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DEVELOPMENT APPLICATION PROCEDURES BYLAW
NO. 2032, 2020
This consolidation is a copy of a
bylaw consolidated under the
authority of section 139 of the
Community Charter. (Consolidated
on February 28, 2025 up to Bylaw
No. 2170, 2024.)
Official copies of the bylaws can be
found at Municipal Hall by
contacting the Corporate Services
department at 250.652.4444.
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THE CORPORATION OF THE DISTRICT OF CENTRAL SAANICH
BYLAW NO. 2032
A bylaw to Establish Development Application Procedures
WHEREAS the Municipal Council of the District of Central Saanich has adopted an Official Community Plan
and a Land Use Bylaw;
AND WHEREAS the Municipal Council has designated areas in the Official Community Plan within which
Development Permits are required and Temporary Use Permits may be issued;
AND WHEREAS the Municipal Council shall, pursuant to Section 460 of the Local Government Act, by
Bylaw, establish procedures to amend a plan or zoning bylaw or issue a permit;
NOW THEREFORE the Municipal Council of the District of Central Saanich, in open meeting assembled,
enacts as follows:
PART I - INTRODUCTION
1.
Title
This Bylaw shall be cited as the "Central Saanich Development Application Procedures Bylaw No.
2032, 2020".
2.
Definitions
In this Bylaw:
"District" means the Mayor and Councillors of the District.
"Council" means the Municipal Council of the District.
"Director" means the Director of Planning and Building Services who is the person appointed as
such by the Council and includes his or her lawful designate.
"Land Use Bylaw" means the Central Saanich Land Use Bylaw as amended from time to time.
"Lot" means a parcel of land, including crown land, which is legally defined either by registered
plan or description.
"Official Community Plan" means Central Saanich Official Community Plan Bylaw as amended
from time to time.
"Owner" means all of the registered owner(s) of a property as shown on a Land Title Certificate.
"Public Hearing" means a Public Hearing of Council pursuant to the Local Government Act.
"Site" means an area of land consisting of a lot or two or more abutting lots.
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3.
Scope
This bylaw shall apply to the following land use applications.
Applications requiring the adoption of, or amendment to a Bylaw:
a.
Amendments to the Official Community Plan
b.
Amendments to the Land Use Bylaw
c.
Heritage Revitalization Agreement Bylaw
d.
Heritage Designation Bylaw
e.
Amendment or discharge of a Land Use Contract prior to June 30, 2024, after which all land
use contracts are terminated under s. 547 of the Local Government Act
f.
Phased development agreements
g.
Housing agreements
Applications for the issuance of, or amendment to a Permit:
h.
Development Permits
i.
Development Variance Permits
j.
Temporary Use Permits
k.
Heritage Alteration Permits
Applications requiring approval by the Agricultural Land Commission:
l.
To include land in the Agricultural Land Reserve
m.
To exclude land from the Agricultural Land Reserve
n.
For a non-farm use in the Agricultural Land Reserve
o.
For a non-adhering residential use in the Agricultural Land Reserve
p.
To subdivide land in the Agricultural Land Reserve
Others:
q.
Amendments to or discharge of a covenant or other form of legal encumbrance related to
land use and development
r.
An exemption from the minimum highway frontage requirement of the Local Government Act
for a subdivision
s.
A request to waive or reduce the provision of park land, access to water, or any other
requirement at the time of subdivision
t.
A strata conversion of a previously occupied building
u.
Provincial referrals for liquor licences or cannabis retail licences
PART II - GENERAL PROVISIONS
1.
Commencing Work
In all development permit areas, a development permit must be approved before any land
alterations or development occurs, including but not limited to: land clearing, tree removal,
blasting, site preparation, the installation of services or roads, or the construction or alteration of a
building or structure, unless the District has confirmed that the proposed works are exempt from
requiring a development permit.
2.
Fees
All applications must include the applicable fees established in the Fees and Charges Bylaw at the
time the application is submitted.
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3.
Multiple Development Permit Areas
Where land is subject to more than one development permit area designation, only one
development permit application is required; however, the application must address the guidelines
of all applicable development permit areas and all fees would apply.
4.
Multiple Application Types
Where a proposed development requires more than one type of application, as much as possible
the applications will be processed concurrently and be presented to Council as one report.
5.
Application Form
The Director may prescribe application forms for the purpose of this Bylaw, and in doing so may
prescribe different form and information requirements for different types of applications based on
the nature or complexity of the application.
6.
Applications requiring approval by the Agricultural Land Commission shall be submitted through
their website and include all required information. After a complete application has been submitted
on-line, a copy of the documents and the application fee shall be provided to the District to initiate
the application.
7.
