FEES AND CHARGES BYLAW NO. 958 (CONSOLIDATED)

A BYLAW TO REGULATE THE FEES AND CHARGES OF THE TOWN OF VIEW ROYAL

WHEREAS section 194 of the Community Charter authorizes a local government to impose fees and charges for all or parts of a service of the municipality, and Section 19 of the Community Charter authorizes a local government to be provided security through bylaw or as a condition of a license, permit, or approval, the Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. Citation

This Bylaw may be cited for all purposes as "Fees and Charges Bylaw, No. 958, 2016”.

2. Repeal and Consequential Amendments

(a) Schedule 13 of the Town of View Royal Land Use Bylaw 1990 No. 35 is hereby deleted.

(b) Section 65(3) of said Bylaw No. 35 is hereby deleted and replaced with the following:

“The Municipality has the right to appoint its own inspectors to inspect the Developer's works from time to time and the Developer must pay to the Municipality, in the form of cash or certified cheque, an inspection fee in an amount equal to that which is specified within Fees and Charges Bylaw No. 958, 2016.”

(c) Section 54(3) of said Bylaw No. 35 is hereby deleted and replaced with the following:

“Prior to issuance of a Development Permit, the Permittee shall deposit with the Town a bond in the amount specified within Fees and Charges Bylaw No. 958 of the estimated cost of landscaping and screening installation to ensure that all such works are completed in accordance with the approved Permit.

The Permittee shall maintain all landscaping and screening works in a manner satisfactory to the Approving Officer for a minimum period of three years. As security to guarantee the said maintenance, an amount as specified within Fees and Charges Bylaw No. 958 of the installation bond referred to herein shall be retained by the Town for the duration of the three-year maintenance period.”

(d) Section 67(1) of said Bylaw No. 35 is hereby deleted and replaced with the following:

“As security for the due and proper performance of all the covenants in the Developers Agreement and the development contemplated, the Developer shall deposit with the Municipality an unconditional and irrevocable Letter of Credit (the "Security") in the form attached hereto as Schedule 9, or such other form as may be agreed to by the Developer and the Municipality, in the amount as specified within Fees and Charges Bylaw No. 958 as reasonably estimated by the Approving Officer.”

(e) Section 67(5) of said Bylaw No. 35 is hereby deleted and replaced with the following:

“The Municipality shall retain that portion of the Security referred to in Section 68(1) equivalent to an amount as specified within the Fees and Charges Bylaw No. 958 of the cost of all road, drainage, sanitary sewer and related works that are intended to be taken over (owned) by the Municipality after Completion, and an amount as specified within the Fees and Charges Bylaw No. 958 of the cost of all hard (i.e. sprinkler system and installation) and soft (i.e. plant material and installation) landscaping works, as warranty securities to ensure maintenance of these works. The warranty securities for road, drainage, sanitary sewer and related works will be retained by the Municipality for a period of one (1) year from the date of Completion, while the warranty securities for landscaping works shall be retained for a period of three (3) years from the date of completion.”

(f) Section 48.7.d.ii of said Bylaw No. 35 is hereby deleted and replaced with the following:

“Temporary sign permits may be renewed by the Approving Officer, upon application for same by the applicant, for successive periods of up to six (6) months duration after the expiration of the initial temporary sign permit approved by Council resolution. Each request for a temporary sign permit renewal shall be accompanied by a fee specified within Fees and Charges Bylaw No. 958.”

(g) Town of View Royal Fees and Charges Bylaw No. 583, 2006 is hereby repealed in its entirety.

(h) Section 11.4 of Town of View Royal Building Bylaw No. 786, 2010 is hereby deleted and replaced with the following:

“When a building permit is issued in accordance with Section 11.2 of this bylaw the permit fee shall be reduced as specified within the Fees and Charges Bylaw No. 958.”

(i) Section 13.1.1 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“No person shall move a Building or Structure into, from, or within the Town of View Royal without first making an application on the prescribed form, obtaining an inspection and paying the appropriate inspection Fee set out in Fees and Charges Bylaw No. 958.”

