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THE CORPORATION OF THE DISTRICT OF PEACHLAND
BYLAW NO. 2396, CONSOLIDATED
A Bylaw to establish procedures for the processing of development applications, to establish policies
for development approval information to specify distances for notification, and to delegate powers,
duties, and functions of Council.
Amended by: Bylaw No. 2407 Adopted January 23, 2024
Bylaw No. 2453 Adopted April 28, 2026
TABLE OF CONTENTS
1.
Title ...................................................................................................................................... 1
2.
Definitions ............................................................................................................................. 1
3.
Interpretation ........................................................................................................................ 2
4.
General Provisions .................................................................................................................. 2
5.
Development Approval Information ......................................................................................... 4
6.
Notification ........................................................................................................................... 8
7.
Public Information Meetings ................................................................................................... 9
8.
Agency Referral Process ........................................................................................................ 10
9.
Security ............................................................................................................................... 10
10. Permit Renewals, Extensions, Lapses and Re-application .......................................................... 14
11. Change of Ownership ........................................................................................................... 15
12. Delegation of Authority ......................................................................................................... 15
13. Council Reconsideration of a Staff Decision ............................................................................. 19
14. Enforcement ........................................................................................................................ 19
15. Severability.......................................................................................................................... 20
16. Repeal ................................................................................................................................ 20
Schedule 1 - Development Proposal Sign Requirements .................................................................. 21
Schedule 2 - Official Community Plan Amendment or Zoning Bylaw Amendment Applications (including
the establishment of a Phased Development Agreement) ......................................................... 24
Schedule 3 - Development Permit Applications ............................................................................... 28
Schedule 4 - Minor Development Variance Permit and Development Variance Permit Applications ...... 30
Schedule 5 - Temporary Use Permit Applications ............................................................................ 32
Schedule 6 - A Referral for a Liquor License and Cannabis License under the Liquor and Cannabis
Regulation Branch (LCRB) ...................................................................................................... 34
Schedule 7 - Section 219 Covenant and/or Statutory Right of Way Amendments ............................... 36
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Schedule 8 - Road Closure Applications ......................................................................................... 38
Schedule 9 - Agricultural Land Commission Act Applications ............................................................ 41
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Development Application Procedures Bylaw No. 2396, Consolidated
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The Council of the Corporation of the District of Peachland, in open meeting assembled, enacts
as follows:
1.
TITLE
This Bylaw may be cited as the "Development Application Procedures Bylaw No.
2396".
2.
DEFINITIONS
In this bylaw,
APPLICANT means any person who makes an application for development under the
provisions of this bylaw as authorized by the owner of the parcel(s) of land.
DISTRICT means the Corporation of the District of Peachland.
COUNCIL means the Council of the District of Peachland.
DAY means calendar day.
DEVELOPMENT REVIEW TEAM or DRT means a group of District of Peachland staff
responsible for review of development applications.
DIRECTOR means the person appointed to be responsible for the administration of
development applications at the District and includes a delegate fulfilling an Acting
Director position during the Director's absence.
GROSS FLOOR AREA means as defined in the District of Peachland Zoning Bylaw as
amended from time to time.
Land Use Permit means a development permit, a temporary use permit, a
development variance permit, a tree cutting permit, or any other permit under
Division 10 [Other Permits and Permit Matters] of the Local Government Act.
OFFICIAL COMMUNITY PLAN or OCP means the District of Peachland Official
Community Plan Bylaw as amended or superseded from time to time.
OWNER means the registered owner(s) of property as demonstrated on the Land Title
Certificate.
PHASED DEVELOPMENT AGREEMENT means an agreement authorized by section 516
of the Local Government Act.
QUALIFIED PROFESSIONAL means a professional engineer, geoscientist, architect,
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landscape architect, certified arborist, biologist, planner, forester, qualified
environmental professional, or other professional licensed to practice in British
Columbia with experience relevant to the applicable matter, as determined
appropriate by the Director.
ROAD CLOSURE means the permanent closure of a highway and removal of its
highway dedication.
TECHNICAL DEVELOPMENT PERMIT means a Development Permit in a Sensitive
Environment and/or Natural Hazard Development Permit Area.
3.
INTERPRETATION
3.1. A reference in this bylaw to any enactment of British Columbia is a reference to the
enactment as amended, revised, consolidated, or replaced from time to time.
3.2. A reference in this bylaw to any bylaw, policy or form of the District of Peachland is a
reference to the bylaw, policy or form as amended, revised, consolidated or replaced
from time to time.
4.
GENERAL PROVISIONS
4.1. Application Fees
4.1.1.
At the time of application, the applicant must pay the District an
application fee in the amount set out in any applicable District of
Peachland Development Application & License Fees Bylaw as
amended or superseded from time to time.
4.2. Application Requirements and Processing Procedure
4.2.1.
In respect of an application for an OCP Bylaw amendment, Zoning
Bylaw amendment, Development Variance Permit, or Temporary
Use Permit, the applicant, at their cost, must post a Development
Proposal sign in accordance with Schedule 1 of this bylaw.
4.2.2.
An applicant must submit an application as set out in the Schedules
to this bylaw. An application will be made and processed
substantially as outlined in the Schedules of this bylaw.
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4.3. Number of Development Applications
4.3.1.
Where a proposed activity or development involves more than one
type of application, the applicant must comply with all the applicable
provisions of this bylaw.
4.3.2.
Where land is subject to more than one Development Permit Area
designation, a combined development permit application may be
accepted for delegated Development Permits, and the application
must address the requirements of each applicable Development
Permit Area and the applicant must pay the application fees for each
Development Permit Area in the amount set out in any District of
Peachland Development Application and License Fees Bylaw as
amended or superseded from time to time.
4.3.3.
Any application involving two or more parcels of land that are not
contiguous will require separate applications for each non-
contiguous parcel.
4.4. Development Permit Required Prior to Development
4.4.1.
In all Development Permit Areas, an applicant, or their contractor,
must obtain all required Development Permits before land is
subdivided or development occurs, including but not limited to land
clearing, preparation for the construction of services or roads,
blasting, and construction of, addition to or alteration of a building
or structure, unless otherwise exempted from requiring a
Development Permit as specified in the Official Community Plan.
4.5. Conditions of Land Use Permit
4.5.1.
The holder of a land use permit must comply with the terms and
conditions of the permit to the satisfaction of the Director.
4.6. Incomplete Applications
4.6.1.
Upon receipt of an application, if staff determines that the
application is incomplete, staff will return the application package,
including any application fees, to the applicant for resubmission of a
completed package. Staff will not open a file until a completed
application package has been received and all applicable application
fees have been paid in full by the applicant.
4.6.2.
If an application is accepted, and staff later determines that the
application is incomplete during the initial review, the application
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will be placed on hold and the applicant will be requested to provide
the required information. If an applicant does not provide the
required information within three (3) months of the request, the
application and refundable portion of the fee will be returned to the
applicant and the file closed.
5.
DEVELOPMENT APPROVAL INFORMATION
5.1. Type of Information Required
Pursuant to the Local Government Act and as set out in the OCP, the Director may
require an applicant to provide information on the anticipated impact of a proposed
activity or development on the community, including but not limited to the following:
5.1.1.
Compliance of the activity or development with the OCP and any
other relevant District bylaw, plan or policy in preparation or
adopted by Council;
5.1.2.
