and the Town at the time of provision to specify the purpose and permitted use(s) of the money, including consideration of alternatives should a Tangible Amenity project not proceed by a certain future date. 2.2.1 The agreement should state that the Cash Amenity is a gift to the Town.

2.3 Accounting for cash amenities will follow generally accepted accounting practices.

3.0 Tangible Amenities

3.1 The provision of tangible amenities will be: Tangible Amenities will be: 3.1.1 Made prior to scheduling fourth reading of a rezoning bylaw; or Received concurrently with fourth reading of a rezoning bylaw; or 3.1.2 Secured with a security deposit for 120% of the value prior to scheduling fourth reading of a rezoning bylaw. The security deposit would be accompanied by a written agreement outlining how the community amenity contribution funds may be used, including consideration of alternatives should a community amenity project not proceed by a certain date; or Secured in a covenant registered concurrently with fourth reading of a rezoning bylaw. The covenant will state the Tangible Amenity is a voluntary contribution; set the security deposit value; establish timing for the provision of the tangible amenities; and if the tangible amenity is not completed, the contributor’s claim to the security deposit would be released and Town may complete the tangible amenity. 3.1.3 Secured in a covenant registered concurrently with fourth reading of a rezoning bylaw for provision or guaranteed with a security deposit for 120% of the value: 3.1.3.1 prior to building permit issuance and based on the number of additional residential units in a building permit; or 3.1.3.2 in the case of single-family residential lots, concurrently with subdivision approval by the Approving Officer.

ATTACHMENTS: N/A

DISTRIBUTION: Electronic file Y:\Administration\0340 \50 \6400 – Planning and Town of View Royal website.

RECORD OF AMENDMENTS