TOWN OF VIEW ROYAL BYLAW NO. 1020: A Bylaw to Reduce Development Cost Charges for Not-for-Profit Rental Housing

TOWN OF VIEW ROYAL BYLAW NO. 1020

A Bylaw to Reduce Development Cost Charges for Not-for-Profit Rental Housing

WHEREAS Council is permitted by Section 563 of the Local Government Act to waive or reduce a development cost charge by bylaw for eligible developments that constitute not-for-profit rental housing, including supportive living housing;

WHEREAS Council wishes to provide for a reduction of a development cost charge for the not-for-profit rental housing located at 1910 West Park Lane and 1920 West Park Lane;

NOW THEREFORE the Council of the Town of View Royal in open meeting assembled enacts as follows:

TITLE

This bylaw may be cited as “Not-for-Profit Rental Housing Development Cost Charges Reduction Bylaw No. 1020, 2019”.

ELIGIBLE DEVELOPMENT

For the purposes of this bylaw, the not-for-profit rental housing located at 1910 West Park Lane and 1920 West Park Lane and legally described as Lot B, Sections 97 and 98, Esquimalt District, Plan EPP92346, PID: 030-812-127 constitutes an eligible development.
To be eligible for the reduction, the owner of the not-for-profit rental housing referenced in section 2 shall meet the following conditions: (a) Enter into an agreement specifying the affordable use of the units for a period of at least 25 years from the date of occupancy be registered as a covenant in favour of the Town of View Royal under Section 219 of the Land Title Act. (b) In order to remain eligible at least 51% (including shelter rate units) of the units in the project must be "Affordable" by meeting the "Affordability Criteria" definition, as defined by Canada Mortgage and Housing Corporation. (c) The owner of the Eligible Development for which Development Cost Charges (DCC) were reduced pursuant to this bylaw shall provide verification, as and when required by the Town of View Royal, that the units granted the DCC reduction continue to be used as affordable rental housing.
A reduction of development cost charges granted under this bylaw is subject to the condition that if at any time during the period of the Section 219 Covenant referenced in section 3, a dwelling unit no longer meets the definition of “affordable” rental housing or no longer fulfills the conditions in section 3: (a) It shall no longer be an eligible development under this bylaw, and (b) The owner of the land shall be liable for repayment of development cost charges in accordance with section 6.

REDUCTION

Dwelling units that meet the definition of not-for-profit rental housing in this bylaw and are eligible developments as defined in section 3 will have the applicable Town of View Royal development cost charge payable reduced by $207,230.

REPAYMENT

In the event that any units for which DCCs were reduced pursuant to this bylaw cease being used for affordable rental housing within a period of 25 years from the date an occupancy permit is granted, the reduced DCC fees will become payable for all units in the development at the then current rate.

PERPETUAL REDUCTION

Once the period of the Housing Agreement has concluded, being a period of not less than 25 years, the development cost charges that would have applied to the original construction of the dwelling units that were part of the eligible development are thereafter reduced in perpetuity and unconditionally.

FURTHER DCCS PAYABLE

Despite section 7, an application for further or additional development of the land in respect of which development cost charges have been reduced under this bylaw shall pay development cost charges that may be payable under a bylaw, as a result of such further or additional development during or after the term of the Housing Agreement, calculated in accordance with the bylaws applicable at the time of application for a development approval.

SEVERABILITY

If any part, paragraph or phrase in this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, that portion shall be severed and the remainder of this bylaw shall continue in force.

READ A FIRST TIME THIS 2nd DAY OF APRIL, 2019.

READ A SECOND TIME THIS 2nd DAY OF APRIL, 2019.

READ A THIRD TIME THIS 2nd DAY OF APRIL, 2019.

THIRD READING RESCINDED THIS 21st DAY OF JANUARY, 2020.

READ A THIRD TIME THIS 21st DAY OF JANAURY, 2020 AS AMENDED.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS DAY OF , 2020.

TOWN OF VIEW ROYAL BYLAW NO. 1020: A Bylaw to Reduce Development Cost Charges for Not-for-Profit Rental Housing