R3-parks Utility Establishment Bylaw
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ATTACHMENT A THE CORPORATION OF THE TOWNSHIP OF LANGLEY PARKS UTILITY ESTABLISHMENT BYLAW 2009 NO. 4740 EXPLANATORY NOTE Bylaw No. 4740 provides for the establishment of a Parks Utility in the Township of Langley to provide funding for the design, development, operation and maintenance of the Township’s parks and open spaces system including:
Planning, design, development, and construction of new parks, cemeteries, open spaces and environments, park structures, trails and greenways;
Operation and maintenance of parks, cemeteries, open spaces and environments, park structures, trails and greenways;
Renewal, replacement, upgrading of existing parks, cemeteries, open spaces and environments, park structures, trails and greenways;
Facility allocation and booking of Township’s parks and open spaces;
Administration and other parks and open space system related services.
ATTACHMENT A
THE CORPORATION OF THE TOWNSHIP OF LANGLEY PARKS UTILITY ESTABLISHMENT BYLAW 2009 NO. 4740
WHEREAS the Community Charter authorizes Council to establish services and charge for those services; AND WHEREAS Council deems it prudent and necessary to establish and operate a Parks Utility for parks and open space management purposes for the convenience of residents and businesses within the Township; NOW THEREFORE the Council of the Township of Langley in Open Meeting assembled ENACTS as follows: Part 1 – Title
1. This Bylaw may be cited for all purposes as the “Parks Utility Establishment 2009 NO. 4740.”
Part 2 – Table of Contents
2. This Bylaw, for purposes of convenience only, is divided into the following parts: Part 1 2 3 4
Sections 1 2 3 4
5
5
6
6
Title Title Table of Contents Definitions Establishing Parks Utility Service Fees and Levy General
Part 3 – Definitions
3. In this Bylaw, unless the context otherwise requires, the following words mean: “Council“ means the Council of the Township of Langley. “Owner“ means any person who is registered under the Land Title Act as the owner of land, or any other person who is in lawful possession of land or who is in lawful possession or occupancy of any buildings situated on land. “Premises“ means any land or building, or both, or any part thereof. “Township“ means the Corporation of the Township of Langley.
Bylaw No. 4740 Page 2
ATTACHMENT A
“Park” means public land protected, designed, developed, maintained and operated for both active and passive recreational uses. “Cemeteries” are those lands set aside for burial and memorial of deceased humans. “Cemetery Services” include a range of existing services: full depth burial plots for those that choose casket burial and burial of cremated remains or columbaria for those that choose cremation. May include other services not currently available in the Township such as cremation gardens, ossuaries, scattering gardens, family vessels and others. “Open Spaces and Environments” are generally un-programmed natural areas either protected, developed or enhanced with vegetation, trees or other landscape features and managed for public access and environmental benefit. “Park Structures” means washrooms, field houses, parking lots, caretaker facilities, fences, picnic shelters and other constructed facilities within the park that support the use and operation of the park. “Trails” are constructed linear surfaces of gravel, asphalt or concrete that provide pedestrian, cyclist or equestrian connections between or within community areas. “Greenways” are linear park corridors that generally contain trails, landscaped features, natural vegetation, benches, signage and drinking fountains in settings designated as street greenways, ecological greenways or recreational greenways. “Parks Utility” means the planning, design, development, and construction of new parks, cemeteries, open space and environments, park structure, trails and greenways; operation, maintenance, renewal, replacement and upgrading of parks, cemeteries, open spaces and environments, park structure, trails and greenways; facility allocation and booking of Township’s parks and open spaces; administration and other parks and open space system related services.
Part 4 – Establishing Parks Utility Service
4. The Parks Utility is hereby established as a service of the Township. Part 5 – Fees and Levy 5.1
Parks Levy Every Owner of land and taxable improvements located within the Township shall pay a parks levy with respect to the Parks Utility based upon the assessed value of each Owner’s land and improvements as determined annually by British Columbia Assessment Authority for tax purposes, and calculated in accordance with the Langley Annual Rates and Tax Collection Bylaw as set by Council each year
Bylaw No. 4740 Page 3
5.2
ATTACHMENT A
Date of Payment and Penalties The date of payment for the Parks levy and any consequent penalties shall be in accordance with the Langley Annual Rates and Tax Collection Bylaw. The payment of the Parks levy shall not in any way be construed as acknowledgement that Premises or land use comply with this or any other regulation or bylaw of the Township.
