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3849
1
CITY OF PORT COQUITLAM
DEVELOPMENT PROCEDURES BYLAW, 2013
Bylaw No. 3849
The Council of the Corporation of the City of Port Coquitlam, in open meeting assembled,
enacts as follows:
Citation
This Bylaw may be cited for all purposes as the "Development Procedures Bylaw, 2013, No.
3849.
1. Definitions
In this Bylaw:
Application means a complete request on the application form provided by the City of Port
Coquitlam to:
1) amend an Official Community Plan ("OCP") or Zoning Bylaw;
2) issue or amend a permit under Part 14 or Part 15 of the Local Government Act;
3) obtain a decision on a liquor license application in accordance with the Liquor Control
and Licensing Act and Regulation;
4) obtain a decision on cannabis retail license in accordance with the Cannabis Control and
Licensing Act and Regulation;
5) obtain a decision on an application for the inclusion, exclusion, or subdivision of lands or
a non-farm use within the Agricultural Land Reserve ("ALR") pursuant to the Agricultural
Land Commission Act; and
6) obtain a decision on an application for conversion into strata lots of a previously
occupied building pursuant to the Strat Property Act.
Committee means a standing, select, or other committee of Council.
Designation means a land use designation pursuant to the provisions of the OCP.
Development permit - specialized means a development permit for a small-scale residential
building, a watercourse development permit for a site within an agriculture (A) or residential
small-scale (RS) zone and a development permit (environmental conservation) within an
institutional zone (P1 and P2).
Dwelling unit means a self-contained suite of rooms used or intended to be used as a domicile
by one family and containing cooking, eating, living and sanitary facilities.
Small-scale residential building means a building containing two or more dwelling units or an
accessory dwelling unit on a lot located within the RS (Residential Small-Scale) zones.
Text amendment means a change to a policy, land use designation or regulation of the OCP or
Zoning Bylaw which is not a site-specific change.
Zone means a land use zone pursuant to the Zoning Bylaw of the City of Port Coquitlam.
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2.
Administrative Provisions
1)
The Corporate Officer and Director of Development Services are jointly
responsible for administration of this Bylaw.
2)
If any section, subsection or sub-subsection of this bylaw is held invalid by a
court of competent jurisdiction, such invalidity shall not affect the remaining
portions of the bylaw.
3.
Application Procedures and Requirements
1)
An application shall be made to the Director of Development Services and must
include such information as is required by the Director of Development Services
to evaluate the application.
2)
All applications shall specify and include:
a)
the name, address and contact information for the applicant;
b)
where the application is made by an agent, the name and address of the
owner(s), and a Letter of Authorization signed by the owner(s); and,
c)
the street address and legal description of the subject parcel(s), other
than an application for a text amendment.
3)
All applications shall include, as deemed applicable by the Director of
Development Services:
a)
a description of the present and proposed development or change in land
use;
b)
identification of applicable policies and regulations of the Regional
Growth Strategy, OCP and Zoning Bylaw and any proposed changes to
these policies and regulations;
c)
a completed Development Checklist;
d)
a statement indicating why the application is considered to be in the
public interest and assesses its potential social, environmental and
economic impacts;
e)
one printed copy and one electronic copy of dimensioned plans drawn to
scale including the date and a north arrow specifying the following:
i)
context including abutting streets, lanes and buildings,
ii)
location of existing and proposed property lines,
iii)
location of existing and proposed buildings and structures,
iv)
floor plan of proposed buildings,
v)
elevations of proposed buildings and structures,
vi)
location, type, layout and paving materials for parking spaces,
parking aisles and loading areas,
vii)
easements, rights-of-way or other restrictions registered on title,
viii)
location and type of existing trees, proposed tree retention areas
and landscaping, and
ix)
for applications within an environmental conservation
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development permit area designation, details illustrating the
energy conservation, water conservation, and GHG emission
reduction components of the proposal.
f)
any additional information or documents that in the opinion of the
Director of Development Services is required to evaluate the application,
at the cost of the applicant.