The impact of the proposed development on the natural
environment such as adjacent riparian and wetland areas,
vegetation,
soils
and
erosion,
geotechnical
characteristics,
topographical features, ecosystems and biological diversity, fish and
wildlife habitat, environmentally sensitive features, and rare or
endangered plant or animal species;
5.1.3.
Hazardous conditions including, but not limited to, mud flow, debris
torrents, erosion, land slip, rock falls, subsidence, avalanche,
wildfire, flood, inundation or other hazard (including appropriate
construction elevations and setbacks);
5.1.4.
Transportation
assessments
including
but
not
limited
to
transportation impacts in terms of daily and peak hour trip
generation and assignments, public transit, parking demand, traffic
safety, pedestrian, cyclist and vehicular traffic flow or operation, trip
generation, site access and egress, network connectivity and
accessibility;
5.1.5.
The aesthetic values of the proposed development such as visual
character, landscaping, integration with public areas, view corridors,
and the natural environment, lighting, noise, and odour;
5.1.6.
The impact of the proposed development on groundwater quantity
and quality; surface water generated by the proposed development;
and the options for collection, storage, reuse and dispersal of such
drainage;
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5.1.7.
Hydrological and/or hydrogeological assessment including, but not
limited to, infiltration, interception, groundwater and overland flow,
as well as hydrologic processes including accretion and erosion;
5.1.8.
An assessment of wildfire hazard that assures project construction
activities comply with Urban Wildfire Interface management
principles;
5.1.9.
Functional servicing assessment of local infrastructure and site
servicing including, but not limited to, drainage, water, sewer or
other utilities; to determine the impact of the development on
District infrastructure including capital, operations and maintenance
over the lifecycle of the development;
5.1.10. Tree assessment and plan that promotes the retention and planting
of native plant species, plant health, habitat preservation, reduce
wildfire risk, minimize erosion and to ensure that the landscape
retains a natural appearance;
5.1.11. Impacts on the demand for local services, including, but not limited
to, community facilities, schools, parks, recreation, emergency
protective, and health services;
5.1.12. Historical, cultural and archaeological buildings, sites or assets;
5.1.13. How the proposed development impacts and buffers adjacent uses;
5.1.14. Energy efficiency, water efficiency and emissions reduction;
5.1.15. Air Quality Impact Assessment including, but not limited to,
pollution, dust, fumes, smoke and odours;
5.1.16. Retail impacts of a proposed commercial development, including but
not limited to, the effects of additional competition, traffic impacts,
the effects on tenancy and the impacts to neighbourhood stability;
5.1.17. 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;
5.1.18. Construction
management
plan
outlining
the
staging,
implementation schedule, and duration of construction for any
proposed development including proposed impact mitigation; and
5.1.19. Other studies to which the Director considers the proposed activity
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or development impacts the jurisdiction of the District as deemed
necessary.
5.2. Preparation of the Terms of Reference
5.2.1.
The applicant will be required to work with staff to review and confirm
the scope for the report or impact study in accordance with any
relevant Terms of Reference for Professional Reports.
5.2.2.
The Director may require that the applicant provide, at the
applicant's expense, documents, plans, and/or development
approval information in a report that is certified by a qualified
professional, which:
a)
complies with and fully addresses the relevant assessments;
b) identifies and defines the context, magnitude and significance
of the anticipated impacts of the activity or development on
the community, as well as the methodology, assumptions,
acceptability thresholds, and how the anticipated impacts
may cumulatively contribute to existing circumstances and
risks;
c)
provides recommendations for conditions or requirements
Council or the Director may impose to mitigate or ameliorate
the anticipated impacts;
d) provides recommendations and details costs for modifications
to the environment, or construction of works, to mitigate or
ameliorate the anticipated impacts; and
e) is prepared to the satisfaction of the Director.
5.2.3.
The Director is authorized to establish and revise the required
information, documents, plans, and/or development approval
information needed for each type of application pursuant to this
bylaw. The Director is authorized to establish and revise the size,
form and quality of information, documents, plans, and/or
development approval information needed to assist in reviewing or
processing the application.
5.2.4.
The Director is authorized to waive any of the information,
documents, plans, and/or development approval information if at
their discretion the information is not required to assist in reviewing
or processing the application.
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5.3. Selection of Personnel
5.3.1.
The applicant will be required to provide the reports and impact
studies prepared by Qualified Professionals at the applicant's
expense in accordance with the District's specifications for Terms of
Reference for Professional Reports.
5.3.2.
If required by the Director, a qualified professional shall certify all
documentation including drawings, reports, security estimates,
technical letters, and other documentation submitted to the Director
for the purposes of reviewing the application.
5.3.3.
The Director may review all documents and design drawings to verify
general compliance with the requirements but will not necessarily
check the adequacy or accuracy of the qualified professional's
design. Any errors or omissions will be the sole responsibility of the
qualified professional who has certified the documents and design
drawings.
5.4. Requirement for Independent Review
5.4.1.
The District may require an independent review of the study results in
certain circumstances, at the applicant's expense, including but not
limited to staff capacity and to ensure the timely review of the study
results and application processing timelines. The applicant will be
notified if an independent review is required, and the additional fees
associated with the peer review.
5.5. Incomplete or Deficient Reports
5.5.1.
If it is determined by the Director that a report containing
development approval information is outdated, incomplete, or
deficient, the applicant will be notified in writing of the nature of
the deficiencies and the timeframe to resubmit the corrected
report.
5.6. Presentation of Reports or Impact Studies
5.6.1.
The Director may request, at the applicant's expense, the
presentation of the report or impact study to Council, the
community, or staff by the Qualified Professional(s) that prepared
the document.
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5.7. Publication of Information
5.7.1.
The District may distribute and publish a report containing
development approval information requested under this bylaw.
6.
NOTIFICATION
6.1. Where a notice is required to be mailed or delivered to owners and tenants, pursuant to
the Local Government Act or Community Charter, the District shall provide such notice in
accordance with the applicable legislation, to owners and tenants in occupation of
parcels within 100 metres from any boundary of any subject property of the application
or proposed bylaw, advising of:
6.1.1. A scheduled public hearing for an OCP amendment, Zoning Bylaw
amendment, Phased Development Agreement;
6.1.2. A scheduled Council meeting for considering first reading if a public hearing
is not required or is prohibited;
6.1.3. A scheduled Council meeting for considering a Development Variance
Permit; or
6.1.4. A scheduled Council meeting for considering a Temporary Use Permit.
6.2. Where notification is not required by the Local Government Act or Community Charter,
the District will mail or otherwise deliver notification to owners and tenants in
occupation of parcels within 100 metres from the boundaries of the subject application
at least 15 days prior to the consideration of the application for the following
applications:
6.2.1.
Development Variance Permit (or, for Minor Development Variance
Permit, to adjacent property owners)
6.2.2.
Liquor Licence for Liquor Primary Club or Manufacturer
6.2.3.
Cannabis Cultivation Licence
6.2.4.
Cannabis Nursery Licence
6.2.5.
Non-medical Cannabis Retail Store Licence
6.3. When a public information meeting is required by the District, the District will provide
the applicant with the addresses of properties within 100 metres from the subject lands.
A public information meeting must be advertised by both mail to owners and tenants of
property located within 100 metres of the subject property(s) and by local newspaper
advertisements and/or electronic means in accordance with the Public Notice Bylaw, as
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amended or superseded. Notification must be delivered and printed, as applicable, a
minimum of 15 days in advance of holding a public information meeting.
7.
