Bylaw No 758, 2025 Development Procedure Bylaw

Gold River, British Columbia

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VILLAGE OF GOLD RIVER BYLAW NO. 758, 2025 A bylaw to establish the procedures within the Village of Gold River in accordance with Part 14 of the Local Government Act That Council of the Village of Gold River has adopted an official community plan and a zoning bylaw; AND WHEREAS Council of the Village of Gold River has designated areas within which temporary use permits may be issued and within which development permits are required; AND WHEREAS Council of the Village of Gold River shall, under section 460 of the Local Government Act, by bylaw establish procedures to amend an official community plan or zoning bylaw or issue a permit under Part 14 of the Local Government Act; AND WHEREAS Council of the Village of Gold River may, under section 468 of the Local Government Act, make requirements for the posting of development signs on properties that are subject to a proposed bylaw amendment; AND WHEREAS Council of the Village of Gold River may, under section 502 of the Local Government Act, require that the applicant for a permit under Part 14 of the Local Government Act provide security in an amount stated in the permit by an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government. NOW THEREFORE Council of the Village of Gold River in open meeting assembled enacts as follows: Application This bylaw shall be applicable to all lands and surface of the water within the Village of Gold River that are subject to any permit or application procedure as outlined in this bylaw. Relation to Local Government Act and severability This bylaw is not intended to conflict with any provision of the Local Government Act relating to any application nor to fetter any statutory authority of the Village of Gold River If any section, subsection, sentence, clause or phrase forming part of this bylaw is for any reason held to be invalid by the decision of any court or competent jurisdiction, the invalid portion shall be severed from the bylaw without affecting the validity of the bylaw or any remaining portions of the bylaw. Repeal Bylaw Nos. 577 and 578, being the "Village of Gold River Development Approval Procedures Bylaw, 577" and "Temporary Commercial and Industrial Use Permit Procedural Bylaw No. 578" and all amendments thereto is hereby repealed upon adoption of this bylaw. Page 2 Citation This Bylaw No. 758 may be cited as the "Village of Gold River Development Procedures Bylaw, 758, 2025" (1) General provisions (a) Definitions Applicant means any person who makes application for development under the provisions of this bylaw as authorized by all owners of the land subject to the application. Council means the council of the Village of Gold River. Fees and Charges Means all associated application fees as set out in Schedule "A" of the of Gold River Fees and Charges Bylaw No. 734, 2021 as amended from time to time. Pre-acceptance review means an informal review by Village staff of a development proposal or planning application. The review may identify the requirements and materials to assist an applicant in their submission of a complete planning application. Based on the location, scale, complexity or other factors of the project, the review may lead to the need for a pre- application consultation meeting. Pre-application consultation meeting means a meeting between an applicant and Village staff to identify the requirements and materials to assist the applicant in their submission of a complete planning application. The meeting may involve flagging issues to address, sharing information that needs to be considered and identifying additional required reports or information. Any comments made at the meeting do not imply or suggest any decision of Council or staff to either support or refuse any subsequent detailed application. Substantial changes to the proposal at the time of application submission may invalidate comments received during the meeting. Qualified professional May include a landscape professional, qualified environmental professional, a registered professional biologist or a registered professional engineer, who is working within their field of expertise and is in good standing with any applicable professional organization. Village officer means any person holding the officer positions of the Village of Gold River Page 3 (b) Application requirements (i) The minimum application requirements for all applications are: (1) Complete application form as provided by the Village Officer which must include a description of the proposed works. (2) A written explanation that summarizes the proposal as well as the need for the request. (3) A copy of all covenants, easements and encumbrances registered against the land title. (4) All associated application fees as set out in Schedule "A" of the Village of Gold River Fees and Charges Bylaw No. 734, 2021 as amended from time to time. (ii) In addition, to the above the following may be required: (1) A site plan prepared by a BC Land Surveyor (BCLS) in good standing. The site plan should show all existing and proposed buildings and development with all required setbacks. If a bylaw amendment is to permit future subdivision, the site plan should show all proposed lots and all watercourses and must illustrate there is a buildable parcel on each parcel that is compliant with all applicable bylaws. If an environmental assessment is involved for any application, the site plan should show all setbacks from the environmental features required under the applicable bylaws and regulations. (2) Professional reports as outlined in a pre-acceptance review or pre- application consultation meeting with staff. The requirement for these reports depends on the application type and is defined in the official community plan (OCP) and/or development approval information bylaw. Professional