Bylaw No. 2123 – Development Approval Procedures Bylaw

Grand Forks, British Columbia

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Page 1 of 14 THE CORPORATION OF THE CITY OF GRAND FORKS DEVELOPMENT APPROVAL PROCEDURES BYLAW NO. 2123 A bylaw to establish procedures for development applications and terms and conditions for development approval information. The Municipal Council for the Corporation of the City of Grand Forks, in open meeting lawfully assembled, ENACTS as follows: Citation 1. This bylaw may be cited as the "Development Approval Procedures Bylaw No. 2123". Interpretation 2. A reference in this bylaw to any bylaw or form of the City is a reference to the bylaw or form as amended, revised, consolidated or replaced from time to time. A reference in this bylaw to Provincial legislation is a reference to the legislation as amended, revised, consolidated or replaced from time to time. 3. Section numbers and other descriptors included in square brackets are inserted for convenience and may be updated from time to time without amendment to the bylaw. 4. The headings contained in this Bylaw are for convenience only and are not to be construed as defining or in any way limiting the scope or the intent of the provisions of this Bylaw. Definitions 5. In this bylaw, unless the context otherwise requires: 5.1. Applicant means any person who makes an application under the provisions of this bylaw as authorized by the owner of the Lands. 5.2. Application means a request submitted to the City that falls within the scope of this bylaw and includes any request to: 5.2.1. amend the Official Community Plan; 5.2.2. amend the Zoning Bylaw; 5.2.3. obtain, amend, or have reviewed a Development Permit, Development Variance Permit, Board of Variance application, or a Temporary Use Permit of Temporary Use Permit Renewal; or 5.2.4. enter into, amend, or discharge a Phased Development Agreement, Housing Agreement, Heritage Revitalization Agreement, Section 219 Covenant, Statutory Right of Way, or any other encumbrance on the Lands that includes City as a party. 5.3. City means the City of Grand Forks. Development Approval Procedures Bylaw No. 2123 Page 2 of 14 5.4. Lands means the parcel or parcels of land that are the subject of an application. 5.5. Official Community Plan (OCP) means the City of Grand Forks Official Community Plan Bylaw No. 2089. 5.6. Owner means, in respect of real property, all registered owners of the Lands, as verified through a recent Land Title Office search, and includes the holder of an interest in a portion of the Lands that is authorized to alter the use, develop, or otherwise encumber that portion of the Lands. 5.7. Qualified Professional (QP) means a professional engineer, geoscientist, architect, landscape architect, certified arborist, biologist, forester, qualified environmental professional, Registered Professional Planner, or other professional licensed to practice in British Columbia (B.C.) who is registered and in good standing with an appropriate B.C. professional organization constituted under the Professional Governance Act or other applicable Provincial legislation. A Qualified Professional must: 5.7.1. practice only within their recognized field of expertise, as demonstrated through their professional education, certification, and relevant experience; 5.7.2. adhere to the code of ethics governing their professional association; and 5.7.3. be subject to the disciplinary processes and oversight or that association. 5.8. Staff means the Chief Administrative Officer or that person's designate. 5.9. Zoning Bylaw means the City of Grand Forks Zoning Bylaw No. 2039. Scope 6. The purpose of this Bylaw is to establish clear and efficient procedures for development approvals while also implementing applicable legislation and adopted Council policies. 7. This bylaw applies to an Application as defined in this bylaw. 8. The Applicant must provide development approval information requested by Staff as per Development Approval Information Requirements of the Local Government Act (LGA), the OCP, and this bylaw. General Requirements for all Applications 9. Applications for approvals must be made in accordance with the requirements of this bylaw, statutory requirements and, where applicable, Schedule 1: Notice of Application Sign Requirements. 10. Pre-application meetings between the Applicant and Planning Staff are encouraged for the preliminary review of any proposed development or potential Application within the scope of this bylaw, including discussion of whether an Application is required, the applicable submission requirements, and anticipated review processes, prior to the Applicant applying to the City. Development Approval Procedures Bylaw No. 2123 Page 3 of 14 11. The Applicant must submit their Application to Staff, in writing on the applicable City form, and complete with the applicable authorizations, fees and information. 