Development Applications Procedure Bylaw No. 1519 (2021) — full text

This is the exact embedded text of the captured official document. Snapshot 98d7586b9208 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

13 v 1 a w 1 ,5 1 9 P a g' e |1 DISTRICT OF NORTH SAANICH BYLAW NO. 1519 DEVELOPMENT APPLICATIONS PROCEDURES BYLAW DISTRICT OF NORTH SAANICH BYLAW NO. 1519 A BYLAW TO ESTABLISH DEVELOPMENT APPROVAL INFORMATION REQUIREMENTS, APPLICATION PROCEDURES FOR AMENDMENTS TO THE OFFICIAL COMMUNITY PLAN, THE ZONING BYLAW, A LAND USE CONTRACT OR THE ISSUANCE OF A PERMIT UNDER THE LOCAL GOVERNMENT ACT AND PROCEDURES FOR NOTIFICATION OF THESE APPLICATIONS B y I ;i w 1 519 P a g- e | 2 The IV[unicipal Council of the District of North Saanich in an open meeting assembled enacts as follows: 1. DEFINITIONS The definitions in the District of North Saanich Zoning Bylaw No. 1255, as amended from time to time, shall be the definitions in this bylaw, except those listed below: "Applicant" means a person or entity that applies for: (a) an amendment to the Zoning Bylaw or Official Community Plan; (b) a Development Permit; (c) a Development Variance Permit; (d) a modification, variance or discharge of or to a Land Use Contract; (e) a Temporary Use Permit; or (f) a Phased Development Agreement. (g) a resolution from Council in relation to section 25(3) or 29(4) of the Agricultural Land Commission Act, SBC 2002, c 36. "Application" means an application submitted by an Applicant in relation to any matter outlined in Section 3; "Commission" Commission" means a municipal commission established by Council pursuant to section 143 the Community Charter or an advisory planning commission established via bylaw under section 461 of the Local Government Act; Committee means a standing, select committee or other committee of the Council, but does not include the Committee of the Whole, established under section 141 and 142 of the Community Charter. "Committee of the Whole" means the Committee of the Whole Council. "Council" means the council of the District; Development Permit means a development permit issued under section 490 of the Local Government Act; Development Variance Permit means a development variance permit issued under section 498 of the Local Government Act; "Director" means the Director of Planning and Community Services for the District or their designate; "District" means the District of North Saanich; Bylaw 1 519 Pa ge | 3 "Fees and Charges Bylaw" means North Saanich Fees and Charges Bylaw No. 1520, 2021 as amended, consolidated or replaced from time to time; "Land Use Contract" means a land use contract under the Local Government Act; "Local Government Act" means Local Government Act, RSBC 2015, c 1; "Official Community Plan" or "OCP" means the Official Community Plan attached to the District of North Saanich Official Community Plan Bylaw No. 1130, 2007 as amended, consolidated or replaced from time to time; Owner means, in respect of real property, the registered owner of such property, as verified by the District through either a Land Title Office search or BC Assessment Roll search, or such owner s agent designated by the owner in writing; "Permit means a Development Permit, Development Variance Permit, or Temporary Use Permit. Phased Development Agreement means a phased development agreement entered into under section 516 of the Local Government Act; "Public Hearing" means a public hearing of Council pursuant section 464 of the Local Government Act; "Qualified Professional means the following professionals with experience relevant to the applicable matter, as determined by the Director: a professional engineer, geoscientist, architect, landscape architect, biologist, planner or other professional licensed to practice in British Columbia, including a "qualified environmental professional" as defined in the Riparian Areas Protection Regulation, BC Reg 178/2019; "Site" means an area of land consisting of a Lot or two or more abutting Lots; Temporary Use Permit means a temporary use permit issued section 493 of the Local Government Act; and "Zoning Bylaw" means District of North Saanich Zoning Bylaw No. 1255, 2011 as amended, consolidated or replaced from time to time. 2. INTERPRETATION (a) Any enactment referred to in this bylaw is a reference to an enactment of: (i) the Council of the District of North Saanich, or (ii) British Columbia as amended, revised, consolidated or replaced from time to time. (b) If any section, subsection, sentence, clause, definition, phrase of this bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the Byla w1519 Page invalid provision must be severed from this bylaw with the remainder of the bylaw left valid and enforceable. 3. SCOPE This bylaw applies to an Application: (a) for: (i) an amendment to the Official Community Plan; (ii) an amendment to the Zoning Bylaw; or (iii) a modification, variance or discharge of a Land Use Contract; (b) for the issuance of: (i) a Development Permit; (ii) a Development Variance Permit; (iii) a Temporary Use Permit; and and (c) for a Phased Development Agreement. 4. APPLICATION PROCEDURE 4.1 General Requirements for All Applications (a) In addition to Application requirements found elsewhere in this bylaw, the following are required for all Applications: (i) An Application made pursuant to this bylaw shall be made to the Director and shaU be executed in writing by the Owner(s) of the Site that is subject to the Application, or by a person authorized by the Owner(s). (ii) If there is a change of ownership of a Site that is the subject to an existing Application, the District will require an updated title certificate and written authorization from the new Owner prior to proceeding further with the Application. (iii) An Application made pursuant to this bylaw shaU be submitted in the form prescribed by the Director, all of which are available on the District's website, and shaU include all information required by the form and the relevant Application fee, as outlined in the Fees and Charges Bylaw, made payable to the District. (iv) If the preparation or registration of a covenant, development agreement or other legal agreement is required in connection with an Application, the Applicant shall also B v 1 a w 1 5 1 9 P a s e 15 pay the applicable fee indicated in the Fees and Charges Bylaw when submitting the Application. (b) The Director is authorized to establish and revise the Application form for any development Application to be used pursuant to this bylaw. 4.2 Incomplete or Inactive Applications (a) If an incomplete Application is submitted, the Director may refuse to accept the Application. If the Director refuses to accept an incomplete Application, the Director must inform the Applicant, verbally or in writing, why the Application is incomplete. (b) Upon determination of the Director that an Application has been substantially inactive or incomplete for a period of 180 days, the Applicant wiU be given 30 days written notice to provide outstanding information or meet outstanding requirements after which time the Application will be closed. The Director may consider a written request from the Applicant for extension of a deadline imposed by this section. (c) If an Application has been closed due to inactivity, the Applicant must, even if the new Application is substantially the same as the closed Application, begin the Application process again in accordance with this Bylaw and submit a new, complete Application. 4.3 Permit Issuance, Renewal and Extension (a) The date of issuance for a Development Permit, a Development Variance Permit, or a Temporary Use Permit is the date of approval of the permit by Council or Council's delegate. (b) An Application to renew or extend a Development Permit, a Development Variance Permit, or a Temporary Use Permit under this bylaw must be made prior to the lapse of the permit. (c) Council or Council's delegate may consider one application for one extension of an issued Development Permit, a Development Variance Permit, or a Temporary Use Permit provided no change in the issued permit is proposed. Any change to a permit or further extension of a permit will require a new Application. 5. PUBLIC NOTIFICATION & CONSULTATION 5.1 Public Notification 5.1.1 Giving Notice (a) In accordance with the Local Government Act, the District will provide notice to all Owners and tenants occupying any part of a Site that is subject to a bylaw alteration or permit issuance proposed by an Application, and all Owners and Bylaw 1 5 19 Pa tenants occupying all Lots within 50 metres of the boundaries of the Site subject to an Application, advising of: (i) a scheduled Public Hearing on an Official Community Plan amendment, a Zoning Bylaw amendment; a bylaw modifying, varying or discharging a Land Use Contract; or a bylaw authorizing the District to enter into a Phased Development Agreement; (ii) a scheduled Council meeting for considering issuance of a Development Variance Permit; or (iii) a scheduled Council meeting for considering issuance of a Temporary Use Permit. (b) Individual notices under the preceding subsection shall be mailed or otherwise delivered not less than 10 days prior to Council consideration of issuance of a Temporary Use Permit or Development Variance Permit, and not less than 10 days prior to the holding of a Public Hearing on an Official Community Plan amendment, a Zoning Bylaw amendment, a bylaw modifying, varying or discharging a Land Use Contract; or a bylaw authorizing the District to enter into a Phased Development Agreement; (c) If the District gives notice under this section, the Applicant must pay the applicable notification fees set out in the Fees and Charges Bylaw. 