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Development Agreement Parameters

 

UPDATE:

On October 1, 2018, Strategic Infrastructure presented to City Council, in their regular meeting, the "Oversized Services and Developer Reimbursement" Development Agreement Parameter and associated Standards Operating Procedure. As recommended, City Council approved the parameter by way of resolution, effective October 1, 2018.

Overview:

Development Agreement Parameter

The purpose of the parameter is to clarify:

  1. The City's requirement for oversized infrastructure as per applicable Development, Master Plan and Secondary Plans,
  2. The financial reimbursement of the oversized infrastructure, which will benefit third party lands, to the initial developer, and
  3. The ability of the City to recover costs, by way of development agreement, of the third party lands for the design and construction of the oversized infrastructure.

 PDF Icon Oversized Infrastructure & Developer Reimbursement Parameter (397 KB)

 

Standard Operating Procedure

The purpose of the procedure is to define the operational process regarding:

  1. City determination of the requirement and approval of oversized infrastructure,
  2. Calculation of the cost of the oversized infrastructure including any additional costs borne by the initial developer of which may be eligible for reimbursement,
  3. Recovery of oversizing costs, by the City, from the benefitting lands as future development utilizes the benefit of the oversized infrastructure, and
  4. Appeal Process.

 PDF Icon Standard Operating Procedure (492 KB)

 

What is a Development Agreement?

A Development Agreement is a legally binding agreement, registered on all affected land, between the developer/property owner and the municipality. A Development Agreement covers matters relating to the following:

  • Responsibilities and expectations of both the municipality and the developer
  • Financial obligations required to facilitate the development
  • Municipal improvements such as water, wastewater, drainage and transportation infrastructure
  • Land acquisition and dedication
  • Public amenities
  • Compliance and enforcement

 

Why is a Development Agreement Required?

Development Agreements are required to clearly identify the responsibilities of the municipality and the developer to ensure that the proposed development is safe, efficient, compatible with surrounding land uses, a benefit to the community and generally consistent with the intent of the municipality’s Development Plan.

 

When is a Development Agreement Required?

When a developer / property owner proposes new or infill development, the municipality has the authority to require a Development Agreement as a condition of the following land use applications:

  • Re-zoning
  • Subdivision
  • Variance
  • Conditional use

 

What are Development Agreement Parameters?

Development Agreement Parameters (DAP) will be a City Council approved policy, that:

  • Communicates the general development policy of the municipality on behalf of all associated City departments
  • Ensures that all parties involved pay their equitable share of associated costs as a result of development
  • Ensures agreement obligations are transparent, consistent and fair
  • Decreases time and effort spent on agreement negotiations
  • Will streamline the land use application approval process and support standard construction specifications.

 

Why do we need Development Agreement Parameters?

Currently, the City of Brandon and the development industry negotiate Development Agreement terms on a case-by-case basis in accordance with City by-laws, policies and standard construction specifications and practice.

In order to promote and support a fair, consistent and transparent process to the development industry as a whole, the Development Services Division will work with the community to create City of Brandon “Development Agreement Parameters”.

 

For any questions or information requests, please contact Land Development Administrator, Tiffany Stokes at t.stokes@brandon.ca or by phone at 204.729.2218.

 

 

 

 

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City of Brandon - 410 9th Street - Brandon MB - R7A 6A2 - Phone: 204. 729. 2186