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CORPORATION OF THE CITY OF NEW WESTMINSTER
HERITAGE ALTERATION PERMIT PROCEDURE BYLAW NO. 7859, 2016
EFFECTIVE DATE: June 15, 2016
CONSOLIDATED FOR CONVENIENCE ONLY
(June 30, 2017)
This is a consolidation of the bylaws listed below. The amendment bylaws have
been combined with the original bylaw for convenience only. This consolidation
is not a legal document. Certified copies of the original bylaws should be
consulted for all interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
7929, 2017
June 13, 2017
The bylaw numbers highlighted in this consolidation refer to the bylaws that
amended the principal Bylaw No. 7859, 2016. The number of any amending
bylaw that has been repealed is not referred to in this consolidation.
Obtainable from the City Clerk's Office
Doc # 1059407
Bylaw No. 7859, 2016
2
CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 7859, 2016
A bylaw of the Corporation of the City of New Westminster to establish procedures for
the issuance of heritage alteration permits
WHEREAS the Local Government Act authorizes the Council to define
procedures under which a person may apply for the issue of a permit under Part 15 -
Heritage Conservation of the Act;
AND WHEREAS the Community Charter authorizes Council to delegate its
powers, duties and functions, including those specifically established by an enactment, to
its officers and employees, its committees or its members or to other bodies established by
the Council;
NOW THEREFORE City Council of the Corporation of the City of New
Westminster in open meeting assembled enacts as follows:
TITLE
1.
This Bylaw may be cited for all purposes as "City of New Westminster
Heritage Alteration Permit Procedure Bylaw No. 7859, 2016."
REPEAL
2.
City of New Westminster Heritage Alteration Permit Delegation Bylaw No.
7260, 2008 is repealed.
HERITAGE ALTERATION PERMITS
BYLAW 7929, 2017
3.
Where a heritage alteration permit is required for a proposed action by:
(a)
the Local Government Act,
(b)
Official Community Plan Designation Bylaw No. 7435,
2011, as amended,
(c)
a bylaw or an order under Part 15 of the Local Government
Act,
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Bylaw No. 7859, 2016
3
(d)
a heritage revitalization agreement, or
(e)
a covenant under section 219 of the Land Title Act,
application shall be made to the City's Director of Development Services
in the manner and on the form prescribed by the Director.
4.
The Director of Development Services is authorized and empowered to:
(a)
issue a heritage alteration permit authorizing the following alterations
or other actions if such authorization is required by a heritage
revitalization agreement, a heritage designation bylaw, or a heritage
covenant under Section 219 of the Land Title Act;
i.
exterior repainting of part or whole of building;
ii.
changes to exterior building materials;
iii.
changes to exterior roofing materials;
iv.
exterior building repairs that alter the building appearance;
v.
new exterior windows or doors, in existing locations that alter the
building appearance;
vi.
placement of exterior communications equipment that is visible
from the street or neighbouring properties;
vii.
additions to the building or structure, whether fully or partially
enclosed or fully open to the outside except for a roof covering,
where the total interior floor area is increased by 20 square
metres or less;
viii.
new building or structure for storage of refuse and recycling;
ix.
new buildings or structures with a total interior floor area of 20
square metres or less that provide covered or enclosed bicycle
parking; and
x.
landscape changes or new landscaping, including both
installation of planting materials (but not seasonal planting) and
installation of permanent planters, guardrails and other hard
landscaping;
BYLAW 7929, 2017
(b)
issue a heritage alteration permit authorizing:
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Bylaw No. 7859, 2016
4
i.
subdivision of land within a heritage conservation area,
including any consolidation of parcels that constitutes a
subdivision of land under the Land Title Act;
ii. new construction of a building or structure within a heritage
conservation area;
iii. an addition to or an alteration of a building or structure in a
heritage conservation area, including demolition;
iv. alteration of land in a heritage conservation area; and
v. alteration of a feature in a heritage conservation area that
is protected heritage property,
where such authorization is required in accordance with Official
Community Plan Designation Bylaw No. 7435, 2011, as amended;
(c)
withhold the issue of a heritage alteration permit for an action which,
in the opinion of the Director of Development Services, would not be
consistent with the purpose of the heritage protection of the
property;
(d)
establish and impose terms, requirements and conditions on the
issue of a heritage alteration permit which the Director of
Development Services considers consistent with the purpose of the
heritage protection of the property; and
(e)
determine whether the terms, requirements and conditions of a
heritage alteration permit have been met.
RECONSIDERATION BY COUNCIL
5.
Where an applicant for a heritage alteration permit is dissatisfied with a
decision made by the Director of Development Services, the applicant may
apply to the Council for reconsideration of that decision within 30 days of the
decision being communicated to them.
6.
An application for reconsideration must be delivered in writing to the City
Clerk and must set out the grounds upon which the applicant considers the
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Bylaw No. 7859, 2016
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decision of the Director of Development Services is inappropriate, and what,
if any, decision the Council ought to substitute.
7.
The City Clerk shall place the matter on the agenda of a Council meeting
and shall advise the applicant, in writing, of the date and time of the meeting
and the applicant's right to be heard at the meeting.
8.
At the meeting of Council at which reconsideration occurs, the Council may
hear from the applicant, the Director of Development Services and any other
person interested in the matter who wishes to be heard, and may either
confirm the decision of the Director or substitute its own decision.
Page 5