Off-site Levies Regulation

(Consolidated up to 101/2021) ALBERTA REGULATION 187/2017 Municipal Government Act OFF‑SITE LEVIES REGULATION Table of Contents 1 Definition 2 Application generally 3 General principles 3.1 Transportation infrastructure — general principles Off‑site Levy Bylaws 5 Additional principles and criteria for determining off‑site levy costs 5.1 Additional principles and criteria to apply to transportation infrastructure 6 Additional principles and criteria to apply to s648(2.1) facilities 7 Additional principles and criteria to apply to s648.01 intermunicipal off‑site levies Off‑site Levy Bylaw Appeals 10 Who may appeal 11 Appeal period 12 Form of appeal 13 Consolidation of appeals 14 No stay of off‑site levy Sale of Facilities 15 Consultation on proposed sale 16 Proceeds of sale 17 Repeal 17.1 Expiry 18 Coming into force Definition 1 In this Regulation, “transportation infrastructure” means infrastructure referred to in section 648(2)(c.2) of the Act and any land required for or in connection with that infrastructure. AR 187/2017 s1;53/2018;101/2021 Application generally 2 A municipality, in establishing an off‑site levy (a) for the purposes of section 648(2)(a) to (c.1) of the Act and any land required for or in connection with these purposes, must apply the principles and criteria specified in section 648.2 of the Act and sections 3 and 5, (a.1) for the purposes of section 648(2)(c.2) of the Act and any land required for or in connection with these purposes, must apply the principles and criteria specified in section 648.2 of the Act and sections 3, 3.1, 5 and 5.1, (b) for the purposes of section 648(2.1) of the Act, must apply the principles and criteria specified in section 648.2 of the Act and sections 3, 5 and 6, and (c) for the purposes of section 648.01 of the Act, must apply the principles and criteria specified in section 648.2 of the Act and sections 3, 5 and 7. AR 187/2017 s2;53/2018;101/2021 General principles 3 (1) Subject to section 3.1, the municipality is responsible for addressing and defining existing and future infrastructure, transportation infrastructure and facility requirements. (2) The municipality may, where necessary and practicable, coordinate infrastructure, transportation infrastructure and facilities provisions with neighbouring municipalities. (3) Notwithstanding anything to the contrary in this Regulation, the off-site levy is of no effect to the extent it directs the Government of Alberta to expend funds, to commit to funding transportation infrastructure or arrangements to undertake particular actions or to adopt particular policies or programs. (4) A municipality must not compel an applicant for a development permit or subdivision approval to fund the cost of the construction of infrastructure, transportation infrastructure or facilities to be funded by an off‑site levy beyond the applicant’s proportional benefit. AR 187/2017 s3;53/2018;101/2021 Transportation infrastructure — general principles 3.1 (1) The municipality, in consultation with the Minister responsible for the Highways Development and Protection Act , is responsible for defining the need, standards, location and staging for new or expanded transportation infrastructure. (2) All transportation infrastructure constructed must adhere to the standards, best practices and guidelines acceptable to the Minister responsible for the Highways Development and Protection Act and are subject to that Minister’s approval. AR 53/2018 s5 Off‑site Levy Bylaws 4 Repealed AR 101/2021 s6. Additional principles and criteria for determining off‑site levy costs 5 (1) In determining the basis on which an off‑site levy is calculated, the municipality must, at a minimum, consider and include or reference the following in the bylaw imposing the off-site levy: (a) a description of the specific infrastructure, facilities and transportation infrastructure; (b) a description of each of the benefitting areas and how those areas were determined; (c) supporting studies, technical data and analysis; (d) estimated costs and mechanisms to address variations in cost over time. (2) There must be a correlation between the off-site levy and the benefits to new development. AR 187/2017 s5;53/2018;101/2021 Additional principles and criteria to apply to transportation infrastructure 5.1 (1) In calculating an off‑site levy imposed pursuant to section 648(2)(c.2) of the Act, the municipality must take into consideration the following: (a) supporting traffic impact assessments or other applicable technical studies; (b) statutory plans; (c) policies; (d) agreements that identify (i) the need for and benefits from the new transportation infrastructure, (ii) the anticipated growth horizon, and (iii) the portion of the estimated costs of the transportation infrastructure that is not covered by the Crown that is proposed to be paid by (A) the municipality, (B) the revenue raised by the off‑site levy, and (C) other sources of revenue; (e) any other relevant documents. (2) In addition to the principles and criteria set out in section 648.2 of the Act and sections 3, 3.1 and 5, the additional criteria set out in subsections (1), (3) and (4) apply when determining an off‑site levy for transportation infrastructure. (3) Once the need for transportation infrastructure has been identified by a municipality in consultation with the Minister responsible for the Highways Development and Protection Act , the municipality (a) must determine the benefitting area, and (b) must base the benefitting area on a reasonable geographic area for the use of the transportation infrastructure. (4) An off‑site levy under this section must apply proportionally to a benefitting area determined under subsection (3). AR 53/2018 s8;101/2021 Additional principles and criteria to apply to s648(2.1) facilities 6 (1) In calculating