DISTRICT OF LAKE COUNTRY BYLAW DEVELOPMENT APPLICATION PROCEDURES BYLAW CONSOLIDATED VERSION

Transcription

1 DISTRICT OF LAKE COUNTRY BYLAW DEVELOPMENT APPLICATION PROCEDURES BYLAW CONSOLIDATED VERSION (Includes amendments as of July 4, 2017) This is a consolidated copy to be used for convenience only. Users are asked to refer to Development Applications Procedure Bylaw as amended from time to time to verify accuracy and completeness. Amending Bylaw Adoption Date 623 Deleting and replacing Section 313 (2) May 1, Deleting and replacing Section 301 May 3, 2011 Deleting Under either the Series or Bundled Process from Section 302(2) Deleting Sections 303(2) and 303(3) Deleting and replacing Schedule B 835 Adding Section 304(2) Amending Section 309(1)(c) Deleting and replacing all references to Director of Planning and Development August 21, 2012 to Director of Planning and Development and all references to Municipal Clerk to Corporate Officer Deleting and replacing Section 308 (1) (b) July 4, 2017

2 Development Application Procedures Bylaw CONSOLIDATED Page 2 DISTRICT OF LAKE COUNTRY BYLAW Development Application Procedures Bylaw WHEREAS s. 895 of the Local Government Act, authorizes a local government to prepare a procedure bylaw for land-use applications under Part 26 of the Local Government Act; NOW THEREFORE The Council of the District of Lake Country, in open meeting assembled, enacts as follows: Section 1 Introduction 100 Title (1) This bylaw may be cited as the District of Lake Country Development Application Procedures Bylaw Interpretation (1) This bylaw refers to the Local Government Act and to the Bylaws of the District of Lake Country as amended, from time to time. (2) If any section, paragraph or phrase of this bylaw is for any reason held to be invalid by a decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw. (3) Schedules A and B are attached to, and form part of this bylaw. 102 Definitions (1) In this bylaw, unless the context otherwise requires: 'Administrator' means the person appointed by Council as Administrator or Chief Administrative Officer, or his designate; 'Approving Officer' means the Approving Officer of the District of Lake Country, or his designate, appointed pursuant to the provisions of the Land Title Act; 'Building Inspector' means the person appointed by Council to administer and enforce the provisions of the Building Regulation bylaw of the District; 'Building Regulation Bylaw' means the Building Regulation bylaw of the District as amended from time to time. ; 'Bylaw Enforcement Officer' means the officers or employees appointed by Council as such; 'Development Services Fees Bylaw' means the District of Lake Country Development Services Fees as amended from time to time; 'District' means the District of Lake Country; 'Council' means the elected Municipal Council of the District of Lake Country;

3 Development Application Procedures Bylaw CONSOLIDATED Page 3 'Development Permit' means a permit authorized by section 920 of the Local Government Act; 'Development Variance Permit' means a permit authorized by section 922 of the Local Government Act; Amended by Bylaw 835 'Director of Planning and Development means the person appointed as such by Council, or his designate; 'District Engineer' means the person appointed by Council as the Director of Engineering Services, or his designate; 'Lot' means a parcel of land, including crown land, which is legally defined either by registered plan or description; Amended by Bylaw 835 Corporate Officer means the Corporate Officer of the District, and includes the lawful deputy of that person, or his designate; 'Official Community Plan' means the Official Community Plan Bylaw in effect in the District of Lake Country; 'Owner' means the registered owner of an estate in fee simple, or his agent authorized in writing, and includes: (a) (b) (c) the tenant for life under a registered life estate; the registered holder of the last registered agreement for sale; and the holder or occupier of land held in the manner mentioned in sections 356 and 357 of the Local Government Act; 'Part 26 Permit' means any permit that may be issued under Part 26 of the Local Government Act; 'Public Hearing' means a public hearing of Council pursuant to section 890 of the Local Government Act; 'Site' means an area of land consisting of a lot or two or more abutting lots; 'Subdivision and Development Servicing Bylaw' means the District of Lake Country Subdivision and Development Servicing Bylaw in effect in the District of Lake Country; 'Surveyor s Certificate' means a site plan certified by a registered British Columbia Land Surveyor showing the locations of improvements on a lot relative to the lot lines; 'Treasurer' means the person appointed as such by Council as Treasurer or Director of Finance, or his designate; 'Zoning Bylaw' means the Zoning Bylaw in effect in Lake Country of the District. Section 2 Provision of Information to the Public 201 Approvals and Confirmation of Zoning (1) Approval by the District of any bylaw, permit, contract, and/or subdivision, and any confirmation of conditions of development or the present status of regulations that apply to land shall be made in writing. Verbally presented information is for convenience only and is not considered