12. Upon receipt of a complete Application submitted in accordance with the requirements of this bylaw and payment of the applicable fees as specified in the Fees and Charges Bylaw, Staff will open a file and issue a receipt to the Applicant. 13. After the City receives payment, Staff will begin the development approval process. 14. Where a proposed activity or development involves more than one type of Application, the Applicant must comply with all the applicable provisions of this bylaw. Application Information 15. Base Information for all Applications must include: 15.1. Land Title Certificate (State of Title Certificate or Title Search) obtained no more than seven (7) days prior to the application including copies of all registered encumbrances. If there is a change in ownership of the Lands subject to an Application under this bylaw, the Applicant must provide an updated Land Title Certificate and authorization from all new owners. 15.2. Owner Authorization for an agent to act on behalf of the Owner, where applicable, signed by all owners registered on title, either as signatures on the application form or a separate letter. 15.3. Completed application form, as applicable, including a project description. 15.4. Description and rationale for a variance request (if applicable to the Application). 15.5. Site Plan in the metric system and drawn to scale showing information relevant and applicable to the Application, including: 15.5.1. existing or proposed buildings and structures, 15.5.2. height and elevation, 15.5.3. parking, roads, driveways, 15.5.4. topographical features, slopes and contours, landscaping, 15.5.5. summary of calculations for zoning regulation compliance, 15.5.6. present natural boundary of a watercourse. 15.6. A site survey and certificate of location prepared by a BC Land Surveyor if a proposed development involves a variance to the siting or building envelope of a building or structure. 15.7. Current site photos. 16. Staff may require an Applicant to provide information on the anticipated impact of a proposed activity or development on the community and measures to reduce these impacts, including: 16.1. Consistency of the activity or development with the OCP and any other relevant City bylaw, plan or policy in preparation or adopted by Council. Development Approval Procedures Bylaw No. 2123 Page 4 of 14 16.2. Compatibility with adjacent City owned land, rights of way, covenants, and easements. 16.3. Construction management plan outlining the staging, implementation schedule, and duration of construction for any proposed development including proposed impact mitigation. Additional Development Approval Information 17. If the OCP identifies special conditions or objectives that justify the designation of areas or circumstances requiring information about the impact of development, Staff may request additional development approval information in relation to applications for Zoning Bylaw amendments, development permits and temporary use permits that is: 17.1. directly related to the proposed development in context of the statements in the OCP; 17.2. proportional to the scale, nature, and location of the development; and 17.3. additional to information already provided or reasonably available to the City. 18. This section does not limit the authority of Council to require additional information or to approve, refuse, or vary development approvals under their authority. 19. An Applicant subject to a decision of Staff to require additional development information is entitled to have Council reconsider the decision without charge. 20. If the proposed development or activity is within or may affect an OCP designated area or circumstance, Staff may request information on specific subjects, including: Transportation 21. Regarding land within 800 metres of an intersection with a controlled-access highway or major transportation corridor, required information may include: 21.1. traffic assessment for the proposed development considering growth areas identified in the City's OCP and other potential growth areas adjacent to the City. 21.2. analysis of the proposed development's impact on public rights of way, including: 21.2.1. transportation impacts such as daily and peak hour trip generation and assignments, 21.2.2. traffic circulation, 21.2.3. traffic safety, 21.2.4. vehicular capacity of the road, 21.2.5. size and configuration of intersections, 21.2.6. turning lanes, 21.2.7. traffic lights, 21.2.8. bike routes, and 21.2.9. sidewalks. Development Approval Procedures Bylaw No. 2123 Page 5 of 14 21.3. active transportation demand management strategies, including: 21.3.1. public transit, 21.3.2. parking demand, 21.3.3. pedestrian, cyclist and vehicular traffic flow or operation, 21.3.4. trip generation, 21.3.5. site access and egress, 21.3.6. network connectivity and accessibility, 21.3.7. assessment of any public right-of-way upgrading, reconfiguration, or expansion needed to accommodate the additional pedestrian, bicycle, and motor vehicle trips per day generated