Development Applications Fees and Procedures Bylaw – Consolidated

Langford, British Columbia

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CONSOLIDATED BYLAW NO. 209 A BYLAW TO ESTABLISH DEVELOPMENT APPLICATION FEES AND PROCEDURES List of Amendments Consolidated for Convenience Only This Bylaw has been consolidated as of 18 March 2013 for convenience only. Where applicable, capitalization, numerical order, and numbering have been altered for consistency. Copies of the original Bylaw and amendments may be viewed at Langford City Hall. Amendment No. Bylaw No. Adopted Rescinded by Bylaw No. 1 342 Dec 14, 1998 2 429 Feb 21, 2000 3 456 Apr 17, 2000 4 580 May 22, 2001 5 626 Mar 4, 2002 6 662 Apr 22, 2003 7 799 Dec 18, 2003 8 969 Aug 15, 2005 9 1081 May 7, 2007 10 1152 Aug 18, 2008 11 1202 Jan 19, 2009 12 1208 Apr 20, 2009 13 CANCELLED 14 1417 May 28, 2012 15 1558 Mar 2, 2015 16 1625 Nov 7, 2016 17 1693 Jun 8, 2017 18 1763 Jul 16, 2018 19 1848 Jun 4, 2019 20 1876 Nov 25, 2019 21 1900 Jun 29, 2020 22 1965 Jul 19, 2021 23 2048 Jun 20, 2022 24 2122 Mar 17, 2025 CITY OF LANGFORD CONSOLIDATED BYLAW NO. 209 A BYLAW TO ESTABLISH DEVELOPMENT APPLICATION FEES AND PROCEDURES WHEREAS Council, may by bylaw, impose an application fee for applications to initiate changes to a plan or bylaw or the issuance of a local government permit for the purpose of recovering an amount not exceeding the direct cost of processing, inspection, and advertising, relating to the application; AND WHEREAS Council has determined the direct costs to be as set out in this bylaw below; NOW THEREFORE, the Council of the District of Langford, in open meeting assembled, enacts as follows: 1. Every person applying for an amendment to the Zoning Bylaw, or the Official Community Plan or for a Development Permit, or a Development Variance Permit, or making an application to the Board of Variance shall pay the application fees set out in Schedules "D" and "E" attached hereto and forming part of this bylaw. (Bylaw 429) 2. Application An application shall be submitted in the prescribed form to the Clerk-Administrator by the registered owner of the land, or by a person authorized in writing by the owner to do so and shall be accompanied by the applicable fee, a written description of the specific proposal, and the reasons for the requested Official Community Plan amendment or Zoning Bylaw amendment; and, where the application is for the issuance of a permit, the application shall be accompanied by detailed site, building, and landscaping plans, as necessary, which illustrate the scope of the project. 3. Council deems that the fees set out in Schedules "D" and "E" are an accurate estimate of the costs of processing, inspecting and advertising the various types of applications set out. 4. Composition of Fees 4.1 Where an application fee includes a public hearing fee, the public hearing fee shall be returned to the applicant if an application is withdrawn by the applicant or rejected by Council before a public hearing date is established or notification is given. (Bylaw 662) 4.2 A combined application for Official Community Plan Bylaw Amendment and Zoning Bylaw Amendment will receive a 50% (fifty percent) reduction in zoning bylaw amendment application fee set out in schedule "D". (Bylaw 342) 4.3 If an application for rezoning or Official Community Plan amendment is withdrawn by the applicant prior to the first public notification that a Committee of Council will be reviewing the application (e.g.: Meeting Notice for Planning, Zoning and Affordable Housing Committee) the applicant shall be entitled to a refund of 50% (fifty percent) of the Base Fee portion of the Application Fee as set out in Schedule "D". If an application for rezoning or Official Community Plan amendment is withdrawn by the applicant after the notification noted above but prior to the first reading of any bylaw with respect to the rezoning or Official Community Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 Plan amendment, the applicant shall be entitled to a refund of 25% (twenty-five percent) of the Base Fee portion of the Application Fee as set out in Schedule "D". (Bylaw 1558) 4.4 The maximum application fee for rezoning, official community plan amendment or development shall be $50,000. (Bylaw 342, removed in its entirety by Bylaw 1152, added by Bylaw 1202) 4.5 Where an application fee includes a public hearing fee, the public hearing fee shall be paid following first reading of the bylaw to which the public hearing pertains and must be paid prior to the date when the first public notification of the public hearing is mailed (usually two weeks prior to the date of public hearing). Council will not proceed to public hearing unless the public hearing fee has been paid. (Bylaw 1208) 4.6 No part of any application fee for an application to the Board of Variance shall be refundable once there has been payment of the fee in part or in full. (Bylaw 429) 4.7 