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CORPORATION OF THE CITY OF NEW WESTMINSTER
ADVISORY PLANNING COMMISSION BYLAW NO. 5791, 1988
EFFECTIVE DATE: October 24, 1988
CONSOLIDATED FOR CONVENIENCE ONLY
(April 15, 2013)
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
7248
November 24, 2008
7592
April 15, 2013
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended
the principal Bylaw No. 5791, 1988. The number of any amending bylaw that has been
repealed is not referred to in this consolidation.
Original obtainable from the Legislative Services Department
Doc #456440
Advisory Planning Commission Bylaw No. 5791, 1988
Page 2
Consolidated Version (for convenience)
CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 5791, 1988
A Bylaw to provide for the establishment of an Advisory Planning Commission
WHEREAS pursuant to the provisions of Section 955 of the "Municipal Act", the
Council of the Corporation of the City of New Westminster may establish an
Advisory Planning Commission.
AND WHEREAS in the bylaw establishing the Commission there shall be set out:
(a)
the composition of and manner of appointing members to the
Commission;
(b)
the procedures governing the conduct of the Commission; and
(c)
the referral of matters to the Commission.
NOW THEREFORE the Council of the Corporation of the City of New
Westminster in open meeting assembled ENACTS AS FOLLOWS:
1.
This Bylaw may be cited for all purposes as "Advisory Planning
Commission Bylaw No. 5791, 1988".
2.
In this bylaw:
"City" means the Corporation of the City of New Westminster;
"Commission" means the "Advisory Planning Commission of New
Westminster";
"Council" means the City Council of the City.
COMMISSION
3.
A Commission is hereby constituted to be known as the "Advisory
Planning Commission of New Westminster".
4.
The Commission shall consist of nine members, appointed by Council
from the public at large.
5.
The appointment of members from the public at large shall be made by
resolution of Council.
Doc #456440
Advisory Planning Commission Bylaw No. 5791, 1988
Page 3
Consolidated Version (for convenience)
6.
Council shall appoint three persons each year to membership on the
Commission. Each appointment shall consist of a term of three years.
7.
Notwithstanding Section 6, in the event of the death or resignation of a
member of the Commission prior to the expiration of his or her term, the
Council shall appoint a new member to serve the unexpired balance of the
term of the withdrawing member.
8.
A person appointed to the Commission shall serve a maximum of two
consecutive terms.
OFFICERS
9.
At its first meeting following the Inaugural Meeting of Council, the
Commission shall elect, annually, from its own membership by majority
vote of those present a chairperson and a vice-chairperson.
10.
The chairperson shall preside at all meetings of the Commission when in
attendance.
11.
The vice-chairperson shall preside at all meetings of the Commission in
the absence of the chairperson.
12.
There shall be a secretary to the Commission who shall be appointed by
the Planning Department of the City and who shall not be a member of
the Commission.
13.
The secretary shall keep minutes of the meetings of the Commission,
which after approval by a majority of the members of the Commission
present, shall be forwarded to Council and form part of the permanent
records of the City.
14.
The secretary shall in December of each year prepare a schedule of the
meeting dates of the Commission for the next calendar year. The
secretary shall notify all members of the Commission of this schedule no
later than one week prior to the first regularly scheduled meeting of the
Commission in the next calendar year.
Doc #456440
Advisory Planning Commission Bylaw No. 5791, 1988
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Consolidated Version (for convenience)
SCOPE
15.
Upon request of the Council or of the Director of Development Services,
the Commission shall review and advise Council; in respect of rezoning
applications, amendments to the Official Community Plan, proposed
community and neighbourhood plans, and in respect of proposed or
existing City policies and procedures relating to planning and
development.
PROCEDURE
16.
All decision of the Commission shall be made by a majority vote of those
present at a meeting. Where the votes of the members of the
Commission present, including the vote of the chairperson or vice-
chairperson are equal for and against a question, the motion shall be
defeated, and it shall be the duty of the member presiding to so declare.