(j) Section 13.2.1 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“The Owner shall provide security in the form of a certified cheque or an irrevocable letter of credit in the amount as specified within Fees and Charges Bylaw No. 958 to guarantee the completion of the work when moving a Building to or from the Town of View Royal.”

(k) Section 14.2.1 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“The Inspector shall issue a plumbing permit upon receiving the specified fee as provided for in Fees and Charges Bylaw No. 958, and compliance with the bylaw, for any installation, alteration or repair of a plumbing system.”

(l) Section 14.4.1 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“If more inspections are required than specified due to fault or error on the part of the permit holder, his Agent or employees, an additional fee shall be paid by the permit holder for each additional inspection as specified in Fees and Charges Bylaw No. 958”.

(m) Section 15.1 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“In addition to applicable fees and charges required under other bylaws, a permit fee, calculated in accordance with Fees and Charges Bylaw No. 958, shall be paid in full prior to issuance of any permit under this bylaw.”

(n) Section 15.2 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“The appropriate plan-processing fee as set out in Fees and Charges Bylaw No. 958 shall accompany an application made for a building permit to this bylaw.”

(o) Section 15.3 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“The owner may obtain a refund of the permit fees set out in Fees and Charges Bylaw No. 958 by way of a written request, when a permit is surrendered and cancelled within 6 months of the permit being issued and before any construction begins. The refund shall not include the plan processing fee paid pursuant to Section 15.2.1 of this bylaw.”

(p) Section 15.4 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“Where, due to non-compliance with this bylaw, more than two inspections are necessary when one inspection is normally required, for each inspection after the second inspection, a re-inspection charge as set out in Fees and Charges Bylaw No. 958 shall be paid prior to additional inspections being performed.”

(q) Section 15.5 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“Where a required permit inspection is requested to be done after the hours during which the offices of the Town of View Royal are normally open, an inspection charge shall be payable based on the time actually spent in making such inspection, including travel time, as set out in Fees and Charges Bylaw No. 958.”

(r) Section 16.6.1 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“A site remediation deposit fee as specified within Fees and Charges Bylaw No. 958 is required at time of excavation only permit issuance. All fees will be directed towards building permit fees upon building permit issuance.”

(s) Section 24.7 of said Bylaw No. 786 is hereby deleted and replaced with the following:

“Every person who commences work requiring a building permit without first obtaining such a permit must pay an additional charge as specified within Fees and Charges Bylaw No. 958.”

(t) Schedule A of said Bylaw No. 786 is hereby deleted.

(u) Schedule B of said Bylaw No. 786 is hereby deleted and replaced with the following:

Schedule B: Permit Fees

1. Building Permit Fee Information

a. The charge for Permits in accordance with this bylaw are based on Construction cost covered by this Permit and the Fee is calculated as specified within Fees and Charges Bylaw No. 958.

b. The value of Construction for Permit Fee calculation shall be based on the Construction value as calculated by the Inspector using the Marshall & Swift construction value calculator. The valuation of construction for the purpose of determining permit fees shall reflect the total current monetary worth of all Construction and work related to the Building or Structure authorized to be constructed by the permits and without limiting the generality of the foregoing shall include the value of: i. materials and equipment of whatever nature incorporated into the Building or Structure; ii. labour, including labour of the owner; iii. fees involved in design, investigations, testing, consulting construction, labour and management, contractors’ and subcontractors’ profit and overhead, social services tax, goods and services tax and insurance; iv. materials and equipment rented for carrying out the Construction and; v. mechanical, electrical, elevator, plumbing, drainage, heating, air conditioning and gas installation

c. In all cases the final value of Construction shall be established by the Inspector.

d. Where a registered professional as defined by the B.C. Building Code, reviews and certifies an application for a building permit as being in compliance with the B.C. Building Code and applicable Town of View Royal bylaws, and where the Town of View Royal relies upon that certification in issuing a building permit the building permit fee shall be reduced by an amount as specified within Fees and Charges Bylaw No. 958.

e. A Building Permit Fee can be partially refunded provided that the Owner or his Agent has submitted a written request for a refund, the Inspector has certified that work has not been commenced, and the Permit has not expired.

