Rocky View County’s proposed Transportation Off-Site Levy Bylaw (TOL) is a case of just because they can does not make it right.
We decided to subdivide the eight-acre parcel that we have owned for more than 25 years into two parcels. This has always been our planned “retirement package.”
Imagine our surprise to discover that in addition to all the usual costs of subdividing, the county is looking at an additional fee of $129,000 for transportation off site levy fees. Currently, there are TOLs in place but a new bylaw is proposing a dramatic increase. Council is hoping to pass this bylaw at the September meeting and it will affect all Rocky View County landholders. This bylaw will see TOL fees being added to any subdivision or development permit approval.
Among many of the issues I have with the bylaw, the issue that stands out the most is the inequity of the application of the TOL. At a recent open house, I had confirmed that the TOL fees for one new house on a 10-acre parcel would cost $29,000, for a new house in a city-style subdivision about $3,000, for an eight-acre strip mall with 200 parking spots, $129,000. Again, our eight-acre parcel will cost $129,000 to add one new house.
According to the Municipal Government Act, Rocky View County has the right to levy off site transportation fees. However, in looking at the act, it is clear that an off-site levy may be used to pay for all or part of the capital cost of new or expanded roads required for or impacted by a subdivision or development and that this is to be done on an equitable basis related to the degree of benefit.
Does creating one new house on an eight-acre parcel impact the transportation network the same way that a subdivision development of 40 new homes on an eight-acre parcel does? At the last open house when questioned about the inequity of the proposed bylaw, that it favoured developers and penalized small “mom and pop” acreage owners the response was yes it does and if they don’t like it they can sue. In contacting Alberta Municipal Affairs they confirmed that the only recourse is to sue.
Rocky View County residents do have another recourse ... be proactive and stop the passing of the bylaw. Go to the Rocky View County website and study the proposed bylaw. Contact your councillor and let them know what you think about the proposed bylaw before they pass it in September.
Harriet Quapp