4)
An applicant may request reconsideration by the Council of the information
requirements imposed in respect of an application within 30 days of the date the
Director of Development Services communicated the requirements. A request
for reconsideration must be delivered in writing to the Corporate Officer and
must set out the grounds on which the applicant considers the requirement is
inappropriate and what, if any, requirement the applicant considers the City
ought to substitute.
4.
Fee Procedures
1)
All applications, including requests to extend the time for consideration of an
application, shall be accompanied by a fee calculated in conformance with the
Fees and Charges Bylaw.
2)
Where an applicant has obtained third reading of an amending bylaw and met all
established requirements to be considered for adoption in a timely fashion, but
such consideration is pending, the additional fee for extension may be waived at
the sole discretion of the Director of Development Services.
3)
Where the Committee or Council requires a Public Meeting prior to its decision
on an application for a development permit or heritage alteration permit, the
applicant shall submit the Public Meeting fee prior to the date of the Meeting.
4)
Where an application results solely from a request by the City that the property
owner apply for the application, no application fee shall be payable.
5.
Public Notification and Signage
1)
Notice of a Public Hearing shall be mailed or otherwise delivered at least 10 days
before the date of the Hearing to the owners and occupiers as at the date of the
first reading of the Bylaw:
a) of any parcel that is subject to the application; and
b) within a distance of 120 m (393.7 feet) from any part of a parcel that is
subject to the application.
2) When a public hearing is prohibited or waived for a bylaw amendment application
as per Section 464 of the Local Government Act, notice of the first reading of the
bylaw shall be mailed or otherwise delivered at least 10 days before the date of the
first reading of the bylaw to the owners and occupiers as at the date of the mailing
or delivery of the notice:
a) of any parcel that is subject to the application; and
b) within a distance of 120 m (393.7 feet) from any part of a parcel that is
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subject to the application.
3) Notwithstanding Sections 1 and 2 of this Division, notices may not be mailed or
delivered if 10 or more parcels owned by 10 or more persons are the subject of the
bylaw amendment or permit.
4) Notice of an application for a temporary use permit or a development variance
permit shall be mailed or otherwise delivered at least 10 days before adoption of
the resolution to issue the permit to the owners and occupiers as at the date of the
mailing or delivery of the notice:
a) of any parcel that is subject to the application; and
b) within a distance of 40 m (131.2 feet) from any part of a parcel that is subject
to the permit application.
5) Notice of an opportunity for public input shall be mailed or otherwise delivered at
least 10 days before the date of public consideration to the owners and occupiers:
(a) of any parcel that is subject to the application; and
(b) within a distance of 120 metres (393.7 feet) from any part of a parcel that is
subject to the application.
6) When a Public Meeting is required by Committee or Council, notice of the public
meeting shall be mailed or delivered in the same manner as a Public Hearing in
Section 1 of this Division.
7) Notwithstanding Sections 1 to 6 of this Division, notices are only required to be
provided in accordance with the minimum standards specified in the Local
Government Act during events that result in public postal service disruption.
8) All applicants for an OCP amendment, rezoning bylaw, liquor licence, cannabis
licence and development permit other than a specialized development permit must
post a notice on the subject property advertising the application within 30 days of
submitting the application, ensure the notice remains upright and readable until the
development has been approved or rejected, and remove the notice following a
decision on the application within 30 days.
9) Notice pursuant to Section 7 of this Division shall comply with the following
requirements:
a)
minimum dimension of 122 cm by 244 cm (4' x 8');
b)
located in a highly visible location facing the street and, in the case of a
parcel abutting streets at the front and rear of the lot and open to traffic,
posted to face both streets;
c)
contain the following information:
i.
type of application(s),
ii.
address or legal description of the property(ies),
iii.
development application number(s),
iv.
name and phone number of applicant,
v.
description of proposed development,
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vi.
a context map with the subject property and, if applicable,
proposed building siting outlined in red or, for a development
permit application, a drawing illustrating the design of the
proposed development,
vii.
if applicable, date of public hearing, public meeting or opportunity
for public input (to be added when known),
viii.
date of posting, and
ix.
Planning Division contact information including phone number.
6.