2. Penalty

a. The Building Permit Fee is doubled for every Permit application where Construction is commenced before the Inspector issues a Permit.

3. Re-Inspection Fee

a. Where it has been determined by the Inspector that due to non-compliance with the provisions of this bylaw or more than two inspections are necessary for each type of inspection, the Fee for each inspection after the second inspection shall be in accordance with Fees and Charges Bylaw No. 958.

4. Special Inspection Fees

a. For a special inspection during normal working hours to establish the condition of a Building, or where an inspection requires special arrangements because of time, locations, or Construction techniques, the additional Fee for each such inspection shall be in accordance with Fees and Charges Bylaw No. 958.

b. Where there is a request for a required Permit inspection for Building Bylaw compliance which cannot be carried out during normal working hour, a Fee as per Fees and Charges Bylaw No. 958, including travelling time, shall be charged. The minimum inspection Fee is 4 hours.

5. Permit Transfer or Assignment Fee

a. For the transfer or assignment of a Building Permit or an application for a Building Permit, when requested in writing by the applicant pursuant to Section 4.1 an additional Fee shall be paid in accordance with Fees and Charges Bylaw No. 958.

6. Security Deposits

a. Where construction or demolition activity may damage Town property, a security deposit shall be paid at the time the building permit is issued. The Security deposit shall be refunded if: i. there is no damage to Town of View Royal property; ii. no invoice is issued to cover the cost of repair to the Town of View Royal property; and iii. an occupancy permit is issued.

b. For the construction of a single family or two family dwelling the damage deposit is in accordance with Fees and Charges Bylaw No. 958.

c. All multiple family residential, commercial and mixed use project damage deposits are determined within a servicing agreement.

7. Plumbing Permits

a. Fees for plumbing permits are set out within Fees and Charges Bylaw No. 958.

b. A Permit for plumbing work expires at the end of one (1) year unless renewed.

8. Sewer and Storm Drain Permits

a. Fees for sewer and storm drain permits are set out within Fees and Charges Bylaw No. 958.

b. A Permit to Construct or alter or extend a Building sanitary sewer, Building storm drain or a subsoil drainage system is valid for a period of one (1) year after issue and the work authorized must be carried out within such period. In the event that such work is not completed within such period, then it is necessary to renew the Permit.”

(v) Section 5.1.a of Safe Premises Bylaw No. 652, 2007 is hereby deleted and replaced by the following:

“the owner has paid the Special Safety Inspection Fee as described in Fees and Charges Bylaw No. 958.”

(w) Schedule A of said bylaw No. 652 is hereby deleted.

(x) Section 3.18 of Animal Control Bylaw No. 614, 2005 is hereby deleted and replaced with the following:

“Fees pursuant to this Bylaw are set out in Fees and Charges Bylaw No. 958.”

(y) Section 6.2 of said bylaw No. 614 is hereby deleted and replaced with the following:

“Every owner of a dog must in each licencing year apply for a dog licence by March 1st each year and pay the fee set out in Fees and Charges Bylaw No. 958 and provide the name, breed, colour and sex of the dog and state whether the dog has been neutered or spayed.

(z) Schedule A of said bylaw No. 614 is hereby deleted.

(aa) Section 14.5 of Business License and Regulation Bylaw No. 952, 2016 is hereby deleted and replaced with the following:

“No person shall transfer a place of business without first making an application to the License Inspector. After receiving an application and payment of a fee as specified within Fees and Charges Bylaw No. 958 and subject to the approval of the License Inspector, the license will be transferred.”

(bb) Section 15 (but not the subsections) of said Bylaw No. 952 is hereby deleted and replaced with the following:

“Every person who applies for a Business License shall pay at the time of application, the applicable license fee as prescribed in Fees and Charges Bylaw No. 958 provided that:”

(cc) Section 18(2) of said Bylaw No. 952 is hereby deleted and replaced with the following:

“If a Business License is not renewed as required by part 3 Section 15(1) a licensee who wishes to continue to carry on the business shall submit an application form in accordance with part 3 and shall pay an additional license fee as specified in Fees and Charges Bylaw No. 958.”

