WHEREAS the Province has transferred construction and maintenance of flood protection infrastructure to local governments; AND WHEREAS under the terms of the Local Government Act, local governments are not authorized to charge development costs for flood protection infrastructure: THEREFORE BE IT RESOLVED that UBCM lobby the provincial government to amend the Local Government Act, Section 935 to include flood protection as a Development Cost Charge.
Ministry of Community, Sport and Cultural Development Usually, the owners of properties which benefit from flood protection infrastructure dikes pay for the construction and maintenance of the dikes directly by way of property taxes because those properties are most likely to receive a direct benefit if a flood occurs. It is important to note that dikes often require significant annual maintenance, and providing the funding for the construction of dikes does not provide funding for the ongoing maintenance costs associated with them. Sometimes it is necessary to construct a dike system so that a development may proceed. If dikes are necessary before development can proceed, a municipality could require the developer to construct the dikes as a condition of development. Alternatively, if it is a fairly large development, a municipality could provide an opportunity in response to a petition from the property owner; i.e., the developer, for the establishment of a local area service to provide for taxation of the benefiting properties to pay for the capital and maintenance costs. Any suggestion that Development Cost Charges DCCs be used to fund services beyond key infrastructure sewer, water, drainage, roads and parks must be reviewed by the Development Finance Review Committee DFRC, which provides technical advice to the Ministry of Community, Sport, and Cultural Development Ministry. DFRC is chaired by the Ministry and includes representatives from local government, the Province, the development community, building and real estate industries and the planning profession. DCCs are generally imposed to raise funds intended to help finance construction of key infrastructure which will provide a general benefit to the community. Recent requests to DFRC to expand the use of DCCs have not been endorsed by DFRC. Because most diking systems have limited benefit and since there are other ways to finance the construction of a diking system; the Ministry is not convinced that the inclusion of dikes as infrastructure which may be funded by DCCs is appropriate. Should UBCM wish to bring the proposal to the DFRC, the Ministry is prepared to facilitate a discussion of the matter.