by the proposed development, 21.3.8. review of sidewalks, paths and cycling routes provided to accommodate the proposed development and how they are going to be linked to the existing active transportation network, 21.3.9. recommendation on how to improve road safety measures, pedestrian crossing locations, truck routes, emergency routes and sight visibility, 21.3.10. a description of traffic calming measures to increase public safety, and 21.3.11. a context map showing links to the existing City network of roads, pedestrian and bicycle routes, and trails. Form and Character and Built Environment 22. Regarding land where the Official Community Plan identifies objectives or circumstances regarding form and character and built environment, required information may include: 22.1. analysis of the proposed development's compatibility with adjacent community land uses, functions, form, character, aesthetic, and scale of development; 22.2. analysis of land use impacts including noise, vibration, glare, and electrical interference; 22.3. analysis on the essence and extent of landscape and visual impacts on view corridors, the creation of shadows, visual envelope, prominent features, and landscape character regarding views to and from the proposed development; 22.4. analysis on the phasing and timing of the activity or development and related impacts on the surrounding neighbourhood; 22.5. vision context statement describing how the proposed development meets the City Community Vision: "Grand Forks is a thriving, future-looking city with unique neighbourhoods and a distinctive downtown."; and 22.6. other matters as may be identified by Staff in consideration of the neighbourhood and development context, the proposed development, the OCP and/or other policies and plans. Development Approval Procedures Bylaw No. 2123 Page 6 of 14 Local Infrastructure 23. Regarding land where the OCP indicates objectives or conditions about the impact of development on local infrastructure, required information may include: 23.1. details of how the Application addresses and meets the requirements and standards set out in the City's bylaws including Subdivision, Development and Servicing Bylaw, Wastewater Regulations Bylaw, Water Regulation Bylaw, and Electrical Utility Regulation Bylaw applications for variances or amendments as applicable with rationale; 23.2. a functional servicing assessment of local infrastructure and site servicing, including but not limited to drainage, water, sewer, electrical and other utilities, to determine the impact of the development on City infrastructure, including capital, operations, and maintenance over the lifecycle of the development; and, 23.3. estimates of the proposed development concerning: 23.3.1. water demand, and in the case of phased development, by each phase of development, 23.3.2. electrical demand, and in the case of phased development, by each phase of development, 23.3.3. amount of surface drainage water that would be generated and the options available for collection, storage, and disbursal of such drainage, 23.3.4. analysis of the existing public water systems and the options available for the supply and delivery of water to the proposed development, 23.3.5. analysis of the existing public electrical system and the options available for the supply and delivery of electricity to the proposed development, 23.3.6. analysis of the existing systems for disposal and treatment of sewage and the options available for the treatment and disposal of sewage from the proposed development, 23.3.7. assessment of existing deficiencies of the water, sewer, electrical, and drainage systems in dealing with the proposed development, and 23.3.8. evaluation of the new capital works required for the proposed development of water, sewer, electrical and drainage systems and their cost and the potential funding sources for these expenditures. Natural Environment and Hazardous Conditions 24. Regarding land where the Official Community Plan identifies objectives or special conditions requiring information about the interaction of development or activities with the natural environment or hazardous conditions, may require development approval information as applicable to the proposed development and its context, including: 24.1. identification and description of relevant natural, environmental, and hazardous conditions affecting the site or adjacent lands, which may include terrain, hydrology, hydrogeology, geomorphology, climate, ecological systems, vegetation, watercourses, and known or potential natural hazards; Development Approval Procedures Bylaw No. 2123 Page 7 of 14 24.2. assessment of the potential effects of the proposed development on natural systems and hazardous conditions, including impacts on hydrological and geomorphological processes, terrestrial and aquatic ecology, habitat function, erosion and sediment transport, and the initiation or exacerbation of natural hazards; 24.3. identification and evaluation