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VILLAGE OF BELCARRA
BYLAW NO. 230, 1995
Being a Bylaw to establish procedures to amend an Official Community Plan, or a zoning
bylaw or to issue a permit under part 29 of the Municipal Act
WHEREAS the Council of the Village of Belcarra has adopted an Official Community Plan and
Zoning Bylaw;
AND WHEREAS the Council shall under Section 954(1) of the Municipal Act, by bylaw
establish procedures to amend a plan, bylaw or issue a permit;
NOW THEREFORE BE IT RESOLVED that the Municipal Council of the Village of
Belcarra, in open meeting assembled, hereby enacts as follows:
TITLE:
1.
This Bylaw may be cited for all purposes as the "Village of Belcarra Development
Approval Procedures Bylaw No. 230, 1995".
2.
Therefore, Bylaw No.159, 1990 being the "Village of Belcarra Development Approval
Procedures Bylaw" is hereby REPEALED.
3.
This bylaw shall apply to the following:
a)
Amendments to:
(i)
an Official Community Plan, and
(ii)
a Zoning Bylaw, and
b)
Issuance of:
(i)
development variance permits.
FEE:
4.
At the time of application to amend an Official Community Plan, Zoning Bylaw or a
Development Variance Permit, fees will be determined as outlined in the current "Village
of Belcarra Fees Bylaw (as amended)".
Development Approval Procedures
Bylaw No. 230, 1995
Page 2
APPLICATION:
5.
a)
Applications for an amendment to a bylaw or a permit shall be made by the
owner(s) of the land involved or by a person authorized by the owner.
b)
Applications for amendments to a bylaw or permits shall be submitted to the
Clerk-Treasurer of the Village of Belcarra on the appropriate applicable form.
c)
In addition to the completed application form, the following must be provided:
(i)
a Certificate of Title (current within 30 days);
(ii)
an Application Fee (non-refundable);
(iii)
an Authorization Form (should the owner of the land have another person
act on his/her behalf;
(iv)
a Letter of Intent;
(v)
a Site Plan illustrating the proposed variance;
(vi)
two (2) sets of fully dimensioned floor plans, exterior elevations, and cross
sections drawn to scale.
PROCESS:
6.
a)
Every application shall be reviewed by the Building Inspector. If necessary, the
application will be referred to the Clerk, Planner, or the appropriate provincial
government agency for comments.
b)
The Building Inspector prepares a report to the Council recommending whether or
not an Amendment or a Development Variance should be issued, and outlining
the conditions or prerequisites that must be met by the applicant. The report shall:
(i)
contain a copy of the application;
(ii)
contain a copy of the proposed amendment bylaw or proposed permit;
(iii)
contain
the
recommendation
of
the
Clerk-Treasurer
and
the
recommendations of the Advisory Planning Committee, if appropriate;
(iv)
state the amount of fees collected;
(v)
state the proposed security to be posted by the permittee, if any, and
(vi)
additional relevant information.
AMENDMENTS - APPROVAL OR REFUSAL:
7.
The Council may, upon receipt of the report under section 6 of this bylaw proceed with an
amendment bylaw.
Development Approval Procedures
Bylaw No. 230, 1995
Page 3
PERMITS - APPLICATION REVIEW:
8.
The council may, upon receipt of the Building Inspector's report under section 6 of this
bylaw:
a)
authorize the Clerk-Treasurer to notify affected property owners of the application
; and
advise the date of the council meeting at which the application will be formally
addressed by Council;
b)
require that changes be made to the proposal;
c)
request that additional information be provided; or
reject the application.
PERMITS - APPROVAL OR REFUSAL:
9.
The Council may, upon formal review of an application for a Development Variance
Permit at a Council meeting, where members of the public are invited to provide
comments:
a)
authorize the issuance of the permit;
b)
authorize the issuance of the proposed permit should certain prerequisite
conditions be satisfied;
c)
require that changes be made to the proposal;
d)
request additional information be provided; or
reject the application.
ISSUANCE OF PERMIT:
10.
a)
The Clerk-Treasurer will issue the Development Variance Permit once all the
prerequisites conditions (if any) have been addressed.
b)
Notification of the Permit will be registered with the Land title Office by the
municipality.
REFUSAL - AMENDMENTS AND PERMITS:
11.
Where an application for an amendment bylaw or a permit has been refused by the
Council, the Clerk-Treasurer shall notify the applicant in writing within fifteen (15) days
immediately following the date of refusal an shall give reasons for the refusal.
RE-APPLICATION:
12.
Subject to Section 954(3) of the Municipal Act, re-application for an amendment or
permit that has been refused by the council shall not be considered within a six (6) month
period immediately following the date of refusal.
Development Approval Procedures
Bylaw No. 230, 1995
Page 4
READ A FIRST TIME THIS 26th DAY OF JUNE, 1995
READ A SECOND TIME THIS 26th DAY OF JUNE, 1995
READ A THIRD TIME THIS 26th DAY OF JUNE, 1995
ADOPTED BY THE MUNICIPAL COUNCIL THIS 28th, DAY OF JUNE, 1995
Ralph Drew
Moira McGregor
M A Y O R
CLERK-TREASURER
File\moira\bylaws\devappro.230