PUBLIC INFORMATION MEETINGS
7.1. As outlined in the Schedules to this bylaw, an applicant is required to hold a public
information meeting prior to OCP amendments and zoning amendments being
considered by Council to provide an additional opportunity for the public to access
information and to inquire about the application.
7.2. When a public information meeting is held by the applicant, it is the responsibility of the
applicant to arrange and conduct the meeting at a location accessible to individuals with
disabilities in Peachland or, when authorized in advance by the Director, on a virtual
meeting platform at the applicant's expense.
7.3. As determined by the Director, the applicant must advertise the meeting in a local
newspaper and/or by electronic means in accordance with the Public Notice Bylaw, as
amended or superseded from time to time, at least 15 days prior to the meeting at their
expense.
7.4. The applicant must make available for review all relevant plans, studies and technical
information regarding the proposal.
7.5. The applicant must provide to the District a copy of the advertisement(s), and mail out
notification(s) sent, so that the information can be posted in accordance with the Public
Notice Bylaw, as amended or superseded from time to time.
7.6. After the meeting is held, applicants must submit a report to the District which will form
part of staff's Report to Council for consideration of first reading, summarizing the
meeting including the following information:
7.6.1.
Location, time, and duration of meeting;
7.6.2.
Number of attendees;
7.6.3.
Proof of how the meeting was advertised;
7.6.4.
Information provided at the meeting; and
7.6.5.
A summation of questions raised and major discussion points.
7.7. Council may require the applicant to conduct additional public consultation to seek
additional community engagement regarding the proposed application, the cost of
which will be the responsibility of the applicant.
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8.
AGENCY REFERRAL PROCESS
8.1. When reviewing applications, staff may refer to other agencies, organizations, or levels
of government for review and comment.
8.1.1
Unless otherwise specified in the referral, a standard response period of
thirty (30) days shall apply.
8.1.2
The response period shall be determined by staff based on the complexity
and nature of the application and shall not be less fifteen (15) days.
8.2. Requests from any agency to extend the referral period may be granted at the discretion
of the Director.
9.
SECURITY
9.1. Pursuant to the Local Government Act and the OCP, security may be required as a
condition of permit issuance for the following:
9.1.1.
Landscaping ("Landscape Security");
9.1.2.
An unsafe condition or damage to the natural environment that may
result as a consequence of a contravention of a condition in a permit
("Remediation Security"); or;
9.1.3.
To guarantee the performance of the terms of a permit
("Performance Security").
9.2. Phased Landscape
9.2.1.
Plans may be approved for large-scale developments at the
discretion of the Director to enable the completion of the landscape
plan in phases and the submission of the related security deposit
at each phase. The applicant is required to request a phased
approach to the execution of the landscape plan at the time of
Development Permit application, clearly identifying on the submitted
landscape plan the proposed phases and related cost estimates for
each phase.
9.3. Form of Security
9.3.1.
Security will be provided in the form of an automatically renewing
irrevocable letter of credit, certified cheque, bank draft or in a form
satisfactory to the Director.
9.4. Amount of Security
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The amount of security will be calculated and submitted by a Qualified Professional
at the applicant's expense, to the satisfaction of the Director using the following:
9.4.1.
For Landscape Security, the amount of security will be 125% of an
estimate or quote of the cost of works, including but not limited to:
inspections, monitoring, maintenance, irrigation, labour, and
plantings materials.
9.4.2.
For Remediation Security, the amount of security will be 125% of an
estimate or quote of the cost of works, including but not limited to:
inspections, monitoring, maintenance, irrigation, labour, and
planting materials.
9.4.2.1.
Where security is required in the case of an unsafe
condition or damage to the natural environment that may
result from a contravention of a permit condition, the
amount of security shall reflect:
a)
the nature of the permit condition;
b) the nature of the unsafe condition or damage; and
c)
the cost to the District of entering the land to
undertake the work to correct the unsafe
condition or restore and enhance the natural
environment, including the cost of repairing any
damage to land that may have been caused by
the unsafe condition or that may have occurred in
connection with the repair work.
9.4.3.
For Performance Security, the amount of security will be 125% of an
estimate or quote of the cost of works to guarantee the performance
of the terms of the permit. Such works may include but are not
limited to: inspections, monitoring, maintenance, irrigation, labour,
planting materials and works required to restore the land or remove
any temporary structures.
9.5. Return of Security
9.5.1.
If a permit is cancelled by the applicant and no work has occurred
related to the security deposit, the security deposit will be returned
to the applicant at the approval of the Director.
9.5.2.
Unless otherwise stated in this bylaw, the District will return the
security when written request has been submitted by the applicant
and includes a satisfactory Substantial Completion Report by a
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Qualified Professional certifying that:
9.5.2.1.
The works have been completed in substantial
compliance with the approved plan(s).
9.5.2.2.
The unsafe condition or damage to the natural
environment has been corrected.
9.5.3.
The Substantial Completion Report must be signed and sealed by a
Qualified Professional and include the following at a minimum:
9.5.3.1.
The date and drawing number of the plan reviewed by the
Qualified Professional;
9.5.3.2.
Date(s) of inspection by the Qualified Professional;
9.5.3.3.
A statement from the Qualified Professional that the
completed works substantially comply with the approved
plan;
9.5.3.4.
Identification of conformance to approved species,
quantity of materials, scale and number of plans,
irrigation
systems
and
features
(including
hard
landscaping) as shown on approved drawing(s) and
installation to British Columbia Society of Landscape
Architects (BCSLA)/British Columbia Landscape & Nursery
Association (BCLNA) standards;
9.5.3.5.
Confirmation that the depth of soils and composition of
soils are to British Columbia Society of Landscape
Architects (BCSLA)/British Columbia Landscape & Nursery
Association (BCLNA) standards;
9.5.3.6.
A description of all deviations from the approved plan(s)
with a rationale for the changes and whether the changes
meet the intent of the approved plan(s); and;
9.5.3.7.
The requested amount of funds to be released.
9.5.4.
Upon receipt of a Substantial Completion Report, the District may
conduct a site inspection to verify that the works are installed in
accordance with the approved plans.
9.5.5.
Should there be any deficiencies identified in the Substantial
Completion Report or should the District find any discrepancies
and/or deficiencies during an inspection, an inspection report will be
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issued to the applicant and the security will be retained until the
deficiencies have been addressed. Any changes to the approved
plans will require approval of the District prior to installation of any
works. Depending on the level of non-conformance with the
approved plans, Council approval of the revised plan(s) may be
required through an amended permit application prior to the release
of the security.
9.5.6.
Site inspections and final acceptance by the District of the
installation of plant material, sodding or seeding, will not be carried
out between November 1st and April 30th due to weather conditions,
unless otherwise approved by the Director.
9.5.7.
Upon completion of any items outlined in an inspection report, the
applicant shall notify the District for further inspection in order to
obtain a final release of the security.
9.5.8.
Upon substantial completion, the District will return a portion of the
security deposit. The District may withhold 10% of the total security
as a maintenance bond for up to two growing seasons to ensure that
the work has been fully implemented and demonstrated to function
(ecologically or as designed).
9.5.9.
Interest accrued on the security provided accrues to the holder of
the permit and must be paid to the holder immediately on return of
any unused portion of the security or, on default, becomes part of
the amount of security.
9.6. Partial Return of Landscape Security
The District may return a portion of the Landscape Security upon receipt of a report
from a Qualified Professional.
9.6.1.
The report must include the following:
9.6.1.1.
Evidence that the total landscaping is 50% complete and
substantially complies with the approved landscape plan;
9.6.1.2.