5.1.2 Posting a Development Notification Sign (a) Where an Application is submitted for a Development Permit or a Development Variance Permit: (i) the District will provide the Applicant with a notification sign at the cost stated in the Fees and Charges Bylaw to be posted on the subject Site; and (ii) the Applicant shall post the notification sign on the street frontage of the Site within 14 days of the submission of an Application for a Development Permit or Development Variance Permit. (b) Where an Application is submitted: to amend the Zoning Bylaw or Official Community Plan; modify, vary or discharge a Land Use Contract; or for a Temporary Use Permit, the Applicant shall comply with the following development notification sign requirements: (i) Timing: A development notification sign shall be posted a minimum of 10 days prior to any relevant Committee or Council or Public Hearing meeting date at which the Application is being considered. (ii) Location: All development notification signs shaU be placed on a Site that is subject to an Application so that they are clearly visible from the street, and will be located approximately three metres inside the property line of such subject Site. B y 1 a w ] F) 1 9 P a g e (iii) Number: One development notice sign is required for each 100 metres of road frontage of a subject Site, provided that no more than three signs are required for any one Site. (iv) Sign Content: Development notification signs shall include the information specified in Schedule '1' of this bylaw. (v) Sign InstaUation: Development notification signs shaU be located in a manner which does not interfere with pedestrian or vehicular traffic or obstruct visibility from streets, lanes or driveways and must be installed in a safe, sturdy manner capable of withstanding wind and weather. Signs must be maintained and replaced as necessary. (vi) Sign Standard: An Applicant shall, at its own expense, prepare and post the development notification sign or signs in accordance with the sign specifications in Schedule 1' and verify to the Director that the sign or signs have been posted by providing dated photographs of the signs. (c) Development notification signs must remain in place until one of the following occurs: (i) the Public Hearing related to the Application concludes; (ii) a Development Permit, Development Variance Permit or Temporary Use Permit is issued or the Application for such permit is refused; (iii) Council adopts or refuses to adopt the amending bylaw relevant to the Application if the Public Hearing has been waived; or (iv)the Application has been abandoned by the Applicant. Development notification signs must be removed within seven (7) days of an event listed in 5.1.2(c)(i) - (v) taking place. (d) Failure to post a required development notification sign in accordance with this bylaw may result in the postponement of consideration of the Application by any Commissions or Council, and all costs incurred by the District for public notification as a result of such postponement will be the responsibility of the Applicant. 5.2 Public Information Meetings 5.2.1 Public Information Meeting Requirement B y 1 <i \v 1 F) 1 9 P a The Director may require a public information meeting to be held prior to a Council considering an Application in order to provide an additional opportunity for the public to access information and to inquire about the Application beyond that available through the regular Application referral and Public Hearing processes. 5.2.2 Public Information Meeting Standards If a public information meeting is required, it is the applicant's responsibility to arrange and conduct the meeting to the satisfaction of the District, and according to the following standards: (a) A public information meeting will be held between 6:00 p.m. and 9:00 p.m. (b) A public information meeting will be held Mondays through Thursday excluding holidays (c) Wliere possible, a public information meeting should be held in a public facility, such as a public hall or school, in the community most affected by the respective Application. In certain cases, where considered more convenient and accessible and where adequate meeting facilities exist, an Applicant may hold a public information meeting at the Site subject to the Application. If deemed more appropriate by the Director, a public information meeting may be held within the offices of the District. (d) To ensure the public and persons who may be affected by the relevant Application have adequate notice of a public information meeting, the following steps are to be taken by the Applicant prior to the meeting: (i) An advertisement for the public information meeting is to be placed in a local newspaper at least seven days and not more than 14 days prior to the date of the meeting. (ii) The newspaper advertisement must display at least two columns wide and include the following information about the public information meeting: a. Time, date and place the meeting will be held, b. Purpose of the meeting, c. Description of the subject Site, including a legal description, d. Civic address of the Site and a location map showing Site; and e. Applicant name and telephone number. (iii)The Applicant must notify adjacent property owners and residents within at least 50 metres of the Site