Bylaw Amendment Procedures
1) Where an application for a bylaw amendment has been made in conformance with
this Bylaw:
(a) the Director of Development Services shall have a report prepared advising
the Committee or Council of the merits of the application; and
(b) the Corporate Officer shall have the report from the Director of Development
Services or the Committee placed on an agenda of a meeting of Council.
2)
Committee or Council shall:
a)
request additional information prior to making a decision;
b)
make a decision to either hold a Public Hearing on an application for a
bylaw amendment, or;
c)
waive the Public Hearing requirement on an application to amend the
Zoning Bylaw where the proposed bylaw is consistent with the OCP; or
d)
refuse the application
within two years from the date of application, unless the time for consideration
by Council of the application is extended by a written approval of the Director of
Development Services.
3)
Notwithstanding Section 2 of this Division, Council must not hold a Public
Hearing on an application to amend the Zoning Bylaw where the proposed bylaw
is consistent with the OCP and the purpose of the bylaw is to permit a
development that is at least 50% residential in floor area, or where the purpose
of the proposed bylaw is to comply with Section 481.3 of the Local Government
Act.
4)
Every amending bylaw not adopted by the Council within two years from the
date the amending bylaw was given third reading shall not be considered for
adoption unless the Committee or Council extends the time for consideration of
its adoption for a period of up to one year from the initial two-year period.
5)
No more than one extension may be given to an amending bylaw. An
application, in relation to which the amending bylaw has not received Final
Reading at the end of the first anniversary of its original expiry date or the last
business day prior to this anniversary, shall be closed permanently.
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6)
Where an application for a bylaw amendment is refused by Council, no
subsequent application for the same amendment may be submitted for a period
of six months, subject to Section 460(3) of the Local Government Act.
7)
Nothing in this Division or any action taken by the Council hereunder requires
the Council to adopt any proposed bylaw.
7.
Permit Procedures
1)
Where an application for a temporary use permit, heritage alteration permit,
development permit and development permit in an institutional zone has been
made in conformance with this Bylaw:
a)
the Director of Development Services shall have a report prepared
advising the Committee of the merits of the application;
b)
the report from the Director of Development Services shall be placed on
an agenda of a meeting of the Committee; and
c)
the Committee shall:
i)
refuse the application;
ii)
request additional information prior to a decision;
iii)
hold a Public Meeting prior to a decision;
iv)
forward the application to Council for a decision; or
v)
issue the permit subject to the requirements and conditions per
the Local Government Act.
d)
Prior to Council consideration of an application for temporary use permit,
notice must be given in accordance with Section 4 of Division 5.
2)
Where the Committee or Council refuses a permit, no subsequent application for
the same permit may be submitted for a period of six months, subject to Section
460(3) of the Local Government Act.
3)
Where an application for a specialized development permit other than a permit
within an institutional zone has been made in conformance with the application
requirements of this Bylaw, the Director of Development Services shall:
a)
refuse the application;
b)
request additional information prior to making a decision;
c)
forward the application to the Committee for a decision, or
d)
approve the application subject to requirements and conditions as per
Section 489, 490, and 501 of the Local Government Act.
4)
Where an application for a specialized development permit has been refused by
the Director of Development Services, an application for development permit
may be submitted in conformance with the application requirements of this
Bylaw and be processed in accordance with Section 1 of this Division.
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5)
Where an application for a minor alteration to a development permit has been
submitted:
a)
the Director of Development Services shall:
i)
refuse the application;
ii)
request additional information prior to making a decision;
iii)
forward the application to the Committee for a decision; or
iv)
approve the application subject to requirements and conditions as
per Sections 489, 490, 491 and 501 of the Local Government Act.
8.
Application Expiry and Renewal
1)
An application shall expire unless it is considered in conformance with the
provisions of this Bylaw within two years from the date of application.
2)
An application for a permit which is expired shall be closed permanently unless
renewal of the application for a period of up to one year is authorized by the
Director of Development Services prior to the date of expiry.
3)
Any permit which has not been registered at the Land Title Office within 12
months from the date the permit was issued shall not be registered unless an
extension of the time for registration for a period of up to one year is approved
by the Director of Development Services.
4)
No more than one extension may be given. An application, in relation to which
the permit has not been registered at the end of the first anniversary of its
original expiry date or the last business day prior to this anniversary, shall be
closed permanently.