Evidence that the perimeter landscaping is 100%
complete as required by the approved landscape plan for
any portion of the subject property that includes street
frontage;
9.6.1.3.
The date and drawing number of the landscape plan
reviewed by the Qualified Professional;
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9.6.1.4.
Date(s) of inspection by the Qualified Professional;
9.6.1.5.
Evidence of conformance to approved species, quantity
of materials, scale and number of plants, irrigation
systems and features (including hard landscaping) as
shown on approved drawing(s) and installation to British
Columbia Society of Landscape Architects (BCSLA)/British
Columbia Landscape & Nursery Association (BCLNA)
standards;
9.6.1.6.
Identification of all deviations from the approved
landscape plan;
9.6.1.7.
The submission of a revised landscape plan and cost
estimates for the remainder of the works to be completed
for the approval of the Director; and
9.6.1.8.
The request for the amount of funds to be released.
9.6.2.
When considering a request for partial release, staff will consider the
visual impact and safety of the remainder of the site as well as the
public interface areas prior to approving a partial return request.
9.6.3.
If the request for the partial return of security is approved, the
District will return up to 50% of the original cost estimate or quote
and will withhold a portion of the original cost estimate as a
maintenance bond as set out in s. 9.5.8.
9.6.4.
The partial return of the landscape security will occur only once per
security deposit unless as otherwise approved by the Director.
10.
PERMIT RENEWALS, EXTENSIONS, LAPSES AND RE-APPLICATION
10.1. An application that has been inactive for more than six (6) months is deemed to be
abandoned and may be closed.
10.2. If an application made pursuant to this bylaw has not been given final adoption by
Council within one (1) year after the date it was given third reading or one (1) year after
the date of last consideration by Council the application may be deemed to be
abandoned and the file closed.
10.3. In the case of applications that have been delegated to the Director, if final approval
of the application is not granted within one (1) year after a written request from the
Director to submit any outstanding items and/or meet the conditions of approval, the
application will be deemed to be abandoned and may be closed.
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10.4. For an application that has lapsed under Sections 10.1 to 10.3 to proceed, a new
application and fee will be required.
10.5. Upon written request from the applicant prior to the lapse of the application, Council
may extend the deadline for a period of one (1) year by passing a resolution to that effect
to enable the applicant to complete the requirements for final adoption. A maximum of
two (2) one-year time extensions may be granted by Council. If Council decides to deny
an extension request or the applicant has received two (2) one-year time extensions and
still has not met the requirements for final adoption and wishes to proceed with the
application, a new application and fee will be required per the Development and Licence
Fees Bylaw, as amended or superseded from time to time.
10.6. If a land use permit is approved, and issuance of the permit is subject to satisfaction
of various conditions, the conditions must be satisfied within one (1) year or the approval
is deemed to have lapsed. Prior to the lapse of application, and upon written request,
the Director may grant one extension for a period of one (1) year. Only one extension
may be granted.
10.7. In the case of a subdivision, the Approving Officer may grant up to two (2) Preliminary
Layout Review extensions of six (6) months each upon written request.
10.8. Re-application
10.8.1. Subject to the Local Government Act, where an application made
pursuant to this bylaw has been refused by Council, Re-application
for the same amendment or permit will not be accepted for a six (6)
month period immediately following the date of refusal.
11.
CHANGE OF OWNERSHIP
11.1. If there is a change of ownership of a parcel(s) of land that is the subject of an
application under this bylaw, the District will require updated Land Title Certificate(s) for
the parcel(s) of land and written authorization from the new owner(s) prior to proceeding
with the application.
12.
DELEGATION OF AUTHORITY
The following powers, duties and functions of Council are delegated to the Director:
12.1. The authority to require security under sections 496 and 502 of the Local Government
Act.
12.2. The authority to designate the form of any permit issued under this bylaw as per the
Local Government Act.
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12.3. The authority to designate the form and content of application forms.
12.4. The authority to create, amend, and prescribe graphic design templates for
development application notice signs.
12.5. The authority to administer this bylaw and to require development approval
information.
12.6. The authority to issue or amend Development Permits for the following:
12.6.1. Any residential developments that do not exceed four (4) units;
12.6.2. Any industrial developments that do not unduly impact the character
of the streetscape or surrounding neighbourhood;
12.6.3. Any accessory building(s);
12.6.4. Renovations or construction of an addition to an existing building
including alterations to the façade;
12.6.5. Any Technical Development Permits where there are no, or only
minor, variances requested and the applicant has provided a report
prepared and signed by a Qualified Professional addressing the
development permit area guidelines and any other requirements of
affected Provincial and/or Federal agencies, and recommendations
of District Staff.
12.7. The Director may refer a delegated Development Permit to Council if, in the opinion
of the Director, it would be in the public interest to instead have the application
considered by Council.
12.8. Despite 12.6 the authority to amend any Development Permit that has been issued
provided:
12.8.1. The changes are minor in nature regarding landscaping or form and
character issues; and
12.8.2. Only minor variances are requested.
12.9. The authority to renew/extend Development Permits that have been approved or
issued and lapsed provided:
12.9.1. No changes have been proposed to the Permit;
12.9.2. The combined term of the original approval and extension does not
exceed two (2) years from the date of the original approval; and
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12.9.3. The Permit is consistent with the current OCP and relevant
Guidelines.
12.10. Pursuant to the provisions of the Business Licence Bylaw and of this bylaw, Council
delegates to the Director and the Bylaw Enforcement and Licencing Officer the authority
to grant a Cannabis Nursery Licence, a Cannabis Cultivation Licence and/or a Cannabis
Processing Licence.
12.11. The authority to issue Minor Development Variance Permits in accordance with the
following sub-sections:
Determination of Minor
12.11.1. Where the variance would be minor and would have no significant
negative impact on the use of immediately adjacent or nearby
properties. In making this determination the Director must consider
the following criteria:
12.11.1.1. Degree or scope of the variance relative to the regulation
from which a variance is sought;
12.11.1.2. If the proposed variance is consistent with the general
purpose and intent of the zone and/or applicable
regulation;
12.11.1.3. There is a valid reason for the variance request;
12.11.1.4. Proximity of the building or structure to adjacent
properties; and
12.11.1.5. Character of development in the vicinity of the subject
property.
Evaluation of Proposal
12.11.2. In deciding whether to issue a Minor Development Variance Permit
the Director must consider the following guidelines:
12.11.2.1. If the proposed variance addresses a physical or legal
constraint associated with the site (e.g., unusual parcel
shape, topographical feature, statutory right-of-way,
etc.);
12.11.2.2. If there is a community or environmental benefit to the
larger community in granting the variance and/or it would
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support a Council priority (i.e. affordable housing,
environmental protection, tree protection, provision of a
trail SRW);
12.11.2.3. The variance request must not include a reduction in the
required number of parking stalls except in situations
where an increase in parking spaces is associated with a
change in use associated with a business licence
application and does not propose additional floor area;
12.11.2.4. The proposed variance request must not include an
increase to allowable height except in circumstances
where the variance request is for less than 10% of the roof
area or for variances greater than 10% of the roof area,
an increase of less than 1.0 metre of the maximum
allowable building height;
12.11.2.5. The proposed variance must not exceed a 10% increase
of the allowable lot coverage;
12.11.2.6. If strict compliance with the zoning regulation would be
unreasonable and;
12.11.2.7. If the proposed variance would unduly impact the
character
of
the
streetscape
or
surrounding
neighbourhood.