Re-application
A new application for a proposal that has been refused by Council shall not be considered within a
six month period immediately following the date of refusal unless an affirmative vote of two-thirds
of Council eligible to vote on the reapplication.
PART III - DEVELOPMENT APPROVAL INFORMATION
The following information shall be included as part of an application to facilitate its processing. All plans
noted below shall be prepared to scale, in metric, include a north arrow, and be dated.
1.
All applications shall include as base information the following:
a.
A copy of the title no more than 30 days old and copies of all registered encumbrances. If
there is a change in ownership of a property subject to an application, an updated Title
Certificate and authorization from all new owners is required.
b.
Authorization of all owners registered on title, which may be through signatures on the
application form or a separate letter.
c.
Completed application form, including a project description, which may include attaching
additional pages.
d.
Description and rationale for any requested variances.
e.
Site Plan prepared by a BC Land Surveyor of the property showing all existing structures and
uses on the land and major topographical features.
f.
A summary of any proposed Community Amenity Contributions or community improvements
beyond what is required by bylaw, if a zoning amendment is proposed (refer to Council Policy
0.3 Fin for more information).
g.
A completed site profile form may be required if applicable.
2.
In addition to the above, applications involving the construction or alteration of a building or
structure shall include:
a.
A professionally prepared site plan based on a legal survey of all proposed buildings and
structures including retaining walls, noting their dimensions, setbacks and geodetic
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elevations, as well as the separation distance to neighbouring buildings or structures on
adjacent properties.
b.
Building floor plans showing areas devoted to various uses or functions within the building.
c.
Building summary information including existing and proposed: gross floor area, lot coverage,
setbacks, height, floor area ratio, and number of units.
d.
Building elevations showing all sides of the building including exterior finishes, roof top
equipment, the natural and finished grades, exterior lighting fixtures and any projecting
features.
e.
Parking requirement calculations and the proposed layout showing dimension of parking
spaces and drive aisles.
f.
Existing and proposed site services, including sewer, water, storm drain, and underground or
overhead electrical service.
g.
Tree retention, removal, and replacement plan prepared by an Arborist accredited by the
International Society of Arboriculture (ISA) or a Landscape Architect accredited by the British
Columbia Society of Landscape Architects (BCSLA).
3.
In addition to the above, applications for multi-family, commercial, or industrial sites; institutional
sites where applicable; or Development Permit applications shall include:
a.
Landscaping plan as outlined in Section 7 below.
b.
Access and parking layout showing stall and manoeuvring aisle dimensions, curb stops,
loading bays, bike parking and bike storage areas.
c.
Site plan showing accessory structures and mechanical equipment, including hydrants, waste
collection areas, utility poles, underground utilities, and any proposed screening.
d.
Site plan showing relevant off-site features, such as transit stops, sidewalks, boulevard trees,
and street furniture.
e.
Building cross-section plans.
f.
Sign details, including lighting details.
g.
Streetscape renderings, showing the existing surrounding buildings and trees.
4.
In addition to the above, applications for sites within an environmental development permit area
shall include:
a.
An assessment report prepared by Qualified Environmental Professional, and such reports
shall reference the applicable guidelines and provide recommended mitigation measures.
5.
In addition to the above, applications for sites within the Erosion District shall include:
a.
Geotechnical report prepared by a qualified Geotechnical Engineer or Professional
Geoscientist providing an assessment of potential geotechnical hazards that may affect the
site and surrounding properties and a determination whether the proposal would result in an
accepted probability of geotechnical hazard for the intended uses.
b.
A site survey including topographic features showing natural slope contours in 1 to 5 metre
contour intervals, significant natural features, current and proposed buildings and structures,
roads and driveways, proposed site grading and post development contours.
6.
In addition to the above, the Director may require additional information or reports, including but
not limited to:
a.
Arborist Tree Assessment Report prepared by an ISA accredited Arborist.
b.
Transportation and Traffic Impact Study prepared by a qualified transportation professional.
c.
Shadow or View Impact Study, including a solar path and solar angle diagram.
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d.
Heritage Conservation Report by professional member of the Canadian Association of
Heritage Professionals.
e.
Risk Hazard Reports prepared by a qualified Risk Assessor to address potential risks related to
floodplain, wildfire, tsunami, or other identified hazards.
f.
Farm Business Plan to demonstrate a proof of need, which may include a description of farm
operations, current and proposed area for crop production, type and quantity of livestock,
and other farm activities related to labour requirement. A labour requirement summary
should include the number of employees, hours of weekly/ monthly employment and
seasonal demands.
g.
Confirmation of compliance with any archaeological assessments required by the BC
Archaeology Branch.
h.
Other studies deemed necessary.
Landscaping Plan:
7.
Where a landscaping plan is required, it shall:
a.