Part 6 – General 6.1
Severability The provisions of this Bylaw are severable. If, for any reason, any provision is held to be invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw.
6.2
Associated Bylaws Parks Regulations Bylaw 1976 No. 1575 Langley Cemetery Bylaw 1994 No. 3202
READ A FIRST TIME the
06
day of
April
, 2009
READ A SECOND TIME the
06
day of
April
, 2009
READ A THIRD TIME the
06
day of
April
, 2009
RECONSIDERED AND ADOPTED the
Mayor
day of
, 2009
Township Clerk
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
APRIL 6, 2009 - REGULAR MEETING FINANCE DIVISION PARKS UTILITY ESTABLISHMENT BYLAW 2009 NO. 4740
REPORT: FILE:
09-45 1700-60
RECOMMENDATION(S):
That Council give first, second and third reading to Parks Utility Establishment Bylaw 2009 No. 4740. EXECUTIVE SUMMARY:
The establishment of the Parks Utility is to enable the Township to better communicate and align the funding for the parks and open space to the expenditures for that service. Currently the parks and open space service resides in the Community Development and the Recreation, Culture, and Parks Divisions. Funding and expenditures for 2009 have been established by reducing the budgets in those two divisions and allocating them to the new Parks Utility. The Parks Utility service includes the design, development, operation and maintenance of the Township’s park and open space system. The scope for the Parks Utility includes the following: • planning, design, development, and construction of new parks, cemeteries, open space and environments, park structure, trails and greenways; • operation, maintenance, renewal, replacement and upgrading of parks, cemeteries, open spaces and environments, park structure, trails and greenways; • facility allocation and booking of Township’s parks and open spaces; • administration and other parks and open space system related services Parks Utility service is a universal service and therefore will be funded by all Township’s taxpayers. Annual Parks Utility Levy will be based on property assessment values provided by British Columbia Assessment and incorporated into the Langley Annual Rates and Tax Collection Bylaw adopted by Council before May 14 each year. PURPOSE:
The purpose of this report is to bring forward the Parks Utility Establishment Bylaw 2009 No. 4740 for the first three readings. Respectfully submitted, HILARY TSIKAYI for FINANCE This report has been prepared in consultation with the following listed departments. CONCURRENCES Division Recreation, Parks, & Culture Community Development
ATTACHMENT A
Name David Leavers, Tab Buckner Ramin Seifi, Al Neufeld
Parks Utility Establishment Bylaw 2009 No. 4740
Planning, design, development, and construction of new parks, cemeteries, open spaces and environments, park structures, trails and greenways;
Operation and maintenance of parks, cemeteries, open spaces and environments, park structures, trails and greenways;
Renewal, replacement, upgrading of existing parks, cemeteries, open spaces and environments, park structures, trails and greenways;
Facility allocation and booking of Township’s parks and open spaces;
Administration and other parks and open space system related services.
ATTACHMENT A
THE CORPORATION OF THE TOWNSHIP OF LANGLEY PARKS UTILITY ESTABLISHMENT BYLAW 2009 NO. 4740
WHEREAS the Community Charter authorizes Council to establish services and charge for those services; AND WHEREAS Council deems it prudent and necessary to establish and operate a Parks Utility for parks and open space management purposes for the convenience of residents and businesses within the Township; NOW THEREFORE the Council of the Township of Langley in Open Meeting assembled ENACTS as follows: Part 1 – Title
1. This Bylaw may be cited for all purposes as the “Parks Utility Establishment 2009 NO. 4740.”
Part 2 – Table of Contents
2. This Bylaw, for purposes of convenience only, is divided into the following parts: Part 1 2 3 4
Sections 1 2 3 4
5
5
6
6
Title Title Table of Contents Definitions Establishing Parks Utility Service Fees and Levy General
Part 3 – Definitions
3. In this Bylaw, unless the context otherwise requires, the following words mean: “Council“ means the Council of the Township of Langley. “Owner“ means any person who is registered under the Land Title Act as the owner of land, or any other person who is in lawful possession of land or who is in lawful possession or occupancy of any buildings situated on land. “Premises“ means any land or building, or both, or any part thereof. “Township“ means the Corporation of the Township of Langley.