4 Development Application Procedures Bylaw CONSOLIDATED Page 4 official communication. No commitments may be made by individual staff members or Councillors. Commitments on the part of Council may only be made after a duly constituted meeting of Council and must be in writing from the appropriate Local Government officer. (2) All approvals under this bylaw shall be granted by the Building Inspector for Building Permits, by the Approving Officer for subdivisions and by Council for all other applications. 201 Provision of Information (1) Prior to the submission of an application, District staff will provide the applicant with general information, copies of applicable bylaws, District maps, application procedures, fee bylaws, and confirmation of zoning and Official Community Plan designations. 203 Pre-application Meeting (1) At the discretion of the Director of Planning and Development, a pre-application meeting may be held with an applicant to discuss application requirements and preliminary concepts and designs. 204 Fees and Charges (1) Application fees are as outlined in Development Services Fees Bylaw. Other fees and charges are as outlined in District Bylaws. (2) All development cost charges, connection fees, building permit application and inspection fees, and other applicable charges will be determined at the time of issuance of the applicable permit or development approval as the case may be. (3) The Treasurer is the Local Government official responsible for confirming fees and charges applicable to permit or development approval. Section 3 Application Procedures Section 301 deleted and replaced by Bylaw 786, Development Flow Chart (1) Schedule B establishes the order for processing applications pursuant to this bylaw. 302 Application Information Requirements (1) All applications shall contain the following: (a) Completed application forms; (b) Proof of ownership / authorization of agent; (c) State of Title certificate; (d) Written description of proposal; and (e) Applicable plans as noted in this section. Deleted by Bylaw 786 (2) Under either the Series or Bundled Process: (i) To amend the Official Community Plan shall include a plan showing the following:

5 Development Application Procedures Bylaw CONSOLIDATED Page 5 (a) The site location; (b) The preliminary concept; (c) The proposed land use; (d) A general description of the proposed servicing; and (e) Any special features such as topography and environmentally sensitive areas. (ii) (iii) To amend the Zoning Bylaw shall include a plan showing the following: (a) A site location; (b) The road network; (c) The park network; (d) A general description of servicing including connection to off-site services; (e) The density and type of development; (f) Any no-disturb areas or environmentally sensitive areas to be protected; (g) Typical building elevations (multi-family residential or commercial) (h) Topography; and (i) General lot layout To obtain Layout Approval for a subdivision shall include: a. a copy of a Title Certificate dated no more than 30 days prior to the date of the application; b. four (4) copies of a sketch plan of the proposed subdivision drawn at a scale of not less than 1:2000, and one (1) copy at a reduced scale to fit an 8.5 by 11 sheet, showing: i. the boundaries, dimensions, and full legal description of the parcel or parcels to be subdivided; ii. the location and names of streets adjacent to the property proposed to be subdivided; iii. the location of natural features such as watercourses, high water marks, drainage courses, swamps, steep banks, and trees; iv. the location of all existing buildings, sewer fields, and if the parcels are not to be connected to the community water system, all existing sources of potable water; v. the location and estimated dimensions of parcels and highways proposed to be created, including the connection of proposed highways with existing highways; vi. phasing, if the subdivision is to be developed in phases; vii. any existing parcel boundaries or streets to be eliminated by the proposed subdivision; viii. a unique number or letter to identify each proposed parcel; ix. scale and north arrow; and x. date of plan preparation and name of person who prepared the plan. c. a statement in writing, of the intended use of any parcel being created and of any remaining portion of land being subdivided. d. the following additional information may be required to facilitate the Layout Approval: i. contours and/or spot elevations; ii. preliminary highway profile where grades are greater than 5%; iii. copies of all non-financial charges (easements, covenants etc.) affecting the land to be subdivided; iv. the location of percolation test holes where applicable; v. the location and dimensions of rights-of-way, and easements proposed to be created; vi. the alignment of any non-municipal services (e.g. electrical and telephone lines) and note whether they are overhead or underground;