Be prepared by a Landscape Architect accredited by the British Columbia Society of Landscape
Architects for applications involving multi-family, commercial, industrial, institutional, or
mixed-use development applications.
b.
Be prepared by a Landscape professional accredited by the BC Landscape and Nursery
Association or an accredited Landscape Architect for development applications involving
single family dwellings, duplexes, or a multi-unit development up to four dwelling units.
c.
Despite 7 a) and b) above, for applications of a minor nature a landscape plan prepared by a
lesser qualified professional may be deemed acceptable by the Director.
d.
Show the location, size and species of existing and proposed plant materials, and identify
trees and areas of existing vegetation to be retained.
e.
Identify common and scientific plant names of proposed plantings, the quantity, calliper, root
ball size, and height at maturity.
f.
Confirm adequate soil volume suitable for the selected tree species.
g.
Show the dimensions and location of all existing and proposed landscaping relative to the
existing and final site grades, vehicle areas, property lines, easements, building entrances and
walkways, hydrants, waste collection areas, utility poles, underground utilities or other site
features that may impact landscaping.
h.
Include details of any hard landscaping, screening and fencing, retaining walls, storm water
management features, exterior lighting or street furniture.
i.
Show 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.
8.
No building permit shall be issued prior to the receipt of landscape security in accordance with Part
VI of this bylaw.
General:
9.
Where a professional report is required and such report must be prepared by a qualified
professional, the Director may accept a report prepared by someone able to demonstrate an
equivalent level of expertise and experience in the specified field.
10.
If the Director determines that an application is incomplete during the initial review, the application
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will be placed on hold and the applicant will be requested to provide the required information. If an
applicant does not provide the required information within three months of the request, the
applicant will be notified that the file will be closed.
11.
Nothing in this section prevents an applicant from submitting additional information or
supplemental reports not identified above.
12.
Upon receiving a complete application the Director shall review and circulate the application to
other District departments and outside agencies as required. Following a review of the application
the Director may require the applicant to provide further information.
13.
If an applicant is not willing to provide the requested information at this stage the application may
proceed to Council for consideration; however, the Planning Report may note where information is
considered insufficient and may result in a negative recommendation to Council.
14.
If the Director considers that the information provided by the applicant, or any portion of it, is
insufficient in scope, level of detail, accuracy or in any other respect, the Director may require the
applicant to provide an independent review prior to being considered by Council. The Director may
specify the methodology to be used and the review is subject to the District's acceptance that the
person conducting the review is suitably qualified and without prejudice.
15.
If an applicant is not willing to provide an independent review, the application will continue to be
processed; however, the Planning Report may note where information is considered insufficient
and may result in a negative recommendation to Council.
16.
When the application is considered by Council, Council may request additional professional reports
to be submitted or for the applicant to provide further information in written format.
PART IV - NOTIFICATION
1.
Public Notification
a. For applications requiring public notice, notification, may be required through mail delivery of a
written notice, posted signs on the land, and/or advertisement as per the Public Notice Bylaw.
b. Written notices must be mailed or otherwise delivered at least 10 days before the date of Council
consideration.
c. For applications requiring notice of First Reading or a Public Hearing, notification is required as
per the Public Notice Bylaw and must be provided not less than 3 days or more than 10 days
before the hearing in accordance with the Local Government Act.
d. For Temporary Use Permit applications, notification is required as per the Public Notice Bylaw and
must be provided not less than 3 days or more than 14 days before Council consideration in
accordance the Local Government Act. When the Permit is initially considered, but not at the
time of renewal, the notification may specify that the permit may authorize the use for up to
six (6) years and there being no ongoing issues related to the temporary use as required by the
Delegation of Authority Bylaw.
2.
Required Content
Public notices regarding an application must include the following information at minimum, and be
in a form of notice prescribed by the Director:
a.
The time and date of the public hearing or meeting at which the application will be considered
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by Council.
b.
The place the public hearing or meeting will be held.
c.
The purpose of the bylaw, permit or application in general terms.
d.
The land or lands that are subject of the application, including a sketch or other manner to
clearly identify the land.
e.
The place, date, and times when copies of proposed bylaws or permits may be inspected.
Where an application includes the adoption of a Bylaw and the issuance of a Permit, one notice may
be prepared incorporating information for both.
3.
Notice to Nearby Owners and Tenants
The District must mail or otherwise deliver notice of Council's consideration for any of the following
proposals:
-
amendment to the Official Community Plan or Land Use Bylaw,
-
Temporary Use Permit issuance or renewal,
-
variance to a Land Use Bylaw regulation,
-
a provincial Liquor Licence Referral unless the District otherwise opts out of providing
comments to the Liquor and Cannabis Regulation Branch,
-
a provincial Cannabis Retail Licence Referral,
to the owners and tenants in occupation of all lots, any part of which is:
a.
subject of the application, and
b.
located within 100 m of a property that is subject of the Bylaw amendment, Temporary Use
Permit, or a provincial referral, or
c.
located within 50 m of a property that is the subject of the proposed variance.
4.
Development Notice Sign
The applicant for an amendment to the Official Community Plan or Land Use Bylaw, a Temporary
Use Permit, or a variance to a Land Use Bylaw regulation shall post development notice sign(s) on
the subject property in accordance with Schedule "A" of this Bylaw, within three weeks of
submitting a complete application, which must also be no less than ten (10) days prior to the Public
Hearing where applicable, or the date of the Council meeting at which the application will be
considered.
5.
Exceptions
a.
Notification required under this section is not required if ten (10) or more parcels owned by
ten (10) or more persons are the subject of the Bylaw alteration.
b.
Notifications for applications requiring approval by the Agricultural Land Commission shall
provide notification as required by the Agricultural Land Commission.
c.
For those types of applications not identified in Section 1 of this Part, any notification
requirements under the Local Government Act or other applicable regulations shall apply.
d.
Applications approved under the Delegation of Authority Bylaw.
PART V - PROCESS
1.
The major steps in processing land use applications are outlined in Council Policy - Development
Application Process.
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PART VI - LANDSCAPING SECURITY
1.
Security as a condition of a land use permit pursuant to the Local Government Act is required at
125% of an acceptable cost estimate in a form satisfactory to the District.
2.
The security for landscaping may be reduced proportionately as the areas of the site are completed
and accepted by the Director.
3.
If landscape construction and planting is not completed within one year following issuance of the
occupancy permit, or an unsafe condition or damage to the natural environment has resulted as a
consequence of the violation of the permit, the District may draw upon the security for the purposes
of entering upon the subject property and completing the landscape construction and planting, or
undertake works to correct the unsafe condition or correct the damage to the natural environment.
4.
Upon completion of the landscape construction and planting, the District may withhold ten percent
(10%) of the security for one year to ensure plantings become established and remain healthy.
PART VII - GENERAL
1.
Effective Date
This Bylaw comes into force and takes effect on the date of adoption.
2.
Severability
If any section, subsection or clause of this bylaw is for any reason to be held invalid by the decision
of a court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this bylaw.
3.
Repeal
"Central Saanich Development Application Procedures Bylaw No. 1504, 2004" is repealed.
READ A FIRST TIME this
6th
day of
January,
2020.
READ A SECOND TIME this
6th
day of
January,
2020.
READ A THIRD TIME this
6th
day of
January,
2020.
ADOPTED this
20th
day of
January,
2020.
Ryan Windsor
Liz Cornwell
Mayor
Corporate Officer
SCHEDULE "A"
DEVELOPMENT NOTICE SIGN REQUIREMENTS
Where Development Notice Sign(s) are required pursuant to this Bylaw, they shall comply with the
following:
1.
Location
All development notice signs shall be placed on property that is subject to an application pursuant to this
Bylaw in a prominent location clearly visible from the street, approximately 3 m inside the property line.
2.
Number
One sign is required for each 100 m of street frontage provided that no more than three signs are required
for any one site.
3.
Size
Development notice signs shall be no less than 0.9 m x 1.2 m in area.
4.
Sign Installation
Development notice signs shall be located so as not to interfere with pedestrian or vehicular traffic or
obstruct visibility from streets, lanes or driveways and must be installed in a safe, sturdy manner capable
of withstanding wind and weather.
5.
Sign Purchase
Development notice signs shall be purchased from the District's Planning and Building Services
Department for the required fee based on cost to produce.
6.
Sign Removal
Development notice signs shall remain in place until the conclusion of the Public Hearing, until Council
has considered the Development Permit, Development Variance Permit or Temporary Commercial Use
Permit, as applicable, until Council has dealt with the amending Bylaw if the Public Hearing has been
waived, or until the development application has been abandoned. Development notice signs must be
removed within seven days of the conclusion of a Public Hearing or Council consideration of the Permit.
7.
Statutory Declaration Required
Prior to the application being scheduled for a Public Hearing the applicant must provide the District's
Planning and Building Services Department with photographic evidence of sign installation, or provide a
statutory declaration in the approved format confirming that all development notice signs required by
this Bylaw have been installed on the land.
8.
Postponement of Consideration of Application
Failure to post the required development notice sign(s) in accordance with this Bylaw shall result in the
postponement of the consideration of the application, the Public Hearing, Council consideration of the
application or Council consideration of the amending Bylaw if the Public Hearing has been waived. Any
costs incurred by the District for public notification as a result of such postponement shall be the
responsibility of the applicant.