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CORPORATION OF THE CITY OF NEW WESTMINSTER
HERITAGE PROCEDURES BYLAW NO. 7606, 2013
EFFECTIVE DATE: July 8, 2013
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
7928, 2017
June 13, 2017
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended
the principal Bylaw No. 7606, 2013. 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repealed is not referred to in this consolidation.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 # 1059233
Bylaw No. 7606, 2013
2
CITY OF NEW WESTMINSTER
I
BYLAW NO. 7606, 2013
A bylaw to authorize the withholding of approvals in respect of heritage property
______________________________________________________________________________
II
WHEREAS the City has adopted bylaws designating property as heritage property, and has
adopted a community heritage register; and
WHEREAS under Part 15 of the Local Government Act the Council may authorize officials of the
City to withhold permits authorizing the alteration or demolition of buildings having heritage
merit;
III
NOW THEREFORE the Council of the City of New Westminster, in open meeting assembled,
enacts as follows:
1.
In this Bylaw,
"Community Heritage Register" means the register adopted by Council resolution on
May 26, 1997, as amended from time to time.
BYLAW 7828, 2017
"Heritage Conservation Area Property" means property that is included in a heritage
conservation area designated by an official community plan;
BYLAW 7828, 2017
"Protected Heritage Property" means property:
(a)
that is the subject of a heritage designation bylaw;
(b)
in respect of which a temporary heritage protection order has been made under
Part 15 of the Local Government Act; or
(c)
in respect of which a heritage control period has been declared under Part 15 of
the Local Government Act.
Page 2
Bylaw No. 7606, 2013
3
2.
The Chief Building Inspector must withhold the issuance of any demolition permit in
respect of property that is included in the Community Heritage Register until a building
permit and any required development permit or special development permit have been
issued to authorize the construction of a building to replace the building that is being
demolished.
BYLAW NO. 7828, 2017
3.
The Chief Building Inspector must withhold the issuance of any demolition permit in
respect of:
(a)
any Protected Heritage Property; and
(b)
any Heritage Conservation Area Property in respect of which a heritage
alteration permit is required for demolition,
until a heritage alteration permit has been issued with respect to that property
and a building permit and any required development permit or special
development permit have been issued to authorize the construction of a building
to replace the building that is being demolished.
4.
The Chief Building Inspector must not withhold the issuance of any demolition permit in
respect of any demolition which is required by an enactment, or is reasonably required
to mitigate a hazard to public safety.
BYLAW 7828, 2017
5.
The Chief Building Inspector may withhold the issuance of any building permit and the
Director of Development Services may withhold the issuance of any development
permit or special development permit where he or she is of the opinion that the permit
would authorize:
(a)
an alteration to a Heritage Conservation Area Property, including new
construction of a building or structure or an alteration or addition to an
existing building or structure, in respect of which a heritage alteration
permit is required;
(c)
an alteration to a Protected Heritage Property;
(d)
an alteration to property in the Community Heritage Register.
6.
The official who has withheld a permit under section 5 must notify the applicant by
registered mail that the matter of the issuance of the permit will be considered by the
Council at a regular meeting the date, time and location of which are stated in the
notice, unless the meeting date is within five days of the date on which the notice would
be mailed in which case the notice must be given by personal service and not mailed.
Page 3
Bylaw No. 7606, 2013
4
7.
After hearing the applicant for the permit, the Council may authorize the official to
continue to withhold the permit until:
(a)
a heritage alteration permit is issued to authorize the work to which the
withheld permit relates;
(b)
the applicant for the permit grants a covenant to the City under s. 219 of
the Land Title Act containing terms and conditions satisfactory to the City
to protect or preserve the heritage value or character of the property,
and registers the covenant in the Land Title Office in priority to all
financial charges against the property; or
(c)
in the case of property subject to a temporary heritage protection order
or heritage control period, the temporary protection expires.
8.
If the Council takes no action under section 7, the official must issue the permit on the
business day following the date of the Council meeting if the permit is otherwise
issuable under the City's bylaws, the New Westminster Redevelopment Act or the
Building Code.
9.
This Bylaw may be cited as "City of New Westminster Heritage Procedures Bylaw No.
7606, 2013".
Page 4