The Local Government Act contains a number of
tools that can be used to protect environmentally sensitive areas from
development. Some of the key tools are
discussed on other pages (go to the main Local Government
Act page for further
direction). However, this page brings
together a few miscellaneous tools that may be of interest to watershed
protection advocates.
Development Cost Charges Bylaws
Development cost charge (DCCs) bylaws allow local governments to collect
funds from developers to offset some of the costs that municipalities would
otherwise have to pay for new infrastructure for new development. If a local government has adopted a DCC
bylaw, DCCs are payable by every person who obtains approval of a subdivision
or a building permit. Exceptions to
this requirement are places of worship, for developments of less than four
dwelling units, where the value of the work does not exceed $50,000, and where
the development does not impose a new capital cost burden on the
municipality. DCCs maybe used for
sewage, water, drainage and highway facilities, other than off-streetparking
facilities, and for parkland that services, directly or indirectly, the development
for which the charge is being imposed.
Infrastructure costs are higher for greenfield developments at the urban
fringe than for compact developments in already-serviced areas. In theory, DCC’s for projects in
already-serviced areas should be less than for greenfield developments, thus
encouraging more compact development.
DCCs in urban centres should be lower than, or comparable to, DCCs in
outlying communities in order for this incentive for more compact communities
to work. Citizens can work with their
local government to ensure that DCC bylaws and calculation methods reflect the
true cost of providing infrastructure for different types of development.
Temporary
Commercial and Industrial Use Permits
Temporary commercial and industrial use permits can temporarily vary
zoning bylaws to accommodate industrial or commercial uses in a specific
area. Local governments must
designate temporary commercial and industrial use permit areas and specify
general conditions regarding their issue, in either an OCP or a zoning bylaw,
in order to use this power. The permit expires after two years, and may be
renewed once. As a condition of
the issue of a permit, a local government may require the owner of the land to
give an undertaking to demolish or remove a building or structure, and restore
land to a condition specified in the permit by a specific date. Though
these permits are useful for genuine temporary uses, they have been used for
industrial users to get a toehold into an area, and then seek a rezoning of the
property.
Petitions
A local government can build a new service or
amenity for a particular neighbourhood and then charge that neighbourhood extra
taxes to pay for the new service.
Neighbours who would be affected by the extra
charges can petition council not to proceed with the new services. If the petitioners can sign up a majority of
the owners affected who hold over 50% of the value of the properties subject to
the extra charges, then the council cannot impose the extra charges on the
neighbourhood. As a result, the new
services cannot be provided unless the council comes up with funding from other
sources.
Conversely, a neighbourhood that wants a new
service (including a park) can petition the council to provide the service,
agreeing in advance to extra charges that will pay for the new service. As with a petition against a new service, if
the petitioners sign up a majority of the owners who would be affected and who
hold over 50% of the value of the properties who will be subject to the new
charges, then the Council may provide the new work or service and pay for it
using extra charges on the neighbours.
Council is not required, after receiving a petition, to provide the new
work or service; however, with evident
political support and a guarantee that the costs can be covered through
additional taxes, it may be politically difficult for a council to refuse to do
so.
Counter Petitions
For certain proposed local government bylaws, actions
or other matters, local governments must offer a counter petition opportunity
to citizens. A counter petition is an
opportunity for citizens to oppose a proposed action. If a counter petition is certified as having been signed by at
least 5% of the electors of the area to which the counter petition opportunity
applies, the local government must not proceed with the proposed bylaw, action
or other matter unless it receives the assent of the electors (by holding a
referendum). Where a local government
is required to provide a counter petition opportunity, the local government may
instead seek the assent of electors.
Notice of a counter petition opportunity must be
published in at least 2 issues of a newspaper, with the second publication
at least 30 days before the deadline for submission of the counter petition to
the local government.
Counter petition opportunities must be provided for
certain types of council decisions, including:
·
Extension or Reduction of municipal area;
·
Selling of utilities and water and sewer systems;
·
Power to reserve municipal land for public purpose;
·
Power to dedicate municipal land for public purpose and
exchange of dedicated land;
·
Establishment of municipal forest reserve;
·
Exemptions for riparian property over one year;
·
Tax exemptions under a partnering agreement;
·
Municipal policy that works must be undertaken as local
improvements; and
·
Development works agreements with private developers.
The Provincial government is currently considering
“Community Charter” legislation which would increase the number of voters who
would need to be signed up on a counter petition from 5% to 10%.
Conservation Covenants
Conservation
covenants, created under the Land Title Act, are often used by local governments to protect
privately owned land. A conservation
covenant is a written agreement between a landowner and a “covenant holder”
that certain features of the land (including environmental features) will not
be harmed. A conservation covenant can be held by a local government or by a
non-governmental conservation group (among others).
Conservation
covenants can be required by local governments as a condition of rezoning, density bonus, subdivision or development permits to protect ecologically sensitive land. A land owner can also enter into a covenant
voluntarily.
Related Guide Pages:
·
Local Government Act
·
Local Government Planning
·
Implementation of Local Government
Plans
For more information on tools under the Local
Government Act see:
·
Greening Your Title – A Guide to Best Practices for Conservation
Covenants. Ann Hillyer and Judy Atkins (Vancouver: WCELRF, 2000).
·
Here
Today, Here Tomorrow: Legal Tools For The Voluntary Protection of Private Land
in British Columbia Barbara Findlay and Ann Hillyer (Vancouver: WCELRF, 1994).
·
Leaving
a Living Legacy: Using Conservation Covenants in British Columbia. West Coast Environmental Law
Association. 1996.
·
Development
Cost Charges: Best Practices Guide and Using the
Counter Petition Process on the Ministry
of Community, Aboriginal and Women’s Services website.