A member of the Commission present who abstains from voting shall be
deemed to have voted in the affirmative.
17.
A member of the Commission may participate in a decision for which he
was not present at the relevant presentation if he receives the appropriate
minutes from the secretary.
18.
At any of its meetings, the Commission may hear oral presentations,
receive petitions, accept written reports, photographs, perspectives, maps,
models, drawings, and any other material to assist in making its
recommendations and further, may make enquiries and recommend
studies to Council.
MEETINGS
19.
The Commission shall meet regularly to consider business according to
the Schedule of meeting dates prepared by the Secretary and each
Member must advise the Secretary before each meeting of their intent to
attend or to be absent from a meeting. A member who is absent from
three consecutive meetings or in excess of one-third of all meeting over a
six-month period without leave of the Commission shall cease to be a
member.
20.
If there is no business to transact, the chairperson of the Commission, or
in his absence the vice-chairperson, may cancel the meeting.
21.
If there is business which must be considered in a timely manner, the
chairperson, or in his absence the vice-chairperson, may call an additional
meeting by delivering to the address given for each member of the
Amended by
Bylaw No. 7248
Amended by
Bylaw No. 7248
Doc #456440
Advisory Planning Commission Bylaw No. 5791, 1988
Page 5
Consolidated Version (for convenience)
Commission a written notice at least 24 hours in advance of the meeting.
The notice shall state the time, place, date and purpose of the meeting.
22.
The Quorum of the Commission is five members.
AGENDA
23.
The agenda of the Commission shall be prepared by the Secretary before
each regularly scheduled meeting. The agenda may be amended by a
majority vote of the members of the Commission present at any meeting.
24.
The Secretary of the Commission shall send to each member of the
Commission a copy of the agenda at least 24 hours before each meeting.
25.
The Secretary of the Commission shall prepare for the availability of the
public an agenda for all meetings of the Commission at which applications
for rezonings and development permits and proposed amendments to
Community Plans are to be considered. Such agendas shall list the
applications and proposed amendments to be considered by the
Commission and a copy of the agenda shall be posted at the City Hall.
CONDUCT OF MEETINGS
26.
The public may attend that portion of the meeting during which the
Commission hears applications for rezonings and development permits
and submissions for proposed amendments to community plans.
27.
The Commission may use the following procedure in dealing with
applications and submissions:
1)
A staff member of the Planning Department explains the item with
the assistance of maps or illustrations or both.
2)
The Secretary of the Commission reads the correspondence that
has been received regarding the item in question.
3)
The principals involved are requested to come forward and explain
their proposals.
4)
Members of the Commission question the applicant.
5)
Adjoining property owners and delegations present are invited to
question the applicant and present their point of view.
6)
Members of the Commission question the property owners and
delegations.
Doc #456440
Advisory Planning Commission Bylaw No. 5791, 1988
Page 6
Consolidated Version (for convenience)
7)
The
Commission
shall
consider
and
decide
on
its
recommendations.
28.
The Commission may make recommendations to Council that an
application be tabled, be approved, be not approved, or be approved with
conditions.
29.
Section 29 was deleted by Amendment Bylaw No. 7248.
30.
The Commission shall report its recommendations in writing to the City
Council.
GENERAL
31.
The Commission may establish further rules of procedure not inconsistent
with this bylaw for the better performance of its functions.
32.
Section headings are included in this bylaw for convenience only. They
do not form a part of this bylaw and shall not be used in its interpretation.
33.
If any portion of this bylaw is held to be invalid by a court of competent
jurisdiction, the invalid portion shall be severed and the severance shall
not affect the validity of the remainder.
34.
Advisory Planning Commission Bylaw No. 3514, 1957, is hereby repealed.
Amended by
Bylaw No. 7248
Amended by
Bylaw No. 7592
The original
27(7) was
deleted and the
remaining
subsections
renumbered
accordingly.