Development Application Procedures Bylaw No. 3335

Langley, British Columbia

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CITY OF LANGLEY DEVELOPMENT APPLICATION PROCEDURES BYLAW NO. 3335 A Bylaw to establish procedures to amend the Official Community Plan or Zoning Bylaw and to issue a permit under Part 14 of the Local Government Act. The Council of the City of Langley, in open meeting assembled, enacts as follows: 1. TITLE This bylaw shall be cited as the "Development Application Procedures Bylaw, 2026, No. 3335." 2. GENERAL PROVISIONS 2.1 This Bylaw shall apply to (a) Amendments to: (i) an Official Community Plan (OCP); and (ii) a Zoning Bylaw. (b) Issuance of: (i) Development Permits; and (ii) Development Variance Permits. 2.2 In this Bylaw, "Affected person" means a person who is an owner or occupier of real property or any part thereof which is: (a) the subject of the application; or (b) within a distance of 100 metres from any boundary of the real property which is the subject of the application. "Applicant" means a person who is an owner or who is authorized in writing by the owner to act on the owner's behalf. "Application" means an application to do any of the items set out in this Bylaw. Development Application Procedures Bylaw Bylaw No. 3335 Page 2 "Application fee" means the application fee amount set out in the Fees and Charges Bylaw. "City" means the City of Langley. "Delegated Development Permit" means a Development Permit meeting the conditions described in Section 4.3 of this bylaw. "Fees and Charges Bylaw" means the City of Langley's Fees and Charges Bylaw in force and effect at that time, as amended from time to time. "Local Government Act" or "LGA" means the Local Government Act, R.S.B.C. 1996, c. 323, and its amendments. "Minor Development Variance Permit" means a Development Variance Permit meeting the conditions in Section 4.6 of this bylaw. "Residential development" means a development with residential floor area composing 50 percent or more of the development's total floor area. "Subdivision and Development Servicing Bylaw" means the City of Langley's Subdivision and Development Servicing Bylaw in force and effect at that time, as amended from time to time. 2.3 The following schedules are attached to and form part of this Bylaw: (a) Schedule "A" - Development Permit; (b) Schedule "B" - Development Variance Permit. 2.4 An applicant may apply to the City on the forms provided by the City to: (a) amend the Zoning Bylaw; (b) amend the OCP; or (c) issue a Development Permit or Development Variance Permit. 2.5 All applications will be accompanied by the required application fee and supporting information. 2.6 The application fee is non-refundable except when an application is refused by Council, prior to the publishing or delivery of any notice required to be given under this bylaw or the LGA, in respect of the application, or prior to consideration of first reading if no public hearing will be held, in which cases 50 percent of the application fee will be refunded to the applicant. 2.7 In accordance with the LGA, the City will mail or otherwise deliver a notice about the application to affected persons: (a) prior to the public hearing, in the case of an application involving a bylaw to amend the Official Community Plan, or an application involving a bylaw to amend the Zoning Bylaw for a non-residential development, or Development Application Procedures Bylaw Bylaw No. 3335 Page 3 (b) prior to consideration of first reading for an application involving a bylaw to amend the Zoning Bylaw for a residential development that is consistent with LGA Section 464; or (c) prior to consideration of first reading for an application involving a bylaw to amend the Zoning Bylaw if Council has waived the public hearing according to LGA Section 464; or (d) prior to Council's consideration of a Development Variance Permit application. 2.8 Where an application made pursuant to this Bylaw has been refused, the City will notify the applicant in writing. 2.9 Any application that has been refused will not be considered again within a six-month period immediately following the date of refusal. 2.10 Any application which is not approved within 24 months of the date of application is deemed to have expired and requires the applicant to reapply. At the discretion of the Director of Development Services, applications may be granted a single 12- month extension. 