subject to the Application in person or, by mail. BC Assessment roUs should be used in preparing an adjacent-property owner list. District staff may assist in preparing the list. B y 1 a w 1 5 19 Pa ge | 9 (e) Prior to initial consideration of the Application by Council, the Applicant shall submit to District staff a report summarizing the public information meeting and provide, at a minimum, a general summary of the public information meeting outlining any discussions and issues raised by those attending that includes responses to the following questions: (i) Where was the meeting held? (ii) At what time and for what duration was the meeting held? (iii) How many people attended the meeting? (iv) How was the meeting advertised? (v) How were surrounding property owners notified of the meeting? (vi) What information was provided at the meeting? (vii) A general summary of the issues raised 6. REFERRAL PROCESS (a) The Director may refer an Application to any of the District's Committees or Commissions for review, information and comment, including comment to Council if required. (b) Council may at any time in any application process require that an Application be referred to any District Committee, Commission, internal staff or external agency for review, information and comment that Council considers appropriate. 7. COUNCIL CONSIDERATION 7.1 Official Community Plan, Zoning Bylaw, Land Use Contracts and Phased Development Agreements (a) Every Application under Section 3(a) or 3(d) of this bylaw shall be considered at a Council or Committee of the Whole meeting at which time Council may: (i) direct staff to prepare proposed bylaws and then refer the Application to a Public Hearing; (ii) refer the Application back to internal staff, a District Committee or Commission to an external agency; (iii) table the Application until the Applicant provides further information requested by Council; or B y 1 a w 15]9 Page! 10 (iv) deny the Application. (b) Where an Application for a Zoning Bylaw amendment or a modification, variance or discharge of a Land Use Contract necessitates an amendment to the Official Community Plan, both amendments may be considered at the same Public Hearing. (c) Where an Application for a Zoning Bylaw amendment also involves an Application for the issuance of a Development Variance Permit or Temporary Use Permit, the Application for the issuance of a permit may be considered at the same Council meeting as the Public Hearing for the Zoning Bylaw amendment Application. (d) After considering at a Public Hearing an Application under Section 3(a) or 3(c) of this bylaw, Council may: (i) approve the Application and adopt the bylaw; (ii) approve the Application and, subject to the Local Government Act, alter and then adopt the bylaw; or (iii) deny the Application and reject the bylaw. (e) Adoption of a Zoning Bylaw or Official Community Plan amendment, a bylaw to modify, vary or discharge a Land Use Contract or Phased Development Agreement bylaw may be considered by Council at the Public Hearing at which it was given third reading. 7.2 Development Variance Permits and Temporary Use Permits (a) Every Application for the issuance of a Development Variance Permit or Temporary Use Permit shall be considered at a Council or Committee of the Whole meeting, at which time Council may: (i) defer consideration of the Application until the Applicant provides further information requested by Council; (ii) authorize the issuance of a permit; or (iii) authorize the issuance of a permit as amended by Council in its resolution. 7.3 Agricultural LandJ^oiTUTuss^^^^ In respect of Applications subject to Sections 25(3) and 29(4) of the Agricultural Land Commission Act, Council may, upon receipt of a report from the Director: (a) authorize the Application to proceed to the ALC; or (b) not authorize the Application to proceed to the ALC. Bylaw 1519 P a g e | 11 8. DELEGATION OF AUTHORITY Pursuant to Section 154(l)(b) of the Community Charter, Council delegates to the Director the duties and powers of Council as follows: 8.1 Development Permits and Consultation (a) The powers of Council under 490 and 491 of the Local Government Act to issue and amend Development Permits in respect of aU Development Permit areas established by the Official Community Plan, subject to restrictions identified in Section 8.1(b) of this bylaw. This includes the powers of Council to establish the conditions of the permit, and to determine whether such requirements and conditions have been met. (b) As a restriction on Section 8.1(a), the Director may not issue or amend a Development Permit that varies any provision of any bylaw. (c) Council delegates to the Director the duties and powers of Council for statutory consultation functions under sections 475 and 476 of the Local Government Act. 9. AUTHORIZATION TO REQUIRE DEVELOPMENT APPROVAL INFORMATION (a) Where the OCP specifies circumstances or designates areas where "development approval information" may be required, the Director is authorized to require in writing that the Applicant provide development approval information in a report that is certified by a Qualified Professional that: (i) complies with and fully addresses terms of reference which are provided by the Director in accordance with Section 9(b); (ii) identifies and defines the context, interaction, scope, magnitude and significance of the anticipated impacts of the activity or development on the community, as well as the data and methodological accuracy, assumptions, uncertainties, acceptability thresholds, and how the anticipated impacts may cumulatively contribute to existing risks, stressors, and threats; (iii) provides recommendations for conditions or requirements Council or the Director may impose to mitigate or ameliorate the anticipated impacts identified; and (iv) provides recommendations and details costs for modifications to the environment, or construction of works, required to mitigate or ameliorate the anticipate d imp acts. (b) The Director may issue terms of reference that require the Applicant to provide information on, and a systematic detailed assessment of: 13 y 1 :i w 1 5 1 9 Page] 12 (i) compliance of the activity or development with the Official Community Plan and any other relevant District bylaw, plan or policy in preparation or adopted by Council; (ii) compatibility with adjacent and community land uses, functions, form, character, aesthetics and scale of development; (iii) socio-economic impacts affecting the day to day quality of life of people and communities, including direct and indirect economic impacts, demographics, housing, local services and socio-cultural issues; (iv) land use impacts such as noise, vibration, glare and electrical interference; (v) landscape and visual impacts including their nature, significance and magnitude and including impacts on view corridors and shadows, visual envelope, prominent features, experiential characteristics, and landscape character; (vi) transportation demand management strategies, including, but not limited to transportation impacts, public transit service and requirements, parking demand, traffic safety, pedestrian, cyclist and vehicular traffic flow or operation, trip generation, Site access and egress, access network connectivity and accessibility; (vii) retail trade impacts of a proposed commercial development, including but not limited to, the effects of additional competition, the effects on commercial vacancy rates, and the impacts to neighbourhood/sector stability; (viii) air quality impacts including, but not limited to, pollution, dust, fumes, smoke, greenhouse gas emissions and odours; (ix) impacts to ground and surface water quality including, but not limited to, pollution, temperature, oxygen levels, acidity, nutrients, silts, and pathogens; (x) geotechnical conditions including, but not limited to, soil composition, profile, classification, agricultural suitability and capability, geologic process and terrain stability; (xi) hydrological and/or hydrogeological assessment including, but not limited to, infiltration, interception, groundwater and overland flow, as weU as hydrologic processes including accretion and erosion; (xii) terrestrial and aquatic ecology including, but not limited to, biological diversity, impacts to flora and fauna, habitat size, complexity, fragmentation or isolation, change to suitability or capability, restoration, creation or enhancement; Bvlaw I 519 P a ge | 13 (xiii) historical, cultural and archaeological buildings, sites or assets; (xiv) the phasing and timing of the activity or development; (xv) hazardous conditions including, but not limited to, mud flow, debris torrents, erosion, land slip, rock faUs, subsidence, avalanche, wildfire, flood, storm surge, and inundation (including appropriate construction elevations and setbacks or other hazard); (xvi) compatibility of the activity or project with adjacent District owned land, rights of way, covenants and easements; (xvii) local infrastructure and Site servicing including, but not Umited to, drainage, water, sewer or other utilities; (xviii) community facilities and services including, but not limited to, schools, parks, recreation, emergency protective and health services; and (xix) any other topic in relation to which the Director considers the proposed activity or development impacts the jurisdiction of the District. (c) Where applicable, an assessment required under this section must make recommendations on measures to mitigate and to compensate for any impacts identified. (d) The District may distribute a report and publicize the results of a report provided under this Section. 10. TIME LIMIT FOR REAPPLICATION Except in accordance with section 460 of the Local Government Act, if Council or the Director makes a decision in respect of an Application under this Bylaw, an Applicant must not submit, and the District must not accept, the same Application within six months of the date of the decision of Council or the Director. Revised Applications that are, in the opinion of the Director, significantly different from Application that has been refused can be accepted for consideration immediately as a new Application. 11. RECONSIDERATION (a) If, pursuant to the Local Government Act, an Applicant is entitled to have Council reconsider a decision of the Director, the Applicant may submit, within 6 months of receiving notice of the decision of the Director, a written request for reconsideration. (b) On receipt of a written request for reconsideration the Director, or another person acting on behalf of the District, will place the request along with the original Application on the agenda of the next available Council meeting. (c) The District must notify the Applicant of the date of the meeting at which the reconsideration will occur. Bylaw 15 '! 9 Page 14 (d) After reconsidering a decision, Council may confirm the decision of the Director or substitute its own decision, including conditions of a permit or additional conditions of the permit. 12. PERFORMANCE SECURITY (a) The Council delegates to the Director the powers of Council under the Local Government Act to require security as a condition of the issuance of a Development Permit, Development Variance Permit, or Temporary Use Permit. (b) The Director may require that the Applicant provide security based on a complete construction cost estimate from a Qualified Professional in an amount equal to 125% of the estimated cost to satisfy a landscaping condition of a permit. (c) In addition to the amount calculated under s. 12(b), the Director may require that the Applicant provide security in an amount equal to 125% of the cost of work that the Director reasonably considers is likely to be required, in view of the scale and nature of the development being authorized and the nature of the site, to correct an unsafe condition or damage to the environment that could result from the contravention of a condition of the permit. (d) The Director may require that the Applicant provide security, in a form approved by the Director, and in an amount stated in the permit, by whichever of the following the Applicant chooses: (i) automatically renewing irrevocable letter of credit; (ii) bank draft; or (iii) cash. 13. LAND USE CONTRACTS The modification, variance or discharge of Land Use Contracts shall be in accordance with the Local Government Act. 14. REFUNDS The payment by the District of refunds of Application fees to an Applicant is governed by the Fees and Charges Bylaw. 15. CONTIGUOUS LOTS A separate set of fees shall be paid in respect of each Applications made under sections 3(a)(ii), 3(a)(iii), or 3(b) provided that an Application including two or more contiguous parcels of land constitutes one Application. For clarity, if an Application involves two or more Lots that are not contiguous, the Lots wiU be considered as separate Lots and separate Applications for the purpose of determining applicable fees payable by the Applicant. 13 y 1 a w 1 5 1 9 P a g e | 15 16. FEES RESULTING FROM FURTHER PUBLIC HEARINGS If an Applicant applies to amend their Application to the extent that a further Public Hearing is required, they shall pay again the application fees referred to in the Fees and Charges Bylaw for the Application as if the Applicant was submitting the Application for the first time. 17. FEE EXCEPTIONS Except as permitted in Section 4.1(a)(iv) and Section 14, no application fees paid shall be refunded, whether or not the Application has been approved. 18. REPEAL "North Saanich Development Procedures Bylaw No. 1324 (2015)", and all its amendments are hereby repealed. 19. CITATION This Bylaw may be cited as the "North Saanich Development Application Procedures Bylaw No. 1519 (2021)". READ A FIRST TIME the 7th day of June, 2021. READ A SECOND TIME the 7th day of June, 2021. READ A THIRD TIME the 7th day of June, 2021. ADOPTED the 14th day of June, 2021. CORPORATE OFFICER P> y I aw 1 5 19 P a se | 16 Schedule'l' Development Notice Sign Specifications Specifications Development notification signage must include (as applicable) the following information: - The District's municipal logo (digital copy file available from the District); - The present OCP designation of the property - The present and proposed zone of the property; - The purpose of the Zoning Bylaw amendment; OCP amendment; Land Use Contract modification, variance or discharge; or Development Permit, Development Variance Permit or Temporary Use Permit Application; - Wliether an amendment to the OCP is required; - A context map showing the location of the property subject to the Application (available from District); - Contact information for the applicant; - Contact information for the District's Planning and Community Services Department; - Any additional information as required. The District will provide a digital copy file of the proposed sign. Size: Approximately 0.9m x 1.2m (3' x 4') Material: Coroplast mounted on 1.3 cm (1/2") plywood or particle board