reports may include geotechnical assessments, rainwater management plans, erosion and sedimentation plans, biophysical assessments, and riparian areas regulation assessments. (iii) Incomplete applications will not be accepted. (c) Independent review (i) A Village of Gold River officer may request a report to be reviewed, at the applicant's expense, by a second qualified professional unrelated to and independent of, the qualified professional who prepared the initial submission. (ii) The applicant will be notified if an independent review of the report is required. Page 4 (d) Security deposit: a security deposit may be required for the following applications: (i) Temporary use permit: Council may require, as a condition of issuing the permit, a security deposit to guarantee the performance of the terms of the permit. (1) The permit may provide for the form of the security; and the means for determining when there is default under the permit, and the amount that forfeits to the Village of Gold River in the event of default. (2) The form of the security deposit shall be an irrevocable letter of credit or other form satisfactory to a Village of Gold River officer. If an irrevocable letter of credit is chosen, it shall be automatically renewable unless cancelled, and shall be redeemable locally. (3) The procedures for the release of the security deposit shall be: (a) The applicant confirms that buildings or structures are demolished and removed, and land restored to a condition specified in the permit, and requests in writing that the security deposit be released. (b) Upon confirmation that buildings or structures are demolished and removed, and land restored to a condition specified in the permit, Council will authorize the release the security deposit. (c) If the applicant fails to undertake such restoration works or defaults, the Village of Gold River may enforce the undertaking of such works by doing the work using the security. Any remaining security deposit will be forfeited to the Village of Gold River. (ii) Temporary occupation of an additional dwelling: when a property owner wishes to construct a dwelling unit on a lot that already has the maximum permitted number of dwelling units, the owner may apply for permission to occupy one of the existing dwelling units during the construction of the proposed dwelling unit, provided that the owner provides a form of security. (1) There are two options: (a) A $5,000 security deposit in an irrevocable letter of credit or other form satisfactory to a Village of Gold River officer, and a notarized terms of agreement signed by the property owner. If an irrevocable letter of credit is chosen, it shall be automatically renewable unless cancelled, and shall be redeemable locally; or (b) A covenant, with priority, to demolish, remove or convert to a non- residential use on one of the dwelling units. The covenant shall be a rent charge in the amount of $5,000 against the land title of the subject property to ensure that one of the dwelling units be demolished, removed or converted to a non-residential use. (2) An application fee pursuant to fees and charges bylaw applies. Page 5 (iii) Temporary occupation of a recreation vehicle: when a property owner wishes to construct a dwelling unit while staying in a recreational vehicle on the property, the owner may apply for permission to occupy the recreational vehicle, provided that the owner provides a form of security. (1) A $1,000 security deposit in an irrevocable letter of credit or other form satisfactory to a Village of Gold River officer, and a notarized term of agreement signed by the property owner. If an irrevocable letter of credit is chosen, it shall be automatically renewable unless cancelled, and shall be redeemable locally. (2) An application fee pursuant fees and charges bylaw. (e) Application abandonment, withdrawal or extension (i) An application that is inactive for a period of six months is deemed to be abandoned and will be closed. A refund pursuant to the fees and charges bylaw may be requested by the applicant in writing. (ii) If an application does not proceed or is withdrawn in writing by the applicant, a refund pursuant to fees and charges bylaw may be requested by the applicant in writing. (iii) An applicant may apply for an application extension of up to one year. Any extension approved by Council. (iv) Where an application has been denied, no reapplication for a substantially similar application shall be considered within one year of denial date of the previous application. This time limit may be varied pursuant to the Local Government Act. (v) If an application is closed, withdrawn or denied, fees pursuant to the fees and charges bylaw are applicable to any new application. (f) Permit amendment (i) Application process to amend a permit will be the same as the process for a new permit. (g) Notices to owners and tenants (i) Where notice is required, an applicant must provide written notification to all properties with 100 m of the subject property. A copy of the written notification must be provided to the Village prior to consideration of an application by Council. (ii) Development notice sign guidelines (1) The development notice sign must be installed, at the applicant's expense, at least 10 days prior to a statutory public hearing date. The applicant must submit photographs showing the installed sign on a visible location of the subject property. Failure to do so will require a rescheduling of the public hearing and additional fees. Page 6 (2) After the statutory public hearing, the development notice sign must be promptly removed at the applicant's expense. (3) The sign shall be designed consistent with the template supplied by the Village of Gold River and contain the following minimum information: - Application type, application number, street address and applicant's name; - Subject property map, may be supplied by