(dd) Schedule A of said Bylaw No. 952 is hereby deleted.

(ee) Section 3.d of Development Procedures Bylaw No. 730, 2009 is hereby deleted and replaced with the following:

“accompanied by the application fee set out in Fees and Charges Bylaw No. 958 for that type of application, including any applicable large projects fee.”

(ff) Section 6.4.a of said Bylaw No. 730 is hereby deleted and replaced with the following:

“A deposit as specified in Fees and Charges Bylaw No. 968 to cover the costs of processing, advertising and administration incurred by the Municipality that are related to the application to which a public hearing is required.”

(gg) Section 6.4.b of said Bylaw No. 730 is hereby deleted and replaced with the following:

“Additional deposits in increments as described in Fees and Charges Bylaw No. 958 shall be paid as required to cover costs detailed in 9(a) which exceed or are expected by the Director of Development Services to exceed the initial deposit required by Fees and Charges Bylaw No. 958.”

(hh) Section 6.4.e of said Bylaw No. 730 is hereby deleted and replaced with the following:

“In cases where the amount on deposit, as specified within Fees and Charges Bylaw No. 958 is more than the costs actually incurred by the Municipality, the Treasurer shall refund the excess deposit to the applicant.”

(ii) Section 6.4.f of said Bylaw No. 730 is hereby deleted and replaced with the following:

“In cases where the amount on deposit as specified in Fees and Charges Bylaw No. 958 is less than the costs actually incurred by the Municipality, the Treasurer shall bill the excess costs to the applicant.”

(jj) Schedule A of said Bylaw No. 730 is hereby deleted.

(kk) Section 4 (the first two paragraphs) of “Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009” is hereby deleted and replaced with the following:

“The service fees for garbage and household food waste collection are hereby imposed upon occupants as per the fees detailed in Fees and Charges Bylaw No. 958.

A new dwelling unit acquiring occupancy after January 1st of any year shall be charged in accordance with Fees and Charges Bylaw No. 958, prorated monthly from the occupancy permit date.”

(ll) Section 8 (paragraph 1) of said Bylaw No. 745 is hereby deleted and replaced with the following:

“An occupant may apply to the Town for an increased level of service in order to have waste collected from the garbage and household food waste containers placed beside the home or garage on the dwelling unit premises, rather than at the curbside, for an increased service fee as per Fees and Charges Bylaw No. 958.”

(mm) Schedule A of said Bylaw No. 745 is hereby deleted.

(nn) Section 25 of Bylaw No. 397 is hereby deleted and replaced with the following:

“At the time of making an application for a Sewer Connection, the Applicant must pay the Service Connection fee as prescribed in Fees and Charges Bylaw No. 958.”

(oo) Section 26.c of said bylaw No. 397 is hereby deleted and replaced with the following:

“The sewer user charge shall be calculated in accordance with Fees and Charges Bylaw No. 958.”

(pp) Section 26.f (but not the subsections) of said bylaw No 397 is hereby deleted and replaced with the following:

“Premises connected to the sewer system after January 1st of any year shall pay a sewer user fee in accordance with Fees and Charges Bylaw No. 958 where:”

(qq) Section 1 of Schedule D of said bylaw No. 397 is hereby deleted and replaced by the following:

“The annual consumption sewer user charge for any premises is calculated by multiplying the per cubic meter water usage, provided by Capital Regional District Water Services, for the period and amount specified within Fees and Charges Bylaw No. 958.”

(rr) Section 2 of Schedule D of said bylaw No. 397 is hereby deleted and replaced by the following:

“The annual base sewer user charge for any premises is calculated by multiplying the Single Family Dwelling unit Equivalent by the fee specified in Fees and Charges Bylaw No. 958 in accordance with the description and equivalents set out in section 3.”

(ss) Section 2.e of Storm Water Regulation Bylaw No. 902, 2015 is hereby deleted and replaced by the following:

“pay all inspection and other fees as set out in Fees and Charges No. 958.”