Except as provided for in subsections 4.1 and 4.3, no part of any application fee for an Official Community Plan Amendment, Zoning Bylaw Amendment, Development Permit, or a Development Variance Permit shall be refunded once 10 business days have passed from the day of the payment of the fees in part or in full. (Bylaw 429) 4.8 A request for a refund shall be in writing. (Bylaw 429) 4.9 If a request for a refund is received within 10 business days after the day the payment of the fees in part or full, then the full amount will be refunded less $150.00 to cover administrative costs. (Bylaw 429) 4.10 Applications are open for 18 months from the date first submitted. After that, they are deemed to have expired unless the applicant has submitted a renewal equal to 50% of the latest (current) fee applicable. Every subsequent 18 months a renewal fee is required. Once an application is approved, no further fees are required. This clause becomes effective on October 20, 2003. (Bylaw 662) 4.11 If work is undertaken for which a development permit or development variance permit is required, without benefit of a permit, the fees for the application necessary to approve the work undertaken will be double the original fee calculation for a development permit or development variance permit. (Bylaw 662) 4.12 (Deleted by Bylaw 1763 including table) 4.13 (Deleted by Bylaw 1763 including table) 4.14 (Deleted by Bylaw 1763) 4.15 (Deleted by Bylaw 1763) Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 5. Process Every application shall be processed by the Clerk-Administrator and the Municipal Planner shall present a detailed report to the Council for its consideration. 6. Official Community Plan or Zoning Bylaw The Council may, following receipt of the report pursuant to Section 6 in respect of an application to amend the Zoning Bylaw or an Official Community Plan Bylaw, proceed with an amending bylaw or reject the application. 7. Permits 7.1 After receipt of the report pursuant to Section 6, the Council may consider an application for a permit and, in the case of a development variance permit, notify the public and then either: (Bylaw 1558) a) Issue the permit; or b) Refuse to issue the permit. 7.2 An application for Development Permit Amendment with respect to Intensive Residential, Multi-Family, Commercial, Industrial and/or Business Park uses shall only be accepted prior to the issuance of an Occupancy Permit for the building that is subject of the application. A full Development Permit shall be required for any changes that are not eligible for an exemption per s.1.4 of Appendix A to Zoning Bylaw No. 300 after the issuance of an Occupancy Permit. (Bylaw 1558) 8. Form of Permits a) Development Permits shall be issued in the form of the permit attached hereto as Schedule "A"; b) Development Variance Permits shall be issued in the form of the permit attached hereto as Schedule "B"; and c) Temporary Commercial or Industrial Use Permits shall be issued in the form of the permit attached hereto as Schedule "C". 9. Refusal Where an application for a bylaw amendment or a permit has been refused by Council, the Clerk- Administrator shall notify the applicant in writing within 15 days of the date of refusal by Council. Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 10. Repeal Bylaw No. 86, "District of Langford Development Procedures Bylaw" is hereby repealed. 11. Citation This Bylaw may be cited as "City of Langford Development Procedures, Amendment Bylaw No. 24, 2025, Bylaw No. 2122". READ A FIRST TIME this 3rd day of March, 2025. READ A SECOND TIME this 3rd day of March, 2025. READ A THIRD TIME this 3rd day of March, 2025. ADOPTED this 17th day of March, 2025. ___________________________________ __________________________________ PRESIDING COUNCIL MEMBER CORPORATE OFFICER Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 Amending Bylaws: Bylaw 342 Amend No. 1, 1998 (adopted December 14, 1998); Bylaw 429 Amend No. 2, 2000 (adopted February 21, 2000); Bylaw 456 Amend No 3, 2000 (adopted April 17, 2000); Bylaw 580 Amend No. 4, 2001 (adopted May 22, 2001); Bylaw 626 Amend No. 5, 2002 adopted March 4, 2002); Bylaw 662 Amend No. 6, 2003 (adopted April 22, 2003); Bylaw 799 Amend No. 7, 2003 (adopted December 18, 2003); Bylaw 969 Amend No. 8, 2005 (adopted August 15, 2005); Bylaw 1081 Amend No. 9, 2007 (adopted May 7, 2007); Bylaw 1152 Amend No. 10, 2008 (adopted August 18, 2008); Bylaw 1202 Amend No. 11, 2008 (adopted January 19, 2009) Bylaw 1208 Amend No. 12, 2009 (adopted April 20, 2009) Amend No. 13 (CANCELLED) Bylaw 1417 Amend No. 14 (adopted May 28, 2012) Bylaw 1558 Amend No. 15 (adopted March 2, 2015) Bylaw 1625 Amend No. 16 (adopted November 7, 2016) Bylaw 1693, Amend No. 17 (Adopted June 6, 2017) Bylaw 1763, Amend No. 18 (Adopted July 16, 2018) Bylaw 1848, Amend No. 19 (Adopted June 4, 2019) Bylaw 1876, Amend No. 20 (Adopted November 25, 2019) Bylaw 1900, Amend No. 21 (Adopted June 29, 2020) Bylaw 