of measures to avoid, minimize, mitigate, or manage identified impacts or risks, including design modifications, construction practices, phased implementation, restoration, revegetation, drainage management, and environmental protection measures; 24.4. assessment of site safety for the intended use, including recommended setbacks, construction elevations, and land use limitations, and identification of any residual risks that cannot be fully mitigated, together with measures to inform, manage, or monitor such risks over the life of the development; and 24.5. where applicable, recommended conditions, covenants, monitoring, maintenance, or other mechanisms to ensure the ongoing effectiveness of mitigation measures and protection of the natural environment or public safety. 25. The Applicant must confirm that the mitigation development works, and actions designed to reduce hazards or impacts meet regulatory requirements, before completing the information package including the detailed design. Reports by Qualified Professionals 26. The Applicant must provide reports by Qualified Professionals whenever required under this bylaw or other applicable bylaw or legislation. 27. Staff may require that the Applicant provide, at the Applicant's expense, documents, plans, and development approval information in a report that is certified by a Qualified Professional, which: 27.1. Complies with and fully addresses the relevant assessments; 27.2. Identifies and defines the context, magnitude, and significance of the anticipated impacts of the activity or development on the community, as well as the methodology, assumptions, acceptability thresholds, and how the anticipated impacts may cumulatively contribute to existing circumstances and risks; 27.3. Provides recommendations for conditions or requirements Council or Staff may impose to mitigate or ameliorate the anticipated impacts; and 27.4. Provides recommendations and details costs for modifications to the environment, or construction of works, to mitigate or ameliorate the anticipated impacts. 28. The Applicant must work with Staff to review and confirm the scope for the report or impact study in accordance with any relevant Terms of Reference for Professional Reports. 29. Every report of a Qualified Professional provided by an Applicant must be prepared to the satisfaction of Staff. Development Approval Procedures Bylaw No. 2123 Page 8 of 14 30. Staff are authorized to establish and revise the size, form, and quality of information, documents, plans, and development approval information needed to assist in reviewing or processing the Application. 31. Staff are authorized to waive any of the information, documents, plans, or development approval information if, at their discretion, the information is not required to assist in reviewing or processing the Application. 32. Staff may review all documents and design drawings to verify general compliance with the requirements but will not determine the adequacy or accuracy of the Qualified Professional's design or opinion. Any errors or omissions are the sole responsibility of the Applicant and their Qualified Professional who has certified the documents and design drawings. 33. Requirement for Independent Review. 33.1. Staff may require an independent review of the study results at the Applicant's expense, in circumstances including: 33.1.1. the complexity, degree of specialization required, and whether the City has Staff familiar with the matter; 33.1.2. Staff reasonably believe the analysis or findings may be incorrect, outdated, incomplete or deficient; 33.1.3. Staff capacity to ensure timely review of the study results and Application processing timelines. 33.2. If the City requires an independent review, Staff will notify the Applicant in writing of the scope, fees and timeline required. 34. Incomplete or Deficient Reports. 34.1. If Staff determine that a submitted report is outdated, incomplete, or deficient, Staff will notify the Applicant in writing about the deficiencies and the time limit to resubmit the revised report. 35. Presentation of Reports or Impact Studies. 35.1. Staff may request, at the Applicant's expense, the presentation of the report or impact study to Council, the community, or Staff by the Qualified Professional(s) that prepared the document. 36. Publication of Information. 36.1. The City may distribute and publish a report containing development approval information requested under this bylaw. Development Approval Procedures Bylaw No. 2123 Page 9 of 14 Referrals, Public Notification, Consultation and Signage 37. Referrals 37.1. External Agencies: When reviewing Applications, Staff will develop a referral list of agencies, organizations, or levels of government that the Application may be sent to for review and comment. Each agency, organization or level of government will be given at least fourteen calendar days from the date of the referral to provide comments. 