(tt) Schedule A of said bylaw No. 902 is hereby deleted.

(uu) Section 47.4 of Streets and Traffic Regulation Bylaw No. 609, 2005 is hereby deleted and replaced by the following:

“For each detention, removal and impoundment, the person entitled to possession of the chattel, obstruction or thing must pay to the Town, or its agent the detention, removal or impoundment fee as described within Fees and Charges Bylaw No. 958.”

(vv) Section 16.1.g of Tree Protection Bylaw No. 695, 2009 is hereby deleted and replaced by the following:

“at the Director’s sole discretion, the applicant may be permitted to pay:

• the amount specified within Fees and Charges Bylaw No. 958 per protected replacement tree as defined in Section 2, item I) or
• the amount specified in Fees and Charges Bylaw No. 958 per protected replacement tree as defined in Section 2, items a) to m), excluding item I).

(ww) Section 20.1 of said bylaw No. 695 is hereby deleted and replaced with the following:

“An application for a tree permit shall be accompanied by the fee set out in Fees and Charges Bylaw No. 958.”

(xx) Schedule C of said bylaw No. 695 is hereby deleted.

(yy) Section 8.1 of False Alarm Bylaw No. 658, 2007 is hereby deleted and replaced by the following:

“For the first false alarm there will be a fee charged as per the Fees and Charges Bylaw No. 958 and the Officer in Charge or Fire Chief may cause a notice to be sent to the owner and occupier of the property in which the alarm system is installed advising of the occurrence of the false alarm and of the consequences, which may arise if further false alarms occur.”

(zz) Section 8.2 of said bylaw No. 658 is hereby deleted and replaced by the following:

“For the second false alarm in any twelve (12) month period from the date of the first false alarm, the fee is as per Fees and Charges Bylaw No. 958 and the Officer in Charge or Fire Chief may cause a notice to be sent to the owner and occupier of the property in which the alarm system is installed advising of the occurrence of the false alarm and of the consequences, which may arise if further false alarms occur.”

(aaa) Section 8.3 of said bylaw No. 658 is hereby deleted and replaced by the following:

“For the third and subsequent false alarms in any twelve (12) month period from the date of the first false alarm, the fee is as per Fees and Charges Bylaw No. 958.”

(bbb) Section 4.1.d of Schedule F of Fireworks Regulation Bylaw No. 640, 2006 (fee for Display Fireworks Permit) is hereby deleted and replaced with the following:

“As per Fees and Charges Bylaw No. 958”

(ccc) Section 6.1.a of Schedule F of Fireworks Regulation Bylaw No. 640, 2006 (cost recovery charge for Pyrotechnics Fire Safety Plan Review) is hereby deleted and replaced with the following:

“As per Fees and Charges Bylaw No. 958”

(ddd) Schedule A of Secondary Suites Permit Bylaw No. 601, 2005 is hereby deleted.

(eee) Section 3.1 of said Bylaw No. 601 is hereby deleted and replaced with the following:

“Every person wishing to obtain a permit for a secondary suite must do so by making an application in the prescribed form to the Clerk, providing a statutory declaration as to the owner-occupancy of the suite in the prescribed form, and paying the fee set out in Fees and Charges Bylaw No. 958.”

(fff) Section 5.1 of said Bylaw No. 601 is hereby deleted and replaced with the following:

“A secondary suite permit must be renewed annually before March 1, and each renewal application must be accompanied by a statutory declaration as to owner-occupancy and the renewal fee set out in Fees and Charges Bylaw No. 958. If a permit lapses as a result of the permit holder failing to renew by March 1, a new application and permit fee are required.”

3. Schedule “A”

The fees and charges set out in Schedule “A” attached hereto and forming part of the Bylaw are hereby imposed.

READ A FIRST TIME THIS 13th DAY OF DECEMBER, 2016 READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2016 READ A THIRD TIME THIS 13th DAY OF DECEMBER, 2016 ADOPTED THIS 17th DAY OF JANUARY, 2017

MAYOR

CORPORATE OFFICER