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508 Latecomer Charges And Cost Recovery For Excess Or Extended Services

In This Volume

508 (1) If the owner is required under section 507(3)(b) to pay all or part of the costs of excess or extended services, the municipality or regional district must

  • (a) determine the proportion of the cost of providing the highway or water, sewage or drainage facilities that it considers constitutes the excess or extended services,
  • (b) determine which part of the excess or extended services that it considers will benefit each of the parcels of land that will be served by the excess or extended services, and
  • (c) impose, as a condition of an owner connecting to or using the excess or extended services, a charge related to the benefit determined under paragraph (b).
  • (2) If the owner pays all or part of the costs of excess or extended services, the municipality or regional district must pay the owner
  • (a) all the latecomer charges collected under subsection (1)(c), if the owner pays all the costs, or
  • (b) a corresponding proportion of all latecomer charges collected, if the owner pays a portion of the costs.
  • (3) If the municipality or regional district pays all or part of the costs of excess or extended services, it may recover costs
  • (a) by a latecomer charge under subsection (1)(c),
  • (b) by a tax imposed in accordance with Division 5 of Part 7 of the Community Charter, other than section 211(1) of that Act, or
  • (c) by fee imposed in accordance with section 397 of this Act or section 194 of the Community Charter.
  • (4) A latecomer charge must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.
  • (5) Subject to subsection (6), latecomer charges must be collected during the period beginning when the excess or extended services are completed, up to
  • (a) a date to be agreed on by the owner and the local government, or
  • (b) if there is no agreement, a date determined under the Arbitration Act.
  • (6) No latecomer charges are payable as follows:
  • (a) if there is a phased development agreement that is directly related to the construction and installation of the excess or extended services, beyond 15 years from the date the services are completed or the end of the phased development agreement, whichever is later;
  • (b) in any other case, beyond 15 years from the date the services are completed.
  • (7) If an owner, in accordance with a bylaw under section 506, provides a highway or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.

1987-14-46; 1999-37-210, effective September 28, 1999 (B.C. Reg. 301/99); 2003-52-397, effective January 1, 2004 (B.C. Reg. 465/2003); 2006-3-19; 2010-6-122; 2011-25-481, effective March 18, 2013 (B.C. Reg. 131/2012); RSBC 2015-1-508, effective January 1, 2016 (B.C. Reg. 257/2015).