3. ZONING AND OFFICIAL COMMUNITY PLAN BYLAW AMENDMENTS 3.1 Within 30 days of the City receiving an official complete development application that involves a bylaw to amend the OCP or the Zoning Bylaw, the applicant must post a development application notice sign(s) on the subject property that includes the following information, as applicable to the application type: (a) notifies the public of the application; (b) provides contact information for the applicant and the City; (c) identifies the date on which a public hearing will be held for a bylaw to amend the OCP or a bylaw to amend the Zoning Bylaw, or if no public hearing will be held, the date when council will consider first reading (and further readings, if applicable) of the amendment bylaw; and (d) directs the public to where application information and drawings can be viewed on the City's website and/or in person at City Hall. 3.2 The size, design, and wording of development application notice sign(s) must be approved by the City prior to the applicant posting the sign. (a) The City may require the applicant to post more than one (1) development application sign on the subject property, due to property size, configuration, multiple public road frontages, adjacent property conditions and unique property characteristics that may impede the visibility of a single notice sign. 3.3 Prior to the mailing or delivery of a notice of a public hearing for a bylaw to amend the OCP, or a bylaw to amend the Zoning Bylaw for a non-residential development application, Council may: Development Application Procedures Bylaw Bylaw No. 3335 Page 4 (a) reject the application; (b) refer the application back to staff for further study and report; or (c) give first and second reading to the proposed amendment bylaw and proceed to public hearing. 3.3.1 After the public hearing is held, Council may: (a) reject the application; (b) refer the application back to staff for further study and report; or (c) give third reading to the proposed amendment bylaw with or without modifications imposed by Council. 3.4 Following the mailing or delivery of notice of first reading (and further readings, if applicable) of a bylaw to amend the Zoning Bylaw for a residential development application that is consistent with LGA Section 464, or for a bylaw to amend the Zoning Bylaw in which Council has waived the public hearing, Council may: (a) reject the application; (b) refer the application back to staff for further study and report; or (c) give first and further readings to the proposed amendment bylaw. 3.4.1 Council may give third reading of the proposed amendment bylaw with or without modifications imposed by Council. 3.5 Where a development servicing agreement is required in accordance with the Subdivision and Development Servicing Bylaw, the development servicing agreement shall be completed and signed by the applicant prior to the amendment bylaw being submitted to Council for fourth and final reading. 3.6 If the proposed amendment bylaw is submitted to Council for fourth and final reading, Council may either give fourth and final reading to the proposed amendment bylaw or refuse to do so. 4. DEVELOPMENT PERMITS AND DEVELOPMENT VARIANCE PERMITS 4.1 For the purposes of this Part, all references to a Development Permit or Development Variance Permit will apply also to an amendment or cancellation of same. 4.2 Prior to commencing any development of land, the applicant must apply for and obtain: (a) a Development Permit; or (b) a Development Variance Permit unless the proposed development falls within the exception(s) set out in the OCP. 4.3 The authority of Council to approve a Development Permit for the following forms of development is delegated to the Director of Development Services, unless the Development Application Procedures Bylaw Bylaw No. 3335 Page 5 subject development is also associated with Hazard or Environmentally Sensitive Area Development Permit Area guidelines or another development application type that must be considered by Council under this bylaw: (a) Residential development with 6 dwelling units or fewer; (b) Development in the C2 and M1 zones with a gross floor area of 1,000 m2 or less; (c) Development in the I1, I2, and I3 zones with a gross floor area of 2,000 m2 or less; (d) Subdivision in non-residential zones; and (e) Development Permit amendments. 4.4 In issuing a Delegated Development Permit, the Director of Development Services has the authority to vary or supplement a land use regulation bylaw in accordance with Section 490 (1) of the Local Government Act and Section 4.6 of this bylaw. 4.5 Delegated Development Permit applications shall not be reviewed by the Advisory Design Panel (ADP), including those that may be referred to Council in accordance with Section 4.8 of this bylaw. However, the Director of Development Services retains discretion and authority to refer Delegated Development Permit applications to the ADP. In such case, a Delegated Development Permit application may then, but is not required to, be referred to Council by the Director of Development Services. 