an off‑site levy imposed pursuant to section 648(2.1) of the Act, the municipality must take into consideration supporting statutory plans, policies or agreements and any other relevant documents that identify (a) the need for and anticipated benefits from the new facilities, (b) the anticipated growth horizon, and (c) the portion of the estimated cost of the facilities that is proposed to be paid by each of (i) the municipality, (ii) the revenue raised by the off‑site levy, and (iii) other sources of revenue. (2) In addition to the criteria set out in subsection (1), the principles and criteria set out in section 648.2 of the Act and sections 3 and 5 apply when determining an off‑site levy for the facilities referred to in section 648(2.1) of the Act. (3) The municipality has the discretion to establish service levels and minimum building and base standards for the proposed facilities. AR 187/2017 s6;101/2021 Additional principles and criteria to apply to s648.01 intermunicipal off‑site levies 7 (1) In calculating an off‑site levy imposed on an intermunicipal basis pursuant to section 648.01 of the Act, each participating municipality must use a consistent methodology to calculate the off‑site levy and each bylaw imposing the levy must (a) identify the same specific infrastructure, transportation infrastructure and facilities, (b) identify the same benefitting area across participating municipalities for the specific infrastructure, transportation infrastructure and facilities, and (c) identify the portion of benefit attributable to each participating municipality within that benefitting area. (2) In addition to the criteria set out in subsection (1), the principles and criteria set out in section 648.2 of the Act and sections 3 and 5 apply when determining an intermunicipal off‑site levy referred to in section 648.01 of the Act. (2.1) In addition to the criteria set out in subsection (1), the principles and criteria set out in sections 3.1 and 5.1 apply when determining an intermunicipal levy for transportation infrastructure referred to in section 648(2)(c.2) of the Act. (3) In addition to the criteria set out in subsection (1), when determining an intermunicipal levy referred to in section 648.01 of the Act for facilities referred to in section 648(2.1) of the Act, the principles and criteria set out in section 6 apply. AR 187/2017 s7;53/2018;101/2021 8 Repealed AR 101/2021 s11. 9 Repealed AR 101/2021 s11. Off‑site Levy Bylaw Appeals Who may appeal 10 (1) Pursuant to section 648.1 of the Act, any person who is directly affected by a bylaw imposing an off‑site levy for a purpose referred to in section 648(2) and (2.1) of the Act may submit a notice of appeal to the Land and Property Rights Tribunal. (2) Subsection (1) and sections 11 to 14 apply where the bylaw referred to in subsection (1) is made on or after the day this section comes into force. (3) Where a person is directly affected by a bylaw referred to in subsection (1) that was made before the day this section comes into force, sections 10 to 14 of this Regulation as it read immediately before the coming into force of this section apply to that person. AR 187/2017 s10;53/2018;101/2021 Appeal period 11 An appeal must be submitted to the Land and Property Rights Tribunal within 90 days of the day on which the bylaw imposing the off‑site levy was passed. AR 187/2017 s11;101/2021 Form of appeal 12 (1) A notice of appeal under section 10 must (a) identify the municipality or municipalities that passed the bylaw that is objected to, (b) identify how the appellant is directly affected by the bylaw that is objected to, (c) set out the grounds on which the appeal is made, and (d) contain a description of the relief requested by the appellant, (e), (f), (g) repealed AR 101/2021 s15. (2) If a notice of appeal does not comply with subsection (1), the Land and Property Rights Tribunal must reject it and dismiss the appeal. AR 187/2017 s12;101/2021 Consolidation of appeals 13 Where there are 2 or more appeals commenced in accordance with section 10, the Land and Property Rights Tribunal may (a) consolidate the appeals, (b) hear the appeals at the same time, (c) hear the appeals consecutively, or (d) stay the determination of the appeals until the determination of any other appeal. AR 187/2017 s13;101/2021 No stay of off‑site levy 14 (1) The municipality may continue to impose and collect an off-site levy even if the bylaw imposing the off-site levy is subject to an appeal under section 10(1). (2) During the appeal period or pending the determination of an appeal of the bylaw imposing the off‑site levy by the Land and Property Rights Tribunal, any off‑site levy received under that bylaw by the municipality must be held in a separate account for each type of facility. (3) The municipality must not use off‑site levy funds received while the bylaw imposing the off‑site levy is subject to an appeal under section 10 until the appeal has been determined by the Land and Property Rights Tribunal. AR 187/2017 s14;101/2021 Sale of Facilities Consultation on proposed sale 15 The municipality must engage in public consultation prior to the sale of any facilities constructed using off‑site levy funds. AR 187/2017 s15;101/2021 Proceeds of sale 16 The proceeds of the sale of a facility constructed using off‑site levy funds must be used for the purpose for which the off‑site levy was originally collected. AR 187/2017 s16;101/2021 Repeal 17 The Principles and Criteria for Off‑site Levies Regulation (AR 48/2004) is repealed. Expiry 17.1 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2031. AR 101/2021 s20 Coming into force 18 This Regulation comes into force on the coming into force of sections 104, 105 and 131(b) of the Modernized Municipal Government Act and section 1(60)(a) of An Act to Strengthen Municipal Government .