37.1.1. When not required by legislation, referrals may be sent to other agencies - including via email - at any time before final consideration by Council occurs and at the discretion of Staff. These notifications are not intended to delay consideration of the matter and response remains at the discretion of the other agency. 37.2. Internal City Departments: The review of Applications by Council or Staff includes referrals to all applicable City departments for advice as it is deemed necessary to evaluate the Application. Each department will be given at least seven calendar days from the referral date to provide comments. 37.3. Council may at any time in any application process require that an Application be referred to any internal staff or external agency for review, information and comment that Council considers appropriate. Such additional referral does not constrain Council in its decision-making process or require it to await comments from the referred party. 38. Public Notification, Consultation, and Signage 38.1. Public notification and consultation will be provided in accordance with the LGA. 38.2. Council may, at its discretion, require Staff to provide additional notice or consultation. 38.2.1. For example, the City practice of Development Permit with Variance Applications adhering to the DVP notification process will continue to be implemented by Staff, unless Council advises otherwise. 38.3. The specified distance for notices is 30 metres from the exterior boundary property line of the subject Lands. 38.4. Council may, at its discretion, require Staff to provide additional notice. 38.5. Where notification or consultation requirements meet provincial requirements, inadvertent failure to implement additional requirements must not affect the processing or validity of a decision on an Application. Council retains the discretion to decide on an Application or advise Staff to repeat or conduct additional notice or consultation, or otherwise. 38.6. Notice Signage is required in accordance with Table 1: "Public Notification Signage", and the Applicant must post the Notice Sign as per Schedule 1: Notice of Application Sign Requirements of this bylaw. Development Approval Procedures Bylaw No. 2123 Page 10 of 14 Application Type Notice Sign OCP Amendment R Zoning Bylaw Amendment (if not consistent with OCP) R Zoning Bylaw Amendment - if public hearing waived or prohibited N/R DP Delegated N/R DP Council N/R DVP Council N/R BOV N/R TUP R TUP Renewal N/R Phased Development Agreement N/R Table 1: Public Notification Signage. R = Required, N/R = Not Required Security 39. Pursuant to the Local Government Act and as per the OCP, security may be required as a condition of land use permits. 39.1. Security required by the City must be in the form of bank draft or an irrevocable letter of credit, effective with no expiry. 39.2. Such irrevocable letter of credit must be clean and unconditional, automatically renewing and redeemable at a Canadian Financial Institution. 39.3. Staff may require that the Applicant provide an amount of security based on the following considerations: 39.3.1. The cost to the City to enter the land, undertake and inspect work, construction or other activities required to satisfy any conditions in the permit respecting landscaping. 39.3.2. The cost to the City to enter the land, undertake and inspect work to correct an unsafe condition, including any work to repair any damage, because of a contravention of a condition in a permit. 39.3.3. The cost to the City to enter the land, undertake and inspect work to correct damage to the natural environment because of a contravention of a condition in a permit. 39.3.4. For Temporary Use Permits and Heritage Alteration Permits, the cost to the City to perform any or all terms, requirements or conditions of the permit. Development Approval Procedures Bylaw No. 2123 Page 11 of 14 39.4. Staff may request an estimate or quote provided at the Applicant's expense by a professional qualified to undertake or supervise the works for which the securities are required. 39.5. Where an estimate or quote is used by Staff to determine the amount of security, the security taken must be increased to 125% of the estimate or quote. 39.6. When security is required, the Applicant must provide the security: 39.6.1. when required as a pre-condition to a permit, before Staff signs and issues the permit; or 39.6.2. when required as condition of a permit, or incorporated into the terms of the permit, before receiving a building permit or as otherwise specified in the permit. 39.7. If applicable, Staff may identify security amounts required for each development phase. 39.8. In imposing the security requirements under this section, Staff may require the security to be maintained for so long as there is a reasonable possibility of contravention of a landscaping condition, the creation of an unsafe condition, or the causing of harm to the environment in connection with the development authorized by the permit. 