4.6 In accordance with Sections 498.1(1) and 498.1(2)(a) of the Local Government Act, a Development Variance Permit shall be considered a Minor Development Variance Permit and have approval authority delegated to the Director of Development Services if the requested variance(s) meets the following criteria: (a) It pertains to one or more of the following regulations and conditions: i. Setbacks under the Zoning Bylaw, as follows; 1. R1 zone: Reduced to be no less than R2 zone requirements or a 1.5 m rear setback for carriage homes; 2. All other R zones: Any reduction, for accessory buildings only. 3. All C, M, and I zones: Any reduction. ii. Lot coverage under the Zoning Bylaw, as follows; 1. R1 zone: Maximum 37% lot coverage; 2. All C, M, and I zones: Maximum increase of 10 percentage points. iii. Landscaping and screening under the Zoning Bylaw; and iv. Off-street parking under the Zoning Bylaw, as follows: 1. R1 zone: Maximum 1 space reduction, exclusively for the retention of significant trees; 2. All other R zones: Maximum 10% reduction. 3. All C, M, and I zones: Maximum 10% reduction. (b) It is not associated with another development application type that must be considered by Council under this bylaw; (c) It is consistent with the Official Community Plan; and Development Application Procedures Bylaw Bylaw No. 3335 Page 6 (d) It does not pertain to any regulations under the Subdivision and Development Servicing Bylaw. 4.7 In accordance with Section 498.1(2)(b) of the Local Government Act, in considering a Minor Development Variance Permit application, the Director of Development Services shall consider the following guidelines: (a) Applicable City policies and guidelines; (b) Neighbourhood context, including established neighbourhood character; (c) Effects on the City's urban forest and tree canopy; (d) Impacts to neighbouring properties; and (e) Any other considerations that the Director of Development Services considers to be relevant or appropriate. 4.8 The Director of Development Services retains discretion and authority to refer Delegated Development Permit and Minor Development Variance Permit applications to Council. 4.9 Applicants for a Delegated Development Permit or a Minor Development Variance Permit are entitled to appeal a staff decision to Council. 4.10 Notwithstanding Section 4.6 of this bylaw, any Development Variance Permit application concerning a specific regulation or condition to which a variance had been considered by Council within the previous 12 months, whether as part of a Development Permit of Development Variance Permit application, shall not be considered to be a Minor Development Variance Permit application. 4.11 Within 30 days of the City receiving an official complete Development Permit or a Development Variance Permit application, except for Delegated Development Permit or Minor Development Variance Permit applications, the applicant must post a development application notice sign(s) on the subject property that: (a) notifies the public of the application; (b) provides contact information for the applicant and the City; (c) identifies the date in which Council will consider approval of the Development Permit or Development Variance Permit application; and (d) directs the public to where application information and drawings can be viewed on the City's website and/or in person at City Hall. 4.12 If a Delegated Development Permit or Minor Development Variance Permit application is referred by the Director of Development Services to Council, a development application notice sign must be posted on the subject property a minimum of 10 calendar days before the application is considered by Council. 4.13 Within 30 days of the City receiving an official complete Development Permit or Development Variance Permit application, information on the application shall be published on the City's website. Development Application Procedures Bylaw Bylaw No. 3335 Page 7 4.14 The size, design, and wording of development application notice sign(s) must be approved by the City prior to the applicant posting the sign. (a) The City may require the applicant to post more than one (1) development application sign on the subject property, due to property size, configuration, multiple public road frontages, adjacent property conditions and unique property characteristics that may impede the visibility of a single notice sign. 4.15 After the mailing or delivery of a notice of consideration of a Development Variance Permit application by Council, Council may, by resolution: (a) authorize the issuance of a Development Variance Permit with or without conditions; (b) refer the application back to staff for further study and report; or (c) refuse to authorize the issuance of a Development Variance Permit. 4.16 When a Development Permit application is considered by Council, Council may, by resolution: (a) authorize the issuance of a Development Permit with or without conditions; (b) refer the application back to staff for further study and report; or (c) refuse to authorize the issuance of a Development Permit. 4.17 Where a development servicing agreement is required in accordance with the Subdivision and Development Servicing Bylaw, the development servicing agreement shall be completed and signed by the applicant prior to the Development Permit application being submitted to Council for approval. 4.18 The applicant must sign the Development Permit or the Development Variance Permit prior to issuance of the Development Permit or the Development Variance Permit. 4.19 Where a Development Permit or a Development Variance Permit includes the requirement to undertake landscaping as a condition of the issuance, the applicant shall provide security sufficient to cover the cost of installing the landscaping, the amount of which will be stated in the Development Permit or the Development Variance Permit. 4.20 Where a Development Permit or Development Variance Permit is issued, amended or cancelled, a notice shall be filed in the Land Title Office. 5. SEVERABILITY If any part, section, clause or sub-clause of the Bylaw is, for any reason, held to be invalid by the decision of a court of competent jurisdiction, it will be severed and the validity of the remaining provisions of this Bylaw will not be affected. Development Application Procedures Bylaw Bylaw No. 3335 Page 8 6. REPEAL "Development Application Procedures Bylaw, 2024, No. 3270" and its Amendments are hereby repealed. READ A FIRST, SECOND AND THIRD TIME this twenty-third day of March, 2026. ADOPTED this thirteenth day of April, 2026. ______________________ MAYOR _____________________ CORPORATE OFFICER Development Application Procedures Bylaw Bylaw No. 3335 Page 9 DEVELOPMENT APPLICATION PROCEDURES BYLAW NO. 3335 SCHEDULE "A" DEVELOPMENT PERMIT NO. This Permit is issued to: as the owner (hereinafter called the "Permitee") and shall apply only to ALL AND SINGULAR that certain parcel of land situate in the City of Langley, in the Province of British Columbia and more particularly known and described as: Legal Description: Parcel Identifier: Civic Address: Roll No.: (hereinafter called "the lands herein") Purpose of Permit: (hereinafter called "the works") This Permit is issued subject to compliance with all of the bylaws of the City of Langley (hereinafter referred to as the "City), except as specifically varied or supplemented by this Permit. The following terms and conditions shall apply to the development of the lands herein: Development Application Procedures Bylaw Bylaw No. 3335 Page 10 1. Siting of Buildings and Structures All buildings and structures on the land herein shall be sited in accordance with the provisions of Zoning Bylaw 1996, No. 2100 and plans to attached hereto as Schedule "A" and forming part of this Permit. 2. Form, Exterior Design and Finish of Buildings and Structures: All buildings and structures on the lands herein, including renovations and alterations thereto, shall be constructed in accordance with the plans to attached hereto as Schedule "A" and forming part of this Permit. 3. Landscaping or Screening: Landscaping or screening or both shall be installed within twenty-four (24) months after the date of final approval of the subdivision in conformity with the plans to attached hereto as Schedule "B" and forming part of this Permit. AND as security for the due and proper performance of the landscaping works, the Permittee shall, prior to the granting of a building permit for the proposed development, deposit with the City security in the amount of $ in a form satisfactory to the City (hereinafter called the "security deposit"). AND the Permittee hereby further agrees and covenants with the City that in the event that the landscaping works are not completed as hereinbefore provided and within the terms herein provided, and if a building permit has been issued by the City authorizing construction of the development hereby authorized or any such apart of development, that the City may, at its option, draw on the security deposit, enter upon the lands herein at reasonable times and in a reasonable manner and by its employees or other persons carry out and complete the