RS CHap. 290 MUNICIPAL

(6) A development cost charge is not payable where
. (a) the development does not impose new capital cost burdens on the munici-
S e C ; pality, regional district or greater board, or /
~ (b) a development cost charge has previously been paid for the same develop-
O % S ment unless, as a result of further development, new capital cost burdens
D . will be imposed on the municipality, regional district or greater board.
a (c) [Repealed 1987-14-40. ]

(7) Notwithstanding a bylaw under subsection (2), where a local government has

imposed a charge or made a requirement under

(a) section 642,

(b) Division (7), or

. (c) section 729 before the repeal of that section became effective,

for park land or for specific works and services outside the boundaries of land being
subdivided or developed, that are included in the calculations used to determine the
amount of a development cost charge, the amount of the charge imposed or the value of
the requirement made under section 642, Division (7) or section 729, as the case may be,
shall be deducted from those classes of development cost charges which are applicable to
the types of works and services or the park land for which the charge was imposed or the
requirement was made.

(8) Notwithstanding a bylaw under subsection (2), where an owner has, with the
approval of the local government, provided or paid the cost of providing specific works
and services outside the boundaries of land being subdivided or developed, that are
‘ncluded in the calculations used to determine the amount of a development cost charge,
the cost of the works and services shall be deducted from those classes of development
cost charges which are applicable to the works and services.

(9) (Repealed 1987-14-40, |

(10) Where a board or greater board has the responsibility of providing a work,
service or park land referred to in subsection (2) in a participating member municipality,
the board or g ‘eater board may by bylaw under subsection (2), impose a development cost
charge that is applicable within that murticipality.

(11) Where a board or greater board had, before this section came into force,
adopted a bylaw that it would have been empowered to adopt had this section been in
force at the time the bylaw was adopted, that bylaw is conclusively deemed by this
subsection to have been validly adopted at the time that it was adopted.

(12) The municipality shall collect and remit the development cost charge imposed
under subsection (10) to the regional district or greater board in the manner provided for
in the bylaw.

1985-79-8; (987-1440.

Fixing of development cost charges

984. (1) A bylaw that imposes a development cost charge shall specify the
amount of the charge in a schedule or schedules of development cost charges, and the
charges may vary with respect to

(a) different zones or different defined or specified areas.
(b) different uses,
(c) different capital costs as they relate to different classes of development,
and
Nov, 2, 1987