6 Development Application Procedures Bylaw CONSOLIDATED Page 6 vii. a plan prepared by a B.C.L.S. showing the location of improvements on the property in relation to the proposed boundaries; and viii. a sketch plan showing the ultimate layout of the lands being subdivided if it is anticipated that further subdivision of the land will occur. (iv) (v) To obtain a permit under Part 26 of the Local Government Act shall include a Permit Detail Plan showing the following: (a) The site location; (b) Topography and final grades; (c) Natural vegetation and areas to be retained; (d) Building location, elevations and cross sections; (e) Driveway location including grade and finished surface; (f) Details of proposed landscaping and parking areas; (g) General location of utilities; (h) Details of boulevard treatment including street furniture; and (i) Details of signage. All applications to obtain a Building Permit shall include Construction Drawings in accordance with the requirements of the Building Regulation Bylaw and Building Code. 3. In accordance with the Official Community Plan or Part 21 of the Local Government Act, and at the discretion of the Director of Planning and Development, the Building Inspector or Approving Officer as the case may be, all applications for a Development Permit and/or a Building Permit shall include a Geotechnical Report certified by a professional engineer with experience in geotechnical engineering addressing the following: (a) Drainage; (b) Slope stability; (c) Suitability of on-site sewage disposal; (d) Special construction required to address geotechnical issues; and (e) Impact on adjoining properties and streets. 4. Where landscaping is required, a Landscape Plan is required showing the following: (a) the dimensions and location of landscaping; (b) the existing and proposed plant materials (including areas of natural vegetation to be retained) identifying common and scientific plant names, quantity, calliper, rootball size, and height at planting and maturity; and (c) the irrigation systems relative to boulevards, buffer strip and public rights-of-way, direction of drainage, and catch basins and sub-drains marked with proposed rim and invert elevations. 5. In the event that an application has been submitted but does not contain the required information, the Director of Planning and Development shall inform the applicant in writing that the application will not be processed further until the information is submitted. 6. The Clerk shall provide application forms for all application processes. 303 Application Procedures (1) All applications shall be made to the Director of Planning and Development on the appropriate application form, signed by the owner(s) or agent, with the required processing fees, and with copies of the appropriate plans and documents required by this bylaw. Sections 303(2) and 303(3) deleted by Bylaw 786, 2011

7 Development Application Procedures Bylaw CONSOLIDATED Page 7 (4) The District may submit applications for amendments to the Official Community Plan or Zoning Bylaw for the community at large and/or for individual properties with or without the approval of the property owner. (5) Council may request the applicant to provide information including but not limited to an analysis by a qualified professional of the potential impact on land use, traffic, the environment, utilities, and other District services and facilities if the amendment a change to land use or density. This impact report may be required to contain the following information: (a) the relationship and compliance with the Official Community Plan and any other relevant Local Government plan or policy in preparation for or adopted by Council; (b) traffic and public transit impact in terms of daily and peak hour trip generation and assignments; (c) requirements for drainage, water, sewage, and other utilities; (d) potential effects on stability, retention of natural features and vegetation and rehabilitation of land in the area; (e) a detailed soils or geotechnical evaluation of the site to confirm slope stability, appropriate top-of-bank setbacks and site suitability for on-site sewage disposal; (f) assessment of impact on community services and facilities such as parks, recreation, fire, and health; (g) the staging, implementation schedule, and duration of construction for any proposed development; (h) compatibility with surrounding areas in terms of land use, function, and scale of development; (i) (j) relationship to Local Government land, right-of-way or easement requirements; and the relationship to any documented concerns and opinions of area residents and land owners regarding the application. (6) The Approving Officer or the Building Inspector may hold public meetings and may ask Council for opinions on policy or development proposals. 304 Review by the Director of Planning and Development (1) On receipt of a complete application, the application will be reviewed by the Director of Planning and Development who may refer the application to any appropriate body for comment prior to preparing a summary report for review by the Administrator. Added by Bylaw 835 (2) For Development Permits deemed technical under the District Delegation Bylaw, the Director of Planning and Development may: a) approve the application b) approve the application with conditions c) defer the application pending the outcome of another process or awaiting submission of additional information; or d) reject the application 305 Review by the Administrator (1) The Administrator shall, upon receiving the report from the Director of Planning and Development: (a) forward the report to a committee; (b) endorse the report and forward the report to Council for its consideration; (c) forward the report to Council with a memorandum; or (d) return the report to the Director of Planning and Development for additional information.