1965, Amend No. 22 (Adopted July 19, 2021) Bylaw 2048, Amend No. 23 (Adopted June 20, 2022) Bylaw 2122, Amend No. 24 (Adopted March 17, 2025) Document Prepared: April 28, 2025 Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 SCHEDULE "A" TO BYLAW NO. 209 (Amended by Bylaw 429) DEVELOPMENT PERMIT NO. _______ Development Permit No. ______is hereby issued by the Council for the District of Langford to __________________, for the __________________________on the property legally described as _____________________________________; subject to the following terms and conditions: 1. Appendices The following requirement(s) is imposed under Subsection 498 of the Municipal Act: __________________________________________________________________________________ 2. Other Conditions The following requirements are imposed under Subsections 498) of the Municipal Act: __________________________________________________________________________________ 3. Variances The following Bylaw regulations are varied under Section 498 of the Municipal Act: __________________________________________________________________________________ 4. Bonding Prior to the issuance of a Building Permit, the applicant must deposit the following security under Section 925 of the Municipal Act: __________________________________________________________________________________ Approved by Council the ___ day of ______, YEAR. _____________________________________ ___________________________________ Director of Planning Date Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 SCHEDULE "B" TO BYLAW NO. 209 (Amended by Bylaw 429) DEVELOPMENT VARIANCE PERMIT NO. ______ Development Variance Permit No. _____ is hereby issued by the Council for the District of Langford to _______________________________________________________ for the property legally described as ____________________________________, subject to the following terms and conditions: Approved by Council the ___ day of ____________, YEAR. _____________________________________ ___________________________________ Administrator Date Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 SCHEDULE "C" TO BYLAW 209 (Deleted by Bylaw 429) TEMPORARY USE PERMIT NO. _____ Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 SCHEDULE 'D' TO BYLAW 209 Amendment No. 24 to Bylaw 209 (Replaced by Bylaws 342, 429, 662, 1081, 1152, 1417, 1558, 1625, 1693, 1763, 1848, 1876, 1900, 1965, 2048, 2122) Official Community Plan Amendment Fees Application Type Base Fee Public Hearing Combined Fee Application concurrent with Application to Rezone $2,478 nil $2478 All Land Uses <1000m2 of site area $3,466 $2,729 $6,194 All Land Uses 1001m2 - 8094m2 (2ac) of site area $6,975 $2,729 $9,909 All Land Uses >8094m2 - 40,467m2 (10ac) $10,276 $2,729 $13,004 All Land Uses >40,467m2 (10ac) $12,753 $2,729 $15,481 Zoning Amendment Fees Application Type Base Fee Public Hearing Combined Fee Text amendment only, under existing zoning for changes to Density Bonusing provisions $1,116 $2,729* $3,845 Text Amendment only under existing zoning for changes to not more than two (2) aspects of the Zoning Bylaw, other than Density Bonus provisions $2,227 $2,729* $4,955 All Land Uses <1000m2 of site area $3,466 $2,729* $6,194 All Land Uses 1001m2 - 8094m2 (2ac) of site area $7,160 $2,729* $9,888 All Land Uses >8094m2 - 40,467m2 (10ac) $10,276 $2,729* $13,004 All Land Uses >40,467m2 (10ac) $12,515 $2,729* $15,243 *Add $2,349 for the creation of a new zone designation Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 SCHEDULE 'E' TO BYLAW 209 Amendment No. 24 to Bylaw 209 (Replaced by Bylaws 342, 429, 456, 580, 626, 662, 799, 969, 1081, 152, 1417, 1625, 1693, 1763, 1848, 1876, 1900, 1965, 2048) Official Community Plan Amendment Fees Application Type Fee Application concurrent with Application to Rezone $2,615 All Land Uses <1000m2 of site area $6,540 All Land Uses 1001m2 - 8094m2 (2ac) of site area $10,240 All Land Uses >8094m2 - 40,467m2 (10ac) $13,720 All Land Uses >40,467m2 (10ac) $16,330 Zoning Amendment Fees Application Type Fee Text amendment only, under existing zoning for changes to Density Bonusing provisions $4,060 Text Amendment only under existing zoning for changes to not more than two (2) aspects of the Zoning Bylaw, other than Density Bonus provisions $5,230 All Land Uses <1000m2 of site area $6,540 All Land Uses 1001m2 - 8094m2 (2ac) of site area $10,430 All Land Uses >8094m2 - 40,467m2 (10ac) $13,720 All Land Uses >40,467m2 (10ac) $16,080 *Add $2,349 for the creation of a new zone designation Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 Development Permit Fees If any work for which a permit is required commences prior to a permit being issued, the fee payable shall be doubled Interface Fire Hazard Development Permit Area (ONLY) - Development Permit for one- and two- family residential development on an individual lot and/or the creation of not more than two lots by subdivision where development