39.9. Security that is to be returned must be given to the current registered owner of the subject parcel if the registered owner of the land is different from when the Application was approved, provided the City is holding such security. Abandonment, Extensions, and Re-application. 40. Abandoned Applications and Extensions 40.1. Where Staff determine that an Application is either incomplete, or requires further information from the Applicant, Staff will notify the Applicant in writing what information is needed to proceed with an Application. 40.1.1. If the Applicant fails to provide the requested information within six (6) months of the written request, the Application is considered abandoned and may be cancelled. 40.1.2. Prior to the cancellation of an Application the Applicant may submit a written request for a one-time six-month extension to be granted at Staff's discretion. 41. Reapplication Time Limit 41.1. In accordance with the Local Government Act, the time limit for reapplication for any Application within the scope of this Bylaw, that has been denied or refused, is twelve (12) months from the date of refusal. 41.1.1. An Applicant may request Council to vary this limit by submitting a detailed written statement explaining their reasons for re-application. Development Approval Procedures Bylaw No. 2123 Page 12 of 14 Delegation of Council Authority 42. Refer to Delegation Bylaw No. 1831. Council Reconsideration of Staff Decision 43. Where an Applicant has a right of reconsideration of a delegates' decision under provincial legislation or this bylaw, the Applicant may, at no charge, request that Council reconsider the decision as follows: 43.1. Within 14 days of being notified in writing of the decision of Staff under this bylaw, the Applicant may request that Council reconsider the decision. 43.2. The Applicant must give written notice to the City Corporate Officer setting out the grounds on which the Applicant considers the decision to be inappropriate, including the specific decision, and what decision Council should use as a substitute. 43.3. The City Corporate Officer will notify the delegate of the request(s) for reconsideration and the delegate will, prior to the date of the meeting at which the reconsideration will occur, provide a copy of the written memo setting out the rationale for their decision to Council. 43.4. The City Corporate Officer will place the request(s) for reconsideration on the agenda of the next reasonably possible meeting of Council. 43.5. The City Corporate Officer will notify the Applicant of the date of the meeting at which reconsideration will occur. 43.6. Council will review the information provided by the Applicant and Staff, and either confirm the decision made by Staff, or substitute its own decision including terms and conditions as applicable. Penalty 44. A person who violates this Bylaw, or who allows a violation to occur, commits an offence. 44.1. Each day a violation continues is a separate offence. 44.2. A person convicted of an offence is liable to a fine between $500 and $10,000 44.3. The City may seek to recover the costs of prosecution in addition to any fine imposed. Enforcement 45. A Bylaw Enforcement Officer designated under the Municipal Ticket Information Bylaw is authorized to enforce this Bylaw. 45.1. An officer or employee may enter property at any reasonable time to inspect and determine if this Bylaw is being followed No person may obstruct or interfere with an officer or employee exercising this power. The City may enforce this Bylaw by municipal ticket, prosecution, injunction, direct enforcement or any other legal remedy. Development Approval Procedures Bylaw No. 2123 Page 13 of 14 Severability 46. 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 of competent jurisdiction, the invalid portion must be severed from the Bylaw without affecting the validity of the Bylaw or any remaining portions of the Bylaw. General 47. Any one or more of the procedures in this bylaw, except those that are required by provincial legislation, may be temporarily suspended (either generally or specific to an Application) by unanimous vote of the Council present. 48. Upon adoption, the Planning Procedures and Fees Bylaw No. 1669, 2001 is repealed. 49. Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time. 50. 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. Read a first, second, and third time by the Municipal Council this 4th day of May, 2026. Adopted this 25th day of May, 2026. ______________________ _____________________________ Mayor - Everett Baker Corporate Officer - Kevin McKinnon Development Approval Procedures Bylaw No. 2123 Page 14 of 14 CERTIFICATE I hereby certify the foregoing to be a true and correct copy of Bylaw No. 2123, cited as the "Development Approval Procedures Bylaw No. 2123", as passed by the Municipal Council on the 25th day of May, 2026. ____________________________________ Corporate Officer of the Municipal Council of the City of Grand Forks