5)
A temporary use permit may be renewed only once for a period of up to three
years.
9.
Development Variance Permit Procedures
1)
Where an application for a development variance permit has been made in
conformance with this Bylaw:
a)
the Director of Development Services shall have a report prepared
advising the Committee of the merits of the application;
b)
the Committee shall:
i)
request additional information prior to making a decision; or
ii)
instruct the Corporate Officer to give the notice in accordance
with Section 4 of Division 5; and
iii)
forward the application to Council for a decision.
c)
The Corporate Officer shall have the report from the Committee placed
on an agenda of a meeting of Council and the Council shall:
i)
refuse the application; or
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ii)
approve the application.
2)
Where an application for a minor development variance permit has been made
in conformance with this Bylaw and complies with the criteria in Schedule B of
the Delegation of Authority Bylaw:
(a) the Director of Development Services after considering the guidelines in
Schedule C of the Delegation of Authority Bylaw shall:
(i) refuse the application;
(ii) request additional information prior to making a decision;
(iii) forward the application to Council for a decision; or
(iv) approve the application subject to the requirements and conditions as
per Sections 498.1 and 501 of the Local Government Act.
10.
Watercourse Development Permit Procedures
1)
This Division applies to areas within a watercourse development permit area
designation.
2)
In this Division,
Active floodplain means an area of land within a boundary that is indicated by
the visible high-water mark or water level of a stream that is reached during
annual flood events as evidenced by riparian area conditions described in the
definition of "riparian area".
Class A watercourse means a watercourse identified as "Class A" or "Class A(O)"
in the OCP.
Class B watercourse means a watercourse identified as "Class B" in the OCP.
Crest of dike means the edge of the crown of the dike on the river side of the
dike.
Existing vegetation means native and non-native vegetation.
Fish means all life stages of:
(i)
salmonids,
(ii)
game fish, and
(iii)
regionally significant fish.
Fish bearing watercourse means a watercourse in which fish are present or
potentially present if introduced barriers or obstructions are either removed or
made passable for fish and including Class A watercourses.
Fish habitat means the areas in or about a stream such as spawning grounds and
nursery, rearing, food supply and migration areas on which fish depend directly
or indirectly in order to carry out their life processes.
Invasive species means plants that compete for space, light, water, and nutrients
with endemic riparian species and may include, but not be limited to, Himalayan
Blackberry, American Bittersweet, Scotch Broom, Purple Loosestrife, English Ivy,
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Himalayan Balsam, Japanese Knotweed, Giant Knotweed, Morning Glory, Vinca
and reed canary grass.
Natural boundary means the visible high-water mark of any lake, river, stream
or other body of water where the presence and action of the water are so
common and usual, and so long continued in all ordinary years, as to mark on
the soil of the bed of the body of water, a character distinct from that of its
banks, in vegetation, as well as in the nature of the soil itself.
Non-fish bearing watercourse means a watercourse that is not inhabited by fish
and provides water, food and nutrients to a downstream fish bearing
watercourse or other water body including Class B watercourses.
Non-permanent watercourse means a watercourse that typically contains
surface water or flows for periods less than six months in duration, as confirmed
by a qualified professional.
Permanent structure means any building or structure that was lawfully
constructed, placed or erected on a secure and long-lasting foundation on land
in accordance with any local government bylaw or approval condition in effect at
the time of construction, placement or erection.
Permanent watercourse means a watercourse that typically contains continuous
surface waters or flows for a period more than six months in duration, as
confirmed by a qualified professional.
Potential vegetation means an area of land that is considered to have a
reasonable ability for regeneration either with assistance through enhancement
or naturally, as confirmed by a qualified professional, and is considered to not
exist on that part of an area covered by a permanent structure.
Qualified professional means an applied scientist or technologist specializing in
an applied science or technology relevant to the matters dealt with in this
Watercourse Development Permit area designation including, but not
necessarily limited to, agrology, biology, engineering, geology, hydrogeology,
landscape architecture, architecture, land surveying, or land use planning; and:
i)
who is registered in BC and in good standing with their appropriate
professional organization, and
ii)
who, through demonstrated suitable education, experience, and
accreditation and knowledge relevant to the particular matter, may be
reasonably relied upon to provide advice within their area of expertise.