is fully compliant with Interface Fire Hazard design guidelines. $330 Riparian Development Permit Area (ONLY) - Development Permit for one- and two-family residential development on an individual lot where no work is occurring within a Streamside Protection and Enhancement Area (SPEA) as defined by a qualified professional; $650 Two-Family Residential (Duplex) - compliant with Design Guidelines and which may or may not include Interface Fire Hazard Development Permit Area;* $1,050 Two-Family Residential (Duplex) - not compliant with Design Guidelines and which may or may not include Interface Fire Hazard Development Permit Area and may or may not include variances;** $2,680 For combined Environmentally Sensitive/Hazardous and Form & Character applications, fees shall be paid on the basis of the greater of either the Environmentally Sensitive/Hazardous Development Permit Area(s) Impacted (column A) OR the scale of development (column B) Column A Column B Fee Environmentally Sensitive/Hazardous Development Permit Areas Impacted Form & Character Less than 150m2 of site area within a defined development permit area Less than 100m2 of new commercial/industrial/business park GFA; and/or exterior renovation of existing intensive residential (including duplex) or multi-family residential buildings that represents a change to the form and character of a building or buildings and/or Garden and carriage suites $650 150-1000m2 of site area within a defined development permit area Up to and including 4 residential units; and/or Up to 200m2 of new Com/Ind/Bus Park GFA; and/or exterior renovation of existing Com/Ind/Bus Park buildings up to 200m2 of GFA that represents a change to the form and character of a building or buildings; $2,350 1001-4500m2 of site area within a defined development permit area 5- 12 residential units; and/or Up to 300 m2 of new Com/Ind/Bus Park GFA and/or Exterior renovation of existing Com/Ind/Bus Park buildings up 2000m2 of GFA that represents a change to the form and character of a building or buildings; $4,960 4,501-25,000m2 of site area within a defined development permit area 13-49 residential units; and/or Up to 4500 m2 of new Com/Ind/Bus Park GFA and/or exterior renovation of existing Com/Ind/Bus Park buildings over 2000m2 of GFA that represents a change to the form and character of a building or buildings; $7,575 >25,000m2 of DP site area 50+ residential units; and/or 4501 m2+ of new Com/Ind/Bus Park GFA $12,410 *A duplex development permit issued by Council's delegate **A duplex development permit issued by Council Development Procedures Bylaw No. 209 Consolidated to March 17, 2025 Development Permit Amendment Fees The Director of Planning may consider the following types of amendments to an issued Development Permit, where such changes maintain the overall intent of the previously issued Development Permit and are consistent with the Development Permit Area Guidelines appended to Zoning Bylaw No. 300 Minor amendment for changes that are eligible for a Development Permit Exemption in accordance with s.1.4 of Appendix A to Zoning Bylaw No. 300 No Fee, unless a Letter of Exemption is requested or required Minor amendment for changes that: - Require the issuance of a Development Permit Amendment for the purpose of issuing a variance to reduce a bylaw requirement by no more than 10% $260 Moderate amendment for changes that: o Require the issuance of a Development Permit Amendment for the purpose of: o Increasing floor space by more than 10% of the GFA originally approved, but less than 20%; o Issuing a variance to reduce a bylaw requirement by more than 10%; o Adjusting a streamside protection and enhancement area per the conditions specified in s.2.3.4 of Appendix A to the Zoning Bylaw No. 300 and where such adjustment is supported by the project biologist 16% of the original fee Major amendment for changes that are not considered to be a Minor or Moderate amendment 27% of the original fee Appeal Fee (if Development Permit cannot be issued by Council's delegate) $1,630 in addition to above fees Development Permit Issued by Council with Variances (other than duplex) $1,630 in addition to the above fees Letter of Exemption from the Requirements of a Development Permit $130 Other Fees Board of Variance $815 Counter Petition: If the City is required to provide a counter petition opportunity as a result of any planning related application (Official Community Plan Amendment, Rezoning, Development Permit, Development Variance Permit, and Temporary Use Permit). $730 Development Variance Permit Fees Application Fee $1,630 Temporary Use Permit Fees Application Fee $2,290 Renewal Fee $330 Beginning in 2026, the fees will automatically be adjusted effective May 1st of each year by the annual percentage change in the All-Items Consumer Price Index (CPI) for Greater Victoria for the then most recently ended calendar year as published by Statistics Canada or successor in function.