the Village of Gold River, with a north arrow and street names; and - Description of the project considering proposed uses, gross floor area, building height, number of units and any other relevant information. (4) Specifications: - The minimum size of the sign is 1.2 metres in width and 1.2 metres in height. - The bottom of the sign façade must be at least 1.2 metres above grade. Page 7 (1) Procedures (a) Official community plan (OCP) or zoning bylaw amendment (i) An OCP or zoning bylaw amendment application submitted in accordance with this bylaw will be processed in substantial accordance with the following: Pre-application consultation meeting Application submission Staff Review (e.g., DAI process, site visit and internal referrals) External referrals (e.g., First Nations, agencies and advisory planning commissions) Staff report to Council to summarize referral responses, present bylaw, recommend first and second readings of the bylaw, and set public hearing date; or deny Council Notices to owners and tenants Public hearing notices/ notice of consideration in mail Development notice sign on subject property Statutory public hearing (Not required for residential rezonings consistent with OCP) Council to consider third reading of the bylaw or deny Approval by applicable provincial ministry, where required Council to consider fourth reading of the bylaw or deny Page 8 (ii) Notes (1) Staff may contact the applicant to identify any issues, conditions or requirements that need to be addressed. It will be the responsibility of the applicant to: (a) resolve issues, conditions or requirements identified; and (b) submit any necessary reports or studies. (2) Council may proceed as shown in the flowchart, may defer the application, may impose conditions, or may deny the application. Additionally, Council may request that an applicant: (a) advertise and host one or more public information sessions at their expense; (b) conduct, or pay a consultant to conduct, any studies deemed necessary to Council's consideration of the application; or (c) provide information or execute actions (e.g., register agreements). (3) Where public hearings are prohibited for residential rezonings that are consistent with the OCP, a notice of consideration must be sent to affected parties at least 10 business days prior to Coucnil consideration of the file. Page 9 (b) Temporary use permit (TUP) application (i) A TUP application submitted in accordance with this bylaw will be processed in substantial accordance with the following: Pre-application consultation meeting with applicant Application submission Staff Review and Council Notification (e.g., DAI process, site visit, internal referrals, advisory planning commission and consideration of monitoring reports and financial securities) Notices to owners and tenants Mailed notices Staff report to Council Council Approve TUP issuance Approve TUP issuance with conditions Deny TUP issuance Notice of permit to Land Title & Survey Authority of BC Review temporary use permit and conditions with applicant Once all conditions are met, notice of permit to Land Title & Survey Authority of BC" Page 10 Notes: (ii) TUP renewal (1) An applicant may apply to renew the TUP and the permit may be renewed only once. (2) The renewal should be applied for and granted within the term of the original TUP. (3) Council may impose additional conditions, including those that were not imposed in the original TUP. (4) A renewal application is subject to notification under section 1(h). (iii) Notes (1) Staff may contact the applicant to identify any issues, conditions or requirements that need to be addressed. It will be the responsibility of the applicant to: (a) resolve issues, conditions or requirements identified; and (b) submit any necessary reports or studies. (2) Periodic monitoring reports and/or a post activity report will be considered. Page 11 (c) DP application - DP issuance by Council (i) A DP application submitted in accordance with this bylaw will be processed in substantial accordance with the following: Pre-application consultation meeting for commercial, and industrial DPs (pre- acceptance review for other DPs) Application submission Review (e.g., DAI process, site visit and internal referrals) Staff report to Council Council Approve DP issuance Deny DP issuance Notice of permit to Land Title & Survey Authority of BC (ii) Notes (1) Staff may contact the applicant to identify any issues, conditions or requirements that need to be addressed. It will be the responsibility of the applicant to: (a) resolve issues, conditions or requirements identified; and (b) submit any necessary reports or studies. Page 12 (d) Development variance permit (DVP) application (i) A DVP application submitted in accordance with this bylaw will be processed in substantial accordance with the following: Pre-application review Application submission Review (e.g., site visit, referrals and advisory planning commission) Notices to owners and tenants Staff report to Council Council Approve DVP issuance Approve DVP issuance with conditions Deny DVP issuance Notice of permit to Land Title & Survey Authority of BC Once all conditions are met, notice of permit to Land Title & Survey Authority of BC (ii) Notes (1) Staff may contact the applicant to identify any issues, conditions or requirements that need to be addressed. It will be the responsibility of the applicant to: (a) resolve issues, conditions or requirements identified; and (b) submit any necessary reports or studies. Page 13 READ a first on this 5th day of August, 2025 READ a second time on this 5th day of August, 2025 READ a third time on this 5th day of August, 2025 RECONSIDERED AND FINALLY ADOPTED by the Council, signed by the Mayor and Clerk, and SEALED with the Corporate Seal all on this 2nd day of September , 2025. ___________________________ M. Lott, Mayor ___________________________ M. Roy, Clerk