Riparian area means the area adjacent to a stream that may be subject to
temporary, frequent or seasonal inundation, and supports plant species that are
typical of an area of inundated or saturated soil conditions, and that are distinct
from plant species on freely drained adjacent upland sites because of the
presence of water.
Top-of-bank means:
i)
the point closest to the boundary of the active floodplain of a
watercourse where a break in the slope of the land occurs such that the
grade beyond the break is flatter than 3:1 at any point for a minimum
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distance of 15 metres measured perpendicularly from the break, as
confirmed by a qualified professional; and
ii)
for a floodplain area not contained in a ravine, the edge of the active
floodplain where the slope of the land beyond the edge is flatter than 3:1
at any point for a minimum distance of 15 metres measured
perpendicularly from the edge, as confirmed by a qualified professional.
Watercourse protection area means an area adjacent to a stream that links
aquatic to terrestrial ecosystems and includes both the riparian area vegetation
and the adjacent upland vegetation that exerts an influence on the stream.
Watercourse means a body of water or a source of water supply, whether
usually containing water or not, a pond, lake, river, creek, brook, ditch, spring or
wetland that is integral to a watercourse and provides fish habitat and includes
surface drainage works that are inhabited by or provide habitat for fish.
Wetland means land that is inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support and under normal conditions that
supports vegetation typically adapted for life in saturated soil conditions,
including swamps, marshes, bogs, fens, estuaries and similar areas that are not
part of the active floodplain of a stream.
3)
Information designation:
a)
All applications shall include a report prepared by a qualified professional
that contains the following additional information:
i)
Topographic contours at intervals of one metre, as established by
a BC Land Surveyor (BCLS);
ii)
Description of all permanent and non-permanent watercourses
including the location of the natural boundary, top-of-bank and
crest of dike, as applicable;
iii)
Inventory, date stamped photographs and description of
significant natural biophysical features on the site including:
- linkage to other habitats within the same watershed;
- soil and terrain conditions;
- any potential hazard of land slippage, bank erosion, flooding,
or drainage blockage;
- significant trees showing diameter at breast height, species,
and drip-line, including trees on adjacent properties with root
zones or canopies on the subject property;
- other major vegetation;
- wildlife species and potential species-at-risk, including their
habitats; and
- nests of hawks, owls, other raptors, herons and any species
protected by the Wildlife Act.
iv)
A detailed project description including:
- dimensions, location, and footprint of existing and proposed
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buildings and structures;
- excavation areas, depth of excavation, and fill requirements
and locations;
- location and depth of underground foundations including
parking areas;
- dimensions, location, and footprint of existing and proposed
impervious surfaces, such as driveways, walks, and patios;
- building setbacks as defined by the Zoning Bylaw;
- proposed building site coverage, floor area, height, number of
storeys, number of units, and parking requirements;
- site grading plans including existing and proposed grades at
corners of buildings, driveways, and other structures, and cut
and fill areas that may affect the watercourse protection area;
- proposed drainage, collection, retention, and discharge works,
as well as calculations showing the effect of these works on
pre-development runoff rates in receiving waters;
- vegetation and land areas of the watercourse protection area
proposed to be disturbed.
v)
An environmental assessment of the proposed watercourse
protection area which shall include:
- location of the watercourse protection area and the
identification of existing and potential areas of vegetation;
- Any proposed variation in the location of the boundaries of
the watercourse protection area;
- the rationale and criteria for any variation in the location of
the watercourse protection area;
- an assessment of the effects of the proposed development on
the natural environment, ecosystems, and biodiversity of the
watercourse protection area, including fish and wildlife
habitat and the effects of proposed development on
vegetation - watercourse interactions and groundwater flows;
- proposed mitigation measures to protect, restore, and
enhance the watercourse protection area and to reduce the
impacts of development on this area; and,
- proposed construction and erosion control.
