LOCAL IMPROVEMENT PROJECTS
Community Charter Provisions — Part 7, Division 5
The requirements for Local Improvements projects are contained in Part 7, Division 5 of the Community Charter (formerly, provisions were contained in Part 19 of the Local Government Act.)
Sections 210 and 216 of the Community Charter state in part that a local area service is a municipal service that is to be paid for in whole or in part by property owners in that area, through a local service tax. The services that may be provided as local area services are:
a) Services that the Council considers provide particular benefit to part of the municipality, and
b) Business improvement area services under section 215 of the Community Charter
(Examples of services that council considers provide particular benefit to part of the municipality include sewer pipe installation, sidewalk construction, underground wiring, pavement and other improvements.)
Council must adopt a bylaw to establish a local area service, and may only do this in one of three ways:
1. the service and its cost recovery methods are requested by a petition of the benefiting owners (Section 212, Community Charter)
2. the service and its cost recovery methods are proposed by Council initiative subject to petition against the proposed work (Section 213)
3. the service and its cost recovery methods have been proposed by Council initiative and has received assent of the electors in a referendum (Section 214)
A. Petition for Local Area Service (Section 212
Owners of parcels that would be subject to the local service tax for the service
may petition Council to establish a local area service.
Each page of the petition for a local area service must include the following information:
• describe the service (in general terms);
• define the boundaries of the local service area;
• provide an estimate of the costs of the service;
• if it is proposed that the municipality borrow for the service and all or part of the costs of the borrowing are to be recovered by means of the local service tax, indicate
(i) the total amount proposed to be borrowed under the bylaw,
(ii) the maximum term for which the debentures may be issued, and
(iii) the portion of those costs that are to be recovered by a local service tax;
• indicate the proposed methods of cost recovery for the service, including the form of tax and the portion of the costs of the service that are to be recovered by the tax;
• if applicable, indicate what portion of the costs are proposed to be recovered by a general municipal tax;
• include any other information that Council requires.
Petitions must be submitted to the Corporate Officer (Municipal Clerk) who must determine the “sufficiency and validity” of the petition — this is done by checking them for sufficient numbers of owners having signed the petition, and percent of properties represented. After the clerk has certified the petition, no one may withdraw his or her name from the petition and no name may be added to the petition.
In order for a petition for a local area service to be certified as sufficient and valid,
• the petition must be signed by the owners of at least 50% of the parcels that would be subject to the local service tax, and
• the persons must be the owners of parcels that in total represent at least 50% of the assessed value of land and improvements that would be subject to the local service tax
If 2 or more persons are owners of a parcel:
• they must be considered as one owner only,
• they are not entitled to petition unless a majority of them concurs, and
• unless a petition is signed by a majority of them, their signatures must be disregarded in determining whether the petition is sufficient
A person who would be liable for a local service tax by reason of being the holder or occupier of land held in the manner referred to in Division 8 [ Liability of Occupiers] of this Part may sign the petition as if the person were the owner. In computing the values of the land and improvements, only the assessed value of the person’s interest in them is to be used.
B. Local Area Service on Council Initiative — Subject to Petition Against (Section213)
If a council proposes to undertake a local area service on its own initiative in accordance with this section, it must give notice of this intention:
• in accordance with section 94 [ notice], and
• to the owners of parcels that would be subject to the local service tax.
The notice must include:
• the information required under section 212 (2) [ requirements for petition],
• if the council is proposing that all or part of the costs may be waived or reduced in accordance with section 201(3) [ subject to parcel tax], the amount that the property owner will be required to pay for this purpose, and
• a statement indicating that the council may proceed with establishing the service unless a petition against the service is presented within 30 days after notice has been given in accordance with this section.
The corporate officer must mail the notice to the applicable address as set out in the last authenticated assessment roll.
Council may proceed with the local area service in accordance with the notice unless it receives a sufficient petition against the service within 30 days after the second publication.
Section 212 (3) to (6) [rules respecting petitions for local service] applies to a petition under this section.
If a council has been prevented from undertaking a local area service because of a petition under this section, the council must not propose the same service on its own initiative within a period of one year after the presentation of the petition.
As an exception to the previous statement, a council may again propose a local area service on its own initiative within the period referred to in that subsection if the service is varied from or less expensive than that originally proposed to be undertaken.
C. Local area service on council initiative — subject to elector assent (Section 214)
If a council proposes to undertake a local area service on its own initiative in accordance with this section, the bylaw establishing the service may only be adopted with the assent of the electors in the local service area.
As an exception, a council may not undertake a business improvement area service under Section 214 (provided for elsewhere in the Charter).
Petitions — Some Suggestions
The petition should begin with a clause, such as:
“We, the undersigned property owners in the general area of (insert general area of the municipality), hereby petition the District of Sechelt to undertake the following work as a local improvement under the provisions of the Community Charter.
The works are to comprise (insert the general description of the work), the specific scope of the work to be done, the annual charge per taxable unit of frontage or the proportion of the owners cost of the work as set out by bylaw, and the number of years over which the charges are to be levied.
[ EXAMPLE] The works are to comprise a sanitary sewer collection line and related works to tie into the sanitary sewer trunk line along Highway 101 and to be available for new service to 24 waterfront properties and additional service to 3 properties, for a total of 27 properties, lying between and including, from west to east, Lot ABC, Block A, District Lot XXX Plan XLVX2( and Lot DEE, Block A, District Lot X Plan JJ
The estimated cost of the work is approximately $XXX,XXX and is to be paid by way of a charge against each of the parcels benefiting or abutting the works so as to finance 100 per cent of the project over a period of 20 (twenty) years. The charge is to be generally based on a charge per metre of taxable frontage.]
District of Sechelt Council has set the percentage of payments that are required by the property owners benefiting from the service, as follows:
• Road Construction to Municipal Standards 90%
• Pavement 90%
• Concrete Sidewalk (Residential) 60%
(Existing Commercial) 50%
• Concrete Curb and Gutter (Residential) 60%
(Existing Commercial) 50%
• Overhead Street Lights 70%
• Underground Wiring for Street Lighting 60%
• Sewer Line 100%
For more information on how to proceed, please contact the Municipal Clerk at the District of Sechelt office, at 604.885.1986