12.11.3. If the proposed variance would unduly impact the character of the
streetscape or surrounding neighbourhood.The Director will refer a
Minor Development Variance Permit to Council in the following
circumstances:
12.11.3.1. The proposed variance does not meet the criteria of
minor;
12.11.3.2. The proposed variance is in conjunction with a
Development Permit application that is not delegated to
staff; or
12.11.3.3. The proposed variance meets the criteria of minor, but in
the opinion of the Director, it would be in the public
interest to instead have the application considered by
Council.
12.12. The following powers, duties and functions of Council are delegated to the Director,
Corporate Officer, and Chief Administrative Officer when required as a condition of a
development application approval:
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12.12.1. To enter into, execute, or amend a Covenant or Statutory Right of
Way;
12.12.2. To approve and execute the discharge of a restrictive covenant which
is no longer required or is to be replaced;
12.12.3. To acquire and execute a statutory right of way or easement or
amendment to a statutory right of way or easement on behalf of the
District in connection with the operation of a sewer, water or
drainage works, or for the purpose of trails or pedestrian or vehicular
access; and
12.12.4. To approve and execute a discharge of a statutory right of way which
is no longer required by the District or is to be replaced.
13.
COUNCIL RECONSIDERATION OF A STAFF DECISION
13.1. Within 14 days of being notified in writing of the decision of a delegate under this
bylaw, an applicant may, at no charge, request that Council reconsider the decision.
13.2. The applicant must give written notice to the District Corporate Officer setting out the
grounds on which the applicant considers the decision to be inappropriate, including the
specific decision, and what decision Council should use as a substitute.
13.3. The District Corporate Officer will notify the delegate of the request(s) for
reconsideration and the delegate will, prior to the date of the meeting at which the
reconsideration will occur, provide a copy of the written memo setting out for Council,
the rationale for their decision.
13.4. The District Corporate Officer will place the request(s) for reconsideration on the
agenda of a meeting of Council to be held as soon as reasonably possible.
13.5. The District Corporate Officer will notify the applicant of the date of the meeting at
which reconsideration will occur.
13.6. Council will review the information provided by the applicant and staff, and either
confirm the decision made by staff, or substitute its own decision including Development
Permit conditions.
14.
ENFORCEMENT
14.1. Subject to the Community Charter, the Director, an employee of the District, or any
appointed officer of the District engaged in the administration or enforcement of this
bylaw, are hereby authorized to enter a Premises, vehicle, or other place in respect of
which a Permit or Licence has been applied for or granted pursuant to this bylaw, at all
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reasonable times to inspect and determine whether the regulations and requirements
of this or any other bylaw and the Permit or Licence are being observed.
14.2. Every person who violates a provision of this bylaw commits an offence and is liable
on summary conviction to a penalty not exceeding $50,000.00 and the costs of
prosecution.
14.3. Each day a violation of the provisions of this bylaw exists or is permitted to exist will
constitute a separate offence.
15.
SEVERABILITY
15.1. If any section, subsection, sentence, clause or phrase forming part of this bylaw is for
any reason held to be invalid by the decision of any Court of competent jurisdiction, the
invalid portion shall be severed from the bylaw without affecting the validity of the bylaw
or any remaining portions of the bylaw.
16.
REPEAL
16.1. The Development & Licence Approval Procedures Bylaw No. 2278, 2020 together with
any amendments is hereby repealed.
READ A FIRST TIME THIS 16TH DAY OF MAY 2023.
READ A SECOND TIME THIS 16TH DAY OF MAY 2023.
READ A THIRD TIME THIS 16TH DAY OF MAY 2023.
ADOPTED THIS 1ST DAY OF AUGUST 2023.
Mayor
Corporate Officer
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SCHEDULE 1 - DEVELOPMENT PROPOSAL SIGN REQUIREMENTS
1.
Installation
In respect of an application for an OCP Bylaw Amendment, Zoning Amendment,
Development Variance Permit, and Temporary Use Permit, the applicant, at their
cost, must install a District of Peachland Development Proposal sign in accordance
with this bylaw.
2.
Timing
The Development Proposal sign must be posted on site two weeks prior to a public
hearing or Council consideration of application. The sign must be posted in
accordance with the specifications outlined in the Schedules forming part of this
bylaw.
3.
Design of Sign
The design of the sign shall be in a form prescribed by the Director (Development
Proposal Sign Template).
4.
Preparation of Sign
The preparation and posting of the Development Proposal sign is the responsibility of
the applicant and must be undertaken as per the requirements of this bylaw and as
identified on the Development Proposal Sign Template. The applicant will provide a
mock-up of the sign with their complete application for review and approval prior to
final printing. Once the sign is posted, the applicant shall demonstrate proof to the
staff of the posted sign within 10 days of staff's approval of the mock-up.
5.
Siting of Sign
All Development Proposal signs shall be placed on the property at a setback of 3
metres from the front property line as demonstrated in the below diagram. The sign
must face the street and be clearly visible. All proposed sign locations must be
verified by the District Staff prior to installation. The sign must be located so as not to
interfere with pedestrian or vehicular traffic, or obstruct visibility from streets, lanes,
walkways or driveways so as to create a hazard. The Development Proposal sign must
be installed in a sound, well-constructed manner and must be capable of withstanding
wind and weather.
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6.
Number of Signs
The applicant shall post a minimum of one (1) Development Proposal sign. For large
parcels with over 200 metres of street frontage, one (1) Development Proposal sign
shall be required for each 200 metres of street frontage, to a maximum of three signs.
For applications with more than one street frontage, a minimum of one sign shall be
placed on each street frontage.
7.
Maintenance of Sign
It is the responsibility of the applicant to ensure the sign(s) remain intact and visible
as per the sign siting specifications until such time the sign can be removed, in
accordance with Section 9.
8.
Amendments to Application
If any significant amendments are made to the application, the applicant will be
required to install new sign(s) reflecting the change in application. The applicant will
provide a mock-up of the sign to the District Staff for review and approval prior to final
printing.
9.
Sign Removal
The Development Proposal sign shall be removed by the applicant within seven (7)
days following:
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(i)
The conclusion of the public hearing or adoption of the amending bylaw
if a public hearing is not required; or
(ii)
The final consideration of an application by Council or delegate; or
(iii) The abandonment of the application.
10. Failure to Post, Maintain or Remove
(i)
Failure to post and maintain the required Development Proposal
sign(s) in accordance with this bylaw may result in the postponement
of any public information or Council meeting and any costs associated
with the postponement will be borne by the applicant. Non-compliance
with this section due to the removal, destruction, or alteration of the
sign by vandalism or natural occurrence shall not affect the validity of
the application or postpone a public information or Council meeting as
long as reasonable efforts have been taken by the applicant to maintain
the sign.
(ii)
Failure to remove the sign as required may result in the sign being
removed at the expense of the applicant. The District shall not be liable
for any damage or loss of the sign.
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SCHEDULE 2 - OFFICIAL COMMUNITY PLAN AMENDMENT OR ZONING BYLAW
AMENDMENT APPLICATIONS (INCLUDING THE ESTABLISHMENT OF
A PHASED DEVELOPMENT AGREEMENT)
This information is meant as a general guide to the processing procedure and is not
regarded as the right to development approval if the steps indicated are followed.
1.
Application Requirements
Application requirements are specified in the District of Peachland Development
Application Form.
2.
Consultation
An application for an amendment to the OCP will include one or more opportunities
for consultation with persons, organizations and authorities it considers affected by
the application as per the Local Government Act. The opportunity for consultation
will be considered for each amendment application and will be outlined within the
staff report to Council.
3.
Processing Procedure
An amendment application submitted in accordance with this bylaw will be
substantially processed as follows:
a) The applicant will have a Pre-application Meeting to discuss the proposal and
application requirements with staff prior to submitting a formal application to
the District. Following the Pre-application meeting, staff will provide the
applicant with a marked-up application form that outlines all of the supporting
documentation required to form a complete application package.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will return the application and request the required information
from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) Staff will review the proposal for compliance with relevant District bylaws and
policies and may meet with the applicant (as required). Staff may conduct a
site visit(s) as part of the evaluation process.
e) The Applicant will post a Development Proposal sign as per Schedule 1 of this
The Corporation of the District of Peachland
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bylaw.
f) Staff may prepare an initial Report to Council to introduce the application and
seek preliminary direction regarding the application.
g) Staff will refer the application to all applicable District departments,
Development Review Team (DRT), government ministries, agencies and
organizations.
h) Staff may prepare a Comprehensive Letter(s), incorporating feedback
received from the referral process to identify preliminary development
conditions/requirements which will be sent to the applicant to:
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s)
(ii)
Submit any necessary reports/studies; and
(iii) Complete any required approvals.
i) The applicant must address the items in the comprehensive letter and may
wish to revise the application accordingly.
j) The applicant is required to host a public information meeting at their own
expense prior to the amending bylaw being considered by the Council. The
applicant is to conduct public information meeting in accordance with the
requirements of Section 7 of this bylaw.
k) For a rezoning application where the proposed zoning bylaw is consistent with
the OCP, staff will publish and give notice of the amending bylaw(s) advising
of the date of the first reading of the bylaw in accordance with the Local
Government Act.
l) Staff will prepare a technical report for Council's consideration, incorporating
feedback received from the referral process, the community and any
recommendations from the Development Review Team (DRT).
m) Council will receive the technical report, and if Council decides to proceed with
the amendment application, the amending bylaw may be given readings.
Council may alternatively decide to postpone or deny the application.
n) A public hearing shall be held only where permitted in accordance with the
Local Government Act, the Public Notice Bylaw and Section 6 of this bylaw.
o) If a public hearing is held, the minutes of the Public Hearing will be presented
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to Council prior to consideration of third reading of the amending bylaw.
p) Council may proceed with third reading of the amending bylaw (including the
imposition of conditions), postpone, or deny the application. Upon third
reading, an amendment bylaw may need to be referred to the relevant
provincial minister(s) for signature before proceeding to adoption.
q) Once all of the conditions identified at third reading, if any, have been
addressed, Council will consider adoption of the bylaw(s).
r) Once the minutes of the Council resolution have been prepared, the applicant
will be notified of the outcome.
4.
Preparation of Phased Development Agreements
If a Phased Development Agreement is required, it may be processed concurrently
with a Zoning Bylaw Amendment application, and will be substantially processed with
the following additional steps:
a) The applicant will be required to work with staff to develop a Terms Sheet
identifying the basic conditions to be outlined in the Phased Development
Agreement. Such conditions include, but are not limited to, the lands affected
and intent of the agreement, the term, amenities, features and phasing of the
development. Other conditions may be required and will be determined on a
site-specific basis.
b) The applicant will submit the draft Terms Sheet to the District who will refer it
to applicable District departments, government ministries, agencies,
organizations and the Development Review Team.
c) Staff will prepare a technical report to the Director for consideration of the
Terms Sheet. Once the basic conditions in the Terms Sheet have been agreed
upon, the applicant will be directed to draft the Phased Development
Agreement, at the applicant's expense, and submit the agreement to the
District.
d) Staff will refer the draft Phased Development Agreement to all applicable
District departments, government ministries, agencies, organizations and may
refer the draft Phased Development Agreement to a solicitor.
e) Staff will prepare a technical report for Council's consideration on the draft
Phased Development Agreement, incorporating feedback received from the
referral process, the community and any recommendations from
Development Review Team (DRT).
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f) Notices of the amending bylaw(s) will be given advising of the date of the first
reading of the bylaw in accordance with the Local Government Act.
g) If Council wishes to proceed with the Phased Development Agreement, the
Phased Development Agreement Bylaw will be given first and second readings
(including the placement of conditions, where appropriate). Council may
alternatively decide to postpone or deny the application.
h) Should the Phased Development Agreement Bylaw receive first and second
readings and Council decides that a public hearing be held to permit the public
to comment on the application pursuant to the Local Government Act and as
per this bylaw, notice(s) of the amending bylaw(s) will be published in a
newspaper, or electronically, pursuant to the Local Government Act and the
Public Notice Bylaw.
i) Following the close of the public hearing, Council may proceed with third
reading of the amending bylaw (including the imposition of conditions),
postpone or deny the application.
j) Once the applicant has adequately addressed all of the conditions identified
at third reading (if any), Council will consider adoption of the Phased
Development Agreement Bylaw(s).
k) If a Phased Development Agreement is entered into, a Notice of Permit will be
registered against the title of the property at the Land Title Office by staff.
l) Amendments to an approved Phased Development Agreement may occur
pursuant to the Local Government Act.
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SCHEDULE 3 - DEVELOPMENT PERMIT APPLICATIONS
This information is meant as a general guide to the processing procedure and is not
regarded as the right to development approval if the steps indicated are followed.
1.
Application Requirements
Application requirements are specified in the District of Peachland Development
Application Form.
2.
Processing Procedure
A Development Permit Application submitted in accordance with this bylaw will be
substantially processed as follows:
a) The applicant will have a Pre-application Meeting to discuss the proposal and
application requirements with staff prior to submitting a formal application to
the District.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will request the required information from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) Staff will review the proposal for compliance with relevant District bylaws and
policies and may meet with the applicant (as required). Staff may conduct a
site visit(s) as part of the evaluation process.
e) Staff may refer the application to all applicable District departments, advisory
committees, Development Review Team (DRT), government ministries,
agencies and organizations.
f) Staff may prepare a Comprehensive Letter(s), incorporating feedback received
from
the
referral
process
to
identify
preliminary
development
conditions/requirements which will be sent to the applicant to:
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s);
(ii)
Submit any necessary reports/studies;
(iii) Complete any required approvals.
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The applicant must address the items in the comprehensive letter and may
wish to revise the application accordingly.
g) Staff will prepare a technical report for consideration, incorporating feedback
received from the referral process and any recommendations from the
Development Review Team (DRT). If the Director has delegated authority to
review the Development Permit, the application and technical report will be
referred to the Director for consideration, otherwise the report will be
prepared for Council's consideration.
h) If authority has not been delegated, Council will receive the technical report,
and if Council decides to proceed with the development permit application,
Council may authorize the issuance of the development permit or authorize
the issuance of the development permit with conditions. Council may
alternatively decide to postpone or deny the application. If the development
permit application includes a request for a development variance(s), the
request may be considered by staff or Council in conjunction with the
development permit application pursuant to requirements of this bylaw and
the Local Government Act. Additional fees will be required as per the District
of Peachland Fees and Charges Bylaw as amended from time to time.
i) The applicant will be notified of the decision regarding the application.
j) If a Development Permit is granted, a Notice of Permit will be registered
against the title of the property at the Land title Office by staff.
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SCHEDULE 4 - MINOR DEVELOPMENT VARIANCE PERMIT AND DEVELOPMENT
VARIANCE PERMIT APPLICATIONS
This information is meant as a general guide to the processing procedure and is not
regarded as the right to development approval if the steps indicated are followed.
1.
Application Requirements
Application requirements are specified in the District of Peachland Development
Application Form.
2.
Processing Procedure
A Development Variance Permit application submitted in accordance with this
bylaw will be substantially processed as follows:
a) The applicant will have a pre-application meeting to discuss the proposal and
application requirements with staff prior to submitting a formal application to
the District.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will request the required information from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) Staff will mail or otherwise deliver notices to owners and tenants within 100
metres per requirements of this bylaw and the Local Government Act. If the
Director has delegated authority to review the Development Variance Permit
no notice is required as per the Local Government Act; however, notification
will be sent to adjacent property owners as per this bylaw.
e) Staff will review the proposal for compliance with relevant District bylaws and
policies and may meet with the applicant (as required). Staff may conduct a
site visit(s) as part of the evaluation process.
f) Staff may refer the application to the Development Review Team (DRT), all
applicable District departments, government ministries, agencies and
organizations. Staff will determine whether the variance request is minor or
needs to be referred to Council for a decision.
g) Staff will prepare a technical report for consideration, incorporating feedback
received from the referral process and any recommendations from the
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Development Review Team (DRT). If the application is deemed to be a Minor
Development Variance Permit and the Director has delegated authority to
approve the Permit, the application and technical report will be referred to
the Director for consideration, otherwise the report will be prepared for
Council's consideration.
h) The Director may authorize the issuance of a Minor Variance Permit or
alternatively decide to deny the application or refer it back to staff for further
information or deem that the variance is not minor and refer the application
to Council for a decision. If authority has not been delegated or the Director
denies the application, Council will receive the technical report, and if Council
decides to proceed with the development variance permit application, Council
may authorize the issuance of the development variance permit or authorize
the issuance of the development variance permit with conditions. Council may
alternatively decide to postpone or deny the application.
i) When a permit is to be (re)considered by the Council, staff will forward a
technical memo, incorporating feedback received from the referral process,
and the community.
j) Council will receive the technical memo and may authorize the issuance of the
Development Variance Permit or authorize the issuance of the Development
Variance Permit with conditions. Council may alternatively decide to postpone
or deny the application.
k) The applicant will be notified of the decision regarding the application.
l) If a Development Variance Permit is granted, a Notice of Permit will be
registered against the title of the property at the Land title Office by staff.
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SCHEDULE 5 - TEMPORARY USE PERMIT APPLICATIONS
This information is meant as a general guide to the processing procedure and is not
regarded as the right to development approval if the steps indicated are followed.
1.
Application Requirements
Application requirements are specified in the District of Peachland Development
Application Form.
2.
Processing Procedure
A Temporary Use Permit (TUP) application submitted in accordance with this bylaw will
be substantially processed as follows:
a) The applicant will have a Pre-application Meeting to discuss the proposal and
application requirements with staff prior to submitting a formal application to
the District.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will request the required information from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) The Applicant will post a Development Proposal sign as per Schedule 1 of this
bylaw.
e) Staff will review the proposal for compliance with relevant District bylaws and
policies and may meet with the applicant (as required). Staff may conduct a
site visit(s) as part of the evaluation process.
f) Staff will refer the application to all applicable District departments,
Development Review Team (DRT), government ministries, agencies, and
organizations.
g) Staff may prepare a Comprehensive Letter(s), incorporating feedback received
from
the
referral
process
to
identify
preliminary
development
conditions/requirements which will be sent to the applicant to:
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s);
(ii)
Submit any necessary reports/studies; and
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(iii) Complete any required approvals.
h) Staff will mail or otherwise deliver notices to adjacent property owners per
this bylaw and per the requirements of the Local Government Act. Notice will
also be published in the newspaper, or other electronic means, pursuant to
the Local Government Act and the Public Notice Bylaw.
i) The applicant may be required and is encouraged to host a public
information meeting at their own expense prior to the permit being
considered by Council. If required, the applicant is to conduct public
information meeting in accordance with the requirements of this bylaw.
j) Staff will prepare a technical report for Council's consideration, incorporating
feedback received from the referral process, the community and any
recommendations from the Development Review Team (DRT).
k) Council will receive the technical report, and Council may grant the requested
permit (including the imposition of conditions) or may postpone or deny the
application.
l) Once the minutes of the Council resolution have been prepared, the applicant
will be notified of the outcome.
m) If a Permit is granted by Council, a Notice of Permit will be registered against
the title of the property at the Land title Office by staff.
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Development Application Procedures Bylaw No. 2396, Consolidated
Page 34 of 43
SCHEDULE 6 - A REFERRAL FOR A LIQUOR LICENSE AND CANNABIS LICENSE
UNDER THE LIQUOR AND CANNABIS REGULATION BRANCH (LCRB)
This information is meant as a general guide to the processing procedure and is not
regarded as the right to license approval if the steps indicated are followed.
1.
Application Requirements
a) Applicants must review the Liquor and Cannabis Regulation Branch (LCRB)
requirements prior to submitting a Liquor License or a Cannabis License
application to the District. The LCRB specifies application requirements and
when local governments are required to comment on liquor license
applications.
2.
Processing Procedure for Liquor Licenses and Cannabis Licenses
A Liquor License Application submitted in accordance with this bylaw will be
substantially processed as follows:
a) The applicant may have a pre-application meeting to discuss the proposal and
application requirements with staff prior to submitting a formal application to
the District.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will request the required information from the applicant.
c) Upon receipt of an application submitted in accordance with the requirements
of this bylaw, staff will open a file and issue a receipt to the applicant.
Applicants are required to demonstrate proof of application to the LCRB prior
to municipal consideration. The LCRB may forward a summary report to the
District prior to the District's review of the application.
d) Staff will review the proposal for compliance with relevant District bylaws and
policies and may meet with the applicant (as required). Staff may conduct a
site visit(s) as part of the evaluation process.
e) Staff may refer the application to all applicable District departments,
Development Review Team (DRT), government ministries, agencies and
organizations.
f) Staff may prepare a Comprehensive Letter(s), incorporating feedback received
from the referral process to identify preliminary conditions/requirements
which will be sent to the applicant to:
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 35 of 43
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s);
(ii)
Submit any necessary reports/studies; and
(iii) Complete any required approvals.
g) In order to obtain public input, the District may, in accordance with the Liquor
Control and Licensing Act and the Cannabis Control and Licensing Act:
(i)
Advertise the proposal to solicit written comments on the application
from the public. Such comments shall be submitted in writing to the
Director within fourteen (14) days of the publication of the notice.
(ii)
Send notifications to adjacent property owners in accordance with this
bylaw.
h) Where a Council resolution is required, staff will prepare a technical report for
Council's consideration, incorporating feedback received from the referral
process, the community, and any recommendations from the Development
Review Team (DRT) and in accordance with the criteria local governments
must consider as per guidelines specified by the LCRB.
i) Council will receive the technical report, and Council will make a
recommendation to the LCRB by passing a resolution to either approve or deny
the application.
j) Staff will forward comments where delegated and/or the Council resolution
to the LCRB for their final review and approval.
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 36 of 43
SCHEDULE 7 - SECTION 219 COVENANT AND/OR STATUTORY RIGHT OF WAY
AMENDMENTS
This information is meant as a general guide to the processing procedure and is not
regarded as the right to approval if the steps indicated are followed.
1. Application Requirements
Application requirements are specified in the District of Peachland Development
Application Form.
2. Processing Procedure
An application to amend a Section 219 Covenant or statutory right of way submitted
in accordance with this bylaw will be substantially processed as follows:
a) The applicant will have a Pre-application Meeting to discuss the proposed
amendment and application requirements with staff prior to submitting a
formal application to the District.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will request the required information from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) Staff will review the proposal for compliance with relevant District bylaws and
policies and consistency with provincial guidelines. Staff may meet with the
applicant as required and may conduct a site visit(s) as part of the evaluation
process.
e) Staff will refer the application to all applicable District departments,
Development Review Team (DRT), government ministries, agencies and
organizations.
f) Staff may prepare a Comprehensive Letter(s), incorporating feedback received
from
the
referral
process
to
identify
preliminary
development
conditions/requirements which will be sent to the applicant to:
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s);
(ii)
Submit any necessary reports/studies; and
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 37 of 43
(iii) Complete any required approvals.
g) Staff will prepare a technical report for consideration, incorporating feedback
received from the referral process and any recommendations. If the
application is deemed to meet the criteria of delegated authority, the
amendment request and technical report will be referred to the Director for
consideration otherwise the report will be prepared for Council's
consideration.
h) Council/Director will receive the technical report, and Council/Director may
approve the request, may approve the requested amendment with terms or
conditions, or may postpone or deny the application.
i) Once the minutes of the Council resolution have been prepared, the applicant
will be notified of the outcome.
j) If the proposed amendment is approved, an amended covenant or statutory
right of way under the Land Title Act or request to discharge will be prepared
at the expense of the applicant and will be registered against the title of the
subject property at the Land Title Office.
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 38 of 43
SCHEDULE 8 - ROAD CLOSURE APPLICATIONS
This information is meant as a general guide to the processing procedure and is not
regarded as the right to approval if the steps indicated are followed.
1. Application Requirements
Application requirements are specified in the District of Peachland Development
Application Form.
2. Processing Procedure
An application to close a municipal road must be submitted in accordance with this
bylaw will be substantially processed as follows:
a) The applicant will have a pre-application Meeting to discuss the proposed
request and application requirements with staff prior to submitting a formal
application to the District.
b) Staff will review the application to determine whether it is complete, and, if
incomplete, will request the required information from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) Staff will review the proposal for compliance with relevant District bylaws and
policies and consistency with provincial guidelines. Staff may meet with the
applicant as required and may conduct a site visit(s) as part of the evaluation
process.
e) Staff will refer the application to all applicable District departments,
Development Review Team (DRT), government ministries, agencies and
organizations.
f) Staff may prepare a Comprehensive Letter(s), incorporating feedback received
from
the
referral
process
to
identify
preliminary
development
conditions/requirements which will be sent to the applicant to:
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s);
(ii)
Submit any necessary reports/studies; and
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 39 of 43
(iii)
Complete any required approvals.
g) Staff will prepare a technical report and road closure bylaw for consideration
of up to three readings, incorporating feedback received from the referral
process and any recommendations. If disposition is being considered Council
may be asked to authorize the disposition and direct staff to advertise
Council's intention to close and sell the road closure area, as per Section 40
and 94 of the Community Charter.
h) Prior to adopting a road closure bylaw, the District must:
i.
Provide public notice in accordance with the Community Charter.
ii.
Provide an opportunity for persons who are affected by the bylaw to
make representations to Council.
iii.
Deliver notice of its intention to close a highway to operators of utilities
who council considers will be affected by the closure. The operator of a
utility affected by a closure may require the municipality to provide
reasonable accommodation of the utility's works.
iv.
Ensure that a proposed highway closure does not completely deprive an
owner of access to their property, unless the municipality receives
consent from the property owner or compensates the owner and
provides alternative access.
v.
Refer any road closure bylaws to the Minister of Transportation and
Infrastructure for approval where the proposed highway closure is within
800 metres of an arterial highway.
i) Once the applicant has adequately addressed all of the conditions identified
at third reading, Council will consider adoption of the subject bylaw(s).
j) Once the minutes of the Council resolution have been prepared, the applicant
will be notified of the outcome.
k) If the proposed bylaw(s) are adopted by Council, the removal of road
dedication bylaw is filed in the appropriate Land Title Office. The road
dedication is then cancelled and title to the property will be registered in the
name of the municipality in accordance with the Land Title Act.
l) For title to be raised in the name of the District, the Land Title Office requires
the District to submit the bylaw and plan package, the property transfer tax
form and fee to the Registrar of Land Titles. As raising title and disposing of
the land may occur in close conjunction, note also the Land Title Office filing
requirements for property disposal.
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Development Application Procedures Bylaw No. 2396, Consolidated
Page 40 of 43
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 41 of 43
SCHEDULE 9 - AGRICULTURAL LAND COMMISSION ACT APPLICATIONS
This information is meant as a general guide to the processing procedure and is not
regarded as the right to development approval if the steps indicated are followed.
1. Application Requirements
Applicants must review the Agricultural Land Commission's (ALC) 'Applicant
Information Package' prior to submitting an application to the District (available at:
www.alc.gov.bc.ca). This package contains details on ALC application requirements as
well as the ALC process for issuing approvals.
Application requirements are specified in the Development Application Form.
2. Public Consultation
The applicant will give notice of the application in accordance with the Agricultural
Land Commission Act.
3. Processing Procedure
An application under the Agricultural Land Commission Act submitted in accordance
with this bylaw will be substantially processed as follows:
a) The applicant will have a Pre-application Meeting to discuss the proposal and
application requirements with staff prior to submitting a formal application to
the Agricultural Land Commission.
b) Upon submission of a formal application, staff will review the application to
determine whether it is complete, and, if incomplete, will request the required
information from the applicant.
c) Upon receipt of a complete application submitted in accordance with the
requirements of this bylaw, staff will open a file and issue a receipt to the
applicant.
d) Staff will review the proposal for compliance with relevant bylaws and policies
and may meet with the applicant (as required). Staff may conduct a site visit(s)
as part of the evaluation process.
e) Staff will refer the application to all applicable District departments,
Development Review Team (DRT), government ministries, agencies and
organizations.
The Corporation of the District of Peachland
Development Application Procedures Bylaw No. 2396, Consolidated
Page 42 of 43
f) Staff may prepare a Comprehensive Letter(s), incorporating feedback received
from
the
referral
process
to
identify
preliminary
development
conditions/requirements which will be sent to the applicant to:
(i)
Resolve conditions/requirements identified in the Comprehensive
Letter(s);
(ii)
Submit any necessary reports/studies; and
(iii) Complete any required approvals.
g) Staff will prepare a technical report for Council's consideration, incorporating
feedback received from the referral process, the community, and any
recommendations from the Development Review Team (DRT).
h) Council will receive the technical report. If the proposal triggers Sections 25(3)
or 30(4) of the Agricultural Land Commission Act, Council will consider the
technical report and may:
(i)
Authorize the application to proceed to the Agricultural Land
Commission; or;
(ii)
Not authorize the application to proceed to the Agricultural Land
Commission.
i) If Sections 25(3) or 30(4) of the Agricultural Land Commission Act are not
triggered by the proposal, Council may make recommendation for Agricultural
Land Commission consideration.
j) Once the minutes of the Council resolution have been prepared, the applicant
will be notified of the outcome.
k) If authorized by Council, staff will forward a Local Government Report,
including the complete application, staff report and Council resolution to the
Agricultural Land Commission for consideration.