Bylaw No. 4740 Page 2
ATTACHMENT A
“Park” means public land protected, designed, developed, maintained and operated for both active and passive recreational uses. “Cemeteries” are those lands set aside for burial and memorial of deceased humans. “Cemetery Services” include a range of existing services: full depth burial plots for those that choose casket burial and burial of cremated remains or columbaria for those that choose cremation. May include other services not currently available in the Township such as cremation gardens, ossuaries, scattering gardens, family vessels and others. “Open Spaces and Environments” are generally un-programmed natural areas either protected, developed or enhanced with vegetation, trees or other landscape features and managed for public access and environmental benefit. “Park Structures” means washrooms, field houses, parking lots, caretaker facilities, fences, picnic shelters and other constructed facilities within the park that support the use and operation of the park. “Trails” are constructed linear surfaces of gravel, asphalt or concrete that provide pedestrian, cyclist or equestrian connections between or within community areas. “Greenways” are linear park corridors that generally contain trails, landscaped features, natural vegetation, benches, signage and drinking fountains in settings designated as street greenways, ecological greenways or recreational greenways. “Parks Utility” means the planning, design, development, and construction of new parks, cemeteries, open space and environments, park structure, trails and greenways; operation, maintenance, renewal, replacement and upgrading of parks, cemeteries, open spaces and environments, park structure, trails and greenways; facility allocation and booking of Township’s parks and open spaces; administration and other parks and open space system related services.
Part 4 – Establishing Parks Utility Service
4. The Parks Utility is hereby established as a service of the Township. Part 5 – Fees and Levy 5.1
Parks Levy Every Owner of land and taxable improvements located within the Township shall pay a parks levy with respect to the Parks Utility based upon the assessed value of each Owner’s land and improvements as determined annually by British Columbia Assessment Authority for tax purposes, and calculated in accordance with the Langley Annual Rates and Tax Collection Bylaw as set by Council each year
Bylaw No. 4740 Page 3
5.2
ATTACHMENT A
Date of Payment and Penalties The date of payment for the Parks levy and any consequent penalties shall be in accordance with the Langley Annual Rates and Tax Collection Bylaw. The payment of the Parks levy shall not in any way be construed as acknowledgement that Premises or land use comply with this or any other regulation or bylaw of the Township.
Part 6 – General 6.1
Severability The provisions of this Bylaw are severable. If, for any reason, any provision is held to be invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw.
6.2
Associated Bylaws Parks Regulations Bylaw 1976 No. 1575 Langley Cemetery Bylaw 1994 No. 3202
READ A FIRST TIME the
06
day of
April
, 2009
READ A SECOND TIME the
06
day of
April
, 2009
READ A THIRD TIME the
06
day of
April
, 2009
RECONSIDERED AND ADOPTED the
Mayor
day of
, 2009
Township Clerk
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
APRIL 6, 2009 - REGULAR MEETING FINANCE DIVISION PARKS UTILITY ESTABLISHMENT BYLAW 2009 NO. 4740
REPORT: FILE:
09-45 1700-60
RECOMMENDATION(S):
That Council give first, second and third reading to Parks Utility Establishment Bylaw 2009 No. 4740. EXECUTIVE SUMMARY:
The establishment of the Parks Utility is to enable the Township to better communicate and align the funding for the parks and open space to the expenditures for that service. Currently the parks and open space service resides in the Community Development and the Recreation, Culture, and Parks Divisions. Funding and expenditures for 2009 have been established by reducing the budgets in those two divisions and allocating them to the new Parks Utility. The Parks Utility service includes the design, development, operation and maintenance of the Township’s park and open space system. The scope for the Parks Utility includes the following: • planning, design, development, and construction of new parks, cemeteries, open space and environments, park structure, trails and greenways; • operation, maintenance, renewal, replacement and upgrading of parks, cemeteries, open spaces and environments, park structure, trails and greenways; • facility allocation and booking of Township’s parks and open spaces; • administration and other parks and open space system related services Parks Utility service is a universal service and therefore will be funded by all Township’s taxpayers. Annual Parks Utility Levy will be based on property assessment values provided by British Columbia Assessment and incorporated into the Langley Annual Rates and Tax Collection Bylaw adopted by Council before May 14 each year. PURPOSE:
The purpose of this report is to bring forward the Parks Utility Establishment Bylaw 2009 No. 4740 for the first three readings. Respectfully submitted, HILARY TSIKAYI for FINANCE This report has been prepared in consultation with the following listed departments. CONCURRENCES Division Recreation, Parks, & Culture Community Development
ATTACHMENT A
Name David Leavers, Tab Buckner Ramin Seifi, Al Neufeld
Parks Utility Establishment Bylaw 2009 No. 4740
