THE CORPORATION OF DELTA BYLAW NO. 7492 A Bylaw to declare a Heritage Control Period WHEREAS the Council of The Corporation of Delta may by bylaw pursuant to Section 608 of the Local Government Act RSBC 2015, as amended, declare a heritage control period for the purposes of heritage conservation planning for an identified area: NOW THEREFORE, The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as Delta Heritage Control Period: Ladner. 2. In this bylaw: Building Official means an employee of the Corporation serving in the capacity of Plans Examiner and includes the Manager of the aforementioned employees; Director of Engineering unless otherwise noted, means the person appointed by the Council of The Corporation of Delta from time to time as the Director of Engineering and includes a person acting in that capacity or a person delegated to act by the Director of Engineering; Director unless otherwise noted, means the person appointed by the Council of The Corporation of Delta from time to time as the Director of Community Planning and Development and includes a person acting in that capacity or a person delegated to act by the Director; Heritage Control Period means the period of time stated in Section 5; Inventoried Property or Inventoried Properties means property or properties within the Ladner Area, documented in Delta s Urban Heritage: An Inventory or Delta s Rural Heritage: An Inventory, and shaded black on the map in Schedule 7492-2. Ladner Area means those certain areas in the municipality of Delta shown on the map in Schedule 7492-1 enclosed by the bold line and marked Subject Areas ; Landscape feature includes any hedge, shrub or tree that grows on an Inventoried Property and which is documented for that property in Delta s Urban Heritage: An Inventory or Delta s Rural Heritage: An Inventory; and
- 2 - Qualified person has the same meaning as given in Delta Tree Protection and Regulation Bylaw No. 7415, 2015. 3. The Council of The Corporation of Delta considers that the Inventoried Properties and their associated Landscape features have heritage value and heritage character and further heritage conservation planning is to be undertaken for the Ladner Area. 4. The Council of The Corporation of Delta hereby declares a Heritage Control Period for the Ladner Area in order to allow for heritage conservation planning in respect of the Ladner Area. 5. The Heritage Control Period commences on the date this bylaw is adopted and continues until one year after the said date. 6. During the Heritage Control Period, a property within the Ladner Area is subject to protection in accordance with Section 606 of the Local Government Act. 7. Notwithstanding the protection afforded by this bylaw, alterations may be made without a heritage alteration permit to: A. A property which is not identified as an Inventoried Property; B. A building, structure or Landscape feature on an Inventoried Property where: 1) A heritage alteration permit has been issued in relation to those alterations prior to adoption of this bylaw; 2) A heritage revitalization agreement or development permit has been entered into in relation to those alterations; 3) The Director is satisfied, based on a report from a qualified person, that the Landscape feature has been severely damaged by a natural cause and is not, in the opinion of the qualified person, likely to survive; or 4) The Director is satisfied that the Landscape feature is in imminent danger of falling and causing injury to persons or to existing structures and the Corporation has been notified of the danger in writing. Where the Director determines that the damage or imminent danger described above was caused by actions directly attributed to the property owner or taken with the knowledge of the owner, the Director may, at their discretion, require replacement or remediation of the landscape feature.
- 3-8. The Director, Director of Engineering, or Building Official must withhold the issuance of a development permit, tree cutting permit, building permit or demolition permit where they consider the permit would authorize an alteration inconsistent with the heritage protection of an Inventoried Property afforded by this bylaw. 9. Schedules 7492-1 and 7492-2 form a part of this bylaw. READ A FIRST time the 29 th day of May, 2017. READ A SECOND time the 29 th day of May, 2017. READ A THIRD time the 29 th day of May, 2017. FINALLY CONSIDERED AND ADOPTED the 12 th day of June, 2017. Lois E. Jackson Lois E. Jackson Mayor Robyn Anderson Robyn Anderson Municipal Clerk
- 4 - Schedule 7492-1
- 5 - Schedule 7492-2, Page 1 of 3
- 6 - A Schedule 7492-2, Page 2 of 3
- 7 - Schedule 7492-2, Page 3 of 3