8 Development Application Procedures Bylaw CONSOLIDATED Page Council Consideration (1) Council may, upon receiving the report from the Administrator: (a) approve the application; (b) approve the application with conditions; (c) defer the application pending the outcome of another process or awaiting submission of additional information; or (d) reject the application. 307 Responsibilities of the Local Government Clerk (1) The Local Government Clerk is responsible for processing bylaws and shall: (a) prepare the bylaw and place it on the appropriate agendas for consideration by Council; (b) give notice of the public hearing as required by the Local Government Act and this bylaw; and (c) refer the bylaw to the appropriate agency for other approvals. Amended by Bylaw Notice to Nearby Owners and Tenants (1) Where Notice is required pursuant to the Local Government Act or this bylaw, it shall be given to the owners and tenants in occupation of all lots that are: (a) the subject of the application; and (b) located within 50 m of the land that is subject of the application. Amended by Bylaw Development Notice Sign (1) A Development Notice Sign must be installed on property that is the subject of an application for: (a) amendment to the Official Community Plan; (b) amendment to the Zoning Bylaw or a Land Use Contract; or (c) a permit under Part 26 of the Local Government Act, except those permits which have been deemed a Technical Development Permit under the District Delegation Bylaw (2) The applicant shall install the Development Notice Sign(s) at the owners expense, on the subject property in accordance with Schedule "A" of this bylaw. (3) If the applicant fails to post the Development Notice Sign(s) in accordance with this bylaw, Council shall not consider the application nor hold a hearing for the application. If a hearing has been scheduled, and it becomes necessary to postpone the hearing because the Development Notice Sign(s) has not been installed, then the cost of the re-scheduling the hearing shall be borne by the applicant. 310 Public Hearing (1) Pursuant to Section 890 of the Local Government Act, Council shall hold a public hearing prior to adopting an amendment to the Official Community Plan or the Zoning Bylaw. Council may waive the public hearing for the Zoning Bylaw if it complies with the Official Community Plan. (2) The Mayor shall read the statement of procedures for the conduct of public hearings.

9 Development Application Procedures Bylaw CONSOLIDATED Page 9 (3) The Director of Planning and Development shall present details of the proposed development to the public hearing and read into the record a summary of correspondence, either in support of or opposed to the proposal. (4) The applicant for the community plan amendment or zoning bylaw may, at his option, present details of the proposed development to the public hearing. (5) The public hearing shall be open to the public and each member of the public in attendance shall be given opportunities to address the public hearing for a time not to exceed ten minutes on each occasion. Written submissions may also be presented. Once each individual has had an opportunity to speak for 10 minutes, then further opportunities for comment or presentation must be provided. (6) Council shall not debate the issue nor answer questions posed by the public. District staff may respond to technical questions. (7) Council may ask questions of the public, the applicant, or District staff for the purpose of clarification. (8) Council may adjourn and then reconvene the public hearing at a later date. In accordance with the Local Government Act, no further notice of the hearing is necessary if the time and place for the resumption of the hearing is stated to those present at the time the hearing is adjourned. (9) The Mayor shall call three times for persons wishing to address the public hearing prior to declaring the hearing closed. 311 Public Comment on Permits (1) Council shall provide an opportunity for public comment on any Development Variance Permit, Development Permit which includes a variance to a bylaw requirement, a Temporary Industrial Use Permit, or a Temporary Commercial Use Permit. (2) Notices shall be mailed to adjoining property owners in accordance with this bylaw, but there is no requirement to advertise in a newspaper. (3) Interested parties may submit letters and petitions into the record of the public meeting and shall be given a maximum of two opportunities of 5 minutes in duration to speak to the application. (4) All procedures except those noted in this section above shall be the same as those observed for a public hearing. 312 After Public Hearing (1) After the public hearing on a community plan, zoning bylaw, or amendment thereto, has been terminated, Council shall not receive additional submissions or presentations and shall return any unsolicited information materials to the Clerk. (2) After the public hearing on a community plan amendment or a zoning bylaw has been terminated, Council may (a) ask District staff for additional information or reports clarifying policy issues or have the applicant provide additional information to staff in the form of reports or studies; (b) defer consideration of the bylaw; (c) withhold adoption pending the registration of a covenant or agreement; (d) give further readings and adopt the bylaw; (e) reject the bylaw.

10 Development Application Procedures Bylaw CONSOLIDATED Page Time Limitations and Reconsideration (1) Every amendment bylaw which has not been adopted by Council within 12 months after the date of the public hearing, shall lapse and the file will be closed. Upon written request by the applicant, Council may extend the 12 month period once only for up to 6 months. Amended by Bylaw 623 (2) Once a Part 26 Permit has been approved by council resolution, the applicant has 5 months to complete the prerequisite conditions. Upon written application by the applicant, Council may extend the 5 month period once only for up to 3 months. If no application for extension is received, the file will be closed and the permit will not be issued. (3) If an application is rejected by Council, it cannot be reconsidered unless, within 30 days, the Mayor brings back the matter to Council or Council by 2/3 majority agrees to reconsider the matter. (4) The Clerk shall inform Council of a bylaw that has lapsed and all files shall be closed. (5) Subject to section 895(3) of the Local Government Act, re-application for an amendment of the Official Community Plan or Zoning Bylaw or a Permit under Part 26 of the Local Government Act that has been refused by Council shall not be considered within a six month period immediately following the date of refusal. (6) Preliminary Layout Approval issued under the Subdivision and Development Servicing bylaw shall be valid for one year unless extended once only by the Approving Officer, for a period of six months. (7) A building permit issued under the Building Regulation bylaw shall be valid for one year unless extended once only by the Building Inspector, for a period of six months. Section 4 Securities 414 Security Before Approval (1) A security may be required as a condition prior to adoption of a bylaw, approval of a subdivision or issuance of a permit. (2) The security may be held for performance of works for servicing, landscaping or construction or to remedy an unsafe condition or to protect the natural environment. (3) The applicant shall provide the security deposit, in the form of either an Irrevocable Letter of Credit, cash, or certified cheque in a form satisfactory to the Treasurer. The amount of the security shall be 125% of the estimated cost of the works including maintenance for up to one year. The applicant must satisfy the District Engineer that the estimated costs for the purposes of the security are accurate. (4) The security may be returned in whole or in part as determined by any agreement between the District and the applicant or upon expiration of any pre-determined term (5) If the works are not completed by the date of expiry of the letter of credit, or an unsafe condition or damage to the natural environment has resulted as a consequence of the violation of the permit, the District may cash the security deposit for the purposes of entering upon the subject property and complete the works, construction, landscaping, or undertake works to correct the unsafe condition or correct the damage to the natural environment.

11 Development Application Procedures Bylaw CONSOLIDATED Page 11 (6) Upon completion of the works in accordance with (5) above, the District shall return any unused portion of the security to the applicant. Section 5 Enforcement 501 Inspection (1) The Director of Planning and Development, Building Inspector, Bylaw Enforcement Officers and any other authorized representative of the District is hereby authorized to enter at all reasonable times upon any premise to ascertain whether the regulations and provisions of this bylaw are being or have been complied with. 502 Offence (1) Every person who violates a provision of this bylaw commits an offence and is liable on summary conviction to a penalty not exceeding Ten Thousand Dollars ($10,000.00) and the costs of prosecution. (2) Each day that a violation of this bylaw exists shall constitute a separate offence. (3) No person or owner shall alter a building or land unless the owner has obtained the required approvals and holds valid permits required by District Bylaws. (4) No person shall interfere with or obstruct the entry of a Bylaw Enforcement Officer or any authorized District representative onto any land or into any building to which entry is made or attempted pursuant to the provisions of this bylaw. (5) No person shall alter a building or land contrary to a permit or a condition of a permit issued pursuant to this bylaw. 503 Repeals (1) District of Lake Country Notice of Development Proposal Bylaw is hereby repealed. READ A FIRST TIME this 04 th day of January, READ A SECOND TIME this 18 th day of December, 2001 READ A THIRD TIME this 08th day of January, ADOPTED this 22nd day of January, 2002 Original signed by Rolly Hein Mayor Original signed by Lynda Shykora Clerk, Deputy I hereby certify the foregoing to be a true and correct copy of the Bylaw cited as District of Lake Country Development Application Procedures Bylaw adopted by the Council on January 22 nd, Date Clerk, Deputy

12 Development Application Procedures Bylaw CONSOLIDATED Page 12 SCHEDULE A to Bylaw DEVELOPMENT NOTICE SIGN REQUIREMENTS 1 Where a Development Notice Sign is required by Section 309 of this bylaw, the sign shall be installed as follows: (1) Specifications (a) The Development Proposal Notice shall be the size and wording specified in this Schedule. (2) Installation (a) (3) Timing All Development Proposal Notice signs must be installed in a sound, workmanlike manner, capable of withstanding wind and weather. The sign shall not interfere with pedestrian or vehicular traffic, obstruct visibility from streets, lanes, walkways or driveways so as to create a hazard, and shall be sited in accordance with this Schedule. (b) At least one (1) sign is required for each property. In addition, there must be one (1) sign for every 100 metres of frontage. (a) (b) (c) All Development Proposal Notice signs must be installed by the applicant a minimum of ten (10) days prior to the Public Hearing date. Development Proposal Notice signs covering applications for Development Permit or Development Variance Permit shall be posted by the applicant upon verification by the Development Services Department of receipt of a complete application. The applicant must provide the District s Development Services Department with a statutory declaration in the approved format that all development notice signs required by this bylaw have been installed on the land involved before the application will be considered at a Public Hearing or by Council. (4) Official Community Plan and Zoning Amendment Applications (a) (b) All Development Proposal Notice signs must remain in place continuously until the Public Hearing is held, and must be removed within seven (7) days after the Public Hearing. If the Development Proposal Notice sign as defined under subsection (a) herein is not removed according to this subsection, the District of Lake Country may have the Development Proposal Notice removed at the owner's expense without further notice, and such expense shall be charged to the lands pursuant to Section 376 of the Local Government Act. (5) Development Permit/Development Variance Permit Applications (a) Development Proposal Notice signs covering application for Development Permit or Development Variance Permit shall remain continuously in place until the application is finally considered by Council. (6) Sign Fees (a) Fees shall be in accordance with the District s Fees bylaw as amended from time to time.

13 SCHEDULE A to Bylaw Sign Specifications This property is under consideration for the District of Lake Country for matters related to land use. Please contact the Planning Department for further information. District of Lake Country Bottom Wood Lake Road Lake Country, BC V4V 2M1 Phone:

14 SCHEDULE A to Bylaw Siting Specifications

15 Schedule B deleted and replaced by Bylaw 786, 2011 SCHEDULE B - Development Flowchart OCP Amendment ALR Exclusion Zoning Bylaw Amendment Subdivision Layout Approval Building Layout Approval Development Variance Permit Development Variance Permit Board of Variance Development Permit Development Permit Servicing Agreement & Final Plan Approval Servicing Agreement (if required) Access Permit Access Permit Building Permit Building Permit