landscaping works, and to recover the costs of so doing, including the cost of administration and supervision thereof, from the security deposit. In the event that the security deposit is not sufficient to cover the costs to the City, the Permittee agrees and covenants to pay the balance owing to the City forthwith upon receipt of its invoice. Upon completion of the landscaping works to the satisfaction of the City, the City shall return ninety percent (90%) of the original security deposit remaining, if any, to the Permittee. A holdback of ten percent (10%) of the security amount, if any shall be held by the City for twenty four (24) months thereafter building permit issuance to guarantee satisfactory maintenance of the landscaping works by the Permittee over this period of time and shall be refunded to the Permittee at the end of the period, unless any expenditures made by the City on the maintenance of the landscaping works made necessary by the failure of the Permittee to properly perform. Refunds of the deposit herein shall only be made by the City upon satisfactory inspection by it and submission of certificates by the Permittee. If the landscape design was produced by someone other than a registered BC Landscape Architect and the landscaping works are not completed as hereinbefore Development Application Procedures Bylaw Bylaw No. 3335 Page 11 provided and within the terms herein provided, and if a building permit has been issued by the City authorizing construction of the development hereby authorized or any such apart of development, the Permittee hereby agrees that the City may draw on the full amount of the security deposit to fund a City tree planting account, with no moneys returned to the Permittee. 4. Construction: The works set forth in this Permit shall be provided, located and constructed in accordance with all applicable statutes, regulations and bylaws and according to engineering plans and specifications to be provided by the Permittee and approved by the City and all such works shall be carried out and completed to the satisfaction of the City. AND in consideration of granting of this Permit by the City the Permittee hereby agrees and covenants with the City that it will carry out and complete all such works as are to be undertaken and will commence the development of the lands herein in conformity with all the terms and conditions with a period of two (2) years after the date of this Permit. 5. This Permit does not constitute a subdivision approval or a building permit. 6. AUTHORIZING RESOLUTION PASSED by the Council of the City of Langley on the day of , . 7. IN WITNESS WHEREOF the parties hereto have hereunto executed this Permit which is hereby issued by the City the day of , . Party(ies) Signature(s) ) ) Authorized Signatory ) ) ) ) Authorized Signatory ) ) The Corporate Seal of the CITY OF ) LANGLEY was hereunto affixed in the ) presence of: ) ) ) ) Director of Development Services ) ) ) ) Chief Administrative Officer ) Development Application Procedures Bylaw Bylaw No. 3335 Page 12 DEVELOPMENT APPLICATION PROCEDURES BYLAW NO. 3335 SCHEDULE "B" DEVELOPMENT VARIANCE PERMIT NO. This Permit is issued to: as the owner (hereinafter called the "Permittee") and shall apply only to ALL AND SINGULAR that certain parcel of land situate in the City of Langley, in the Province of British Columbia and more particularly known and described as: Legal Description: Parcel Identifier: Civic Address: Roll No.: (hereinafter called "the lands herein") Purpose of Permit: (hereinafter called "the works") This Permit is issued subject to compliance with all of the bylaws of the City of Langley (hereinafter referred to as the "City), except as specifically varied or supplemented by this Permit. The following terms and conditions shall apply to the development of the lands herein: Development Application Procedures Bylaw Bylaw No. 3335 Page 13 1. Siting of Buildings and Structures The lands herein are zoned pursuant to the City of Langley Zoning Bylaw, 1996, No. 2100. The City of Langley Bylaw, 1996, No. 2100 is hereby varied in respect of the lands herein as follows: 2. This Permit does not constitute a subdivision approval or a building permit. 3. AUTHORIZING RESOLUTION PASSED by the Council of the City of Langley on the day of , . 4. IN WITNESS WHEREOF the parties hereto have hereunto executed this Permit which is hereby issued by the City the day of , . Party(ies) Signature(s) ) ) ) Authorized Signatory ) ) ) ) Authorized Signatory ) ) The Corporate Seal of the CITY OF ) LANGLEY was hereunto affixed in the ) presence of: ) ) ) ) Director of Development Services ) ) ) ) Chief Administrative Officer )