vi)
An environmental protection plan that defines guidelines to
prevent or minimize disturbance to fish and wildlife and
- prescribes guidelines according to best management practices
that minimize disturbance and impacts on fish and wildlife,
and their habitats;
- addresses in stream work, disposal of storm water runoff from
the site, erosion and sediment control, silt fences, fish salvage
activities, wildlife and wildlife habitat protection, construction
timing,
vegetation
protection,
spill
response,
and
environmental monitoring and reporting;
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- defines schedules, in consultation with environmental
agencies, for in stream and near-stream work for such time
windows and for watercourse conditions that are suitable for
watercourse work without harming fish; and
- defines how monitoring and compliance with guidelines will
be assured prior, during, and after land clearing, site
preparation, and construction.
vii)
A watercourse protection area management plan including the
following:
- a survey plan prepared by a BCLS identifying the watercourse
protection area and its tenure;
- A scale drawing of the site, location and type of riparian
planting, and plant list including species and plant size and
commitments for how they will be maintained, including
provisions for replacing unhealthy, dying or dead plants;
- A description of how human intrusions into the watercourse
protection area will be controlled, including the design of
fencing or landscape barriers;
- a description of how the applicant will comply with schedules
and deadlines of the OCP; and
- enforceable
provisions
for
monitoring
and
ensuring
compliance with the Plan by the applicant and future owners
of the lot or lots.
4)
Notwithstanding Section 3, application and information requirements for a
watercourse development permit in an agricultural or small-scale residential
zone may be amended or waived by the Director of Development Services.
11.
Licensed Establishments Procedures
1)
This Division applies to all liquor license applications and cannabis licence
applications referred to Council under the Liquor Control and Licensing Act and
Regulation and Cannabis Control and Licensing Act and Regulation which do not
require a rezoning under the Zoning Bylaw.
2)
An application for a Committee resolution regarding a liquor or cannabis licence
shall be made to the Director of Development Services and shall include such
information as is required by the Director to evaluate the application.
3)
Where an application has been made in conformance with this bylaw:
a)
the Director of Development Services shall have a report prepared
advising the Committee of the merits of the application;
b)
the report from the Director of Development Services shall be placed on
an agenda of a meeting of the Committee;
c)
the applicant shall be provided with a copy of the report and shall be
given notice of the time and place of the Committee meeting.
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4)
Upon receipt of the report of the Director of Development Services made
pursuant to the provisions of this Division, the Committee may:
a)
adopt a resolution on the application in accordance with the Liquor
Control and Licensing Act and Regulation and Cannabis Control and
Licensing Act and Regulation; or
b)
instruct that further information be obtained; or
c)
request that a Public Hearing be held by the Council.
5)
If the Committee requests that a Public Hearing be held, the Director of
Development Services and the Corporate Officer shall take the necessary
administrative action to process, advertise, and notify residents and property
owners in the same manner that would be done if the application were an
application for an amendment to the Zoning Bylaw and the requirements of
Section 466 of the Local Government Act shall be deemed to apply with the
exception that the distance for notification of adjacent properties shall be 240
metres (788 feet).
6)
The Public Hearing shall be conducted in the same manner as a Public Hearing on
a Zoning Bylaw amendment.
7)
Following a Public Hearing, the Council shall:
a)
adopt a resolution on the application in accordance with the Liquor
Control and Licensing Act and Regulation and Cannabis Control and
Licensing Act and Regulation; or
b)
instruct that further information be obtained; or
c)
advise the applicant that, unless a referendum is completed and the
results considered by Council within 60 days, Council deems that the
application is not supported.
8)
Where the Council proceeds under Section 7 c) the applicant shall have seven
days from notice of Council's decision to confirm whether the applicant wishes
to proceed with a referendum and, if so, to acknowledge responsibility for the
cost of the referendum.
9)
The following provisions shall apply to every referendum:
a)
The referendum shall be carried out by way of a door-to-door survey of
the owners and occupiers of property within a distance of 240 metres
(788 feet) from any part of a parcel that is subject to the application;
b)
The referendum shall be conducted by an independent contractor
engaged by the City and the applicant shall have no contact with the
contractor;
c)
The total cost of holding the referendum shall be borne by the applicant;
d)
Prior to engagement of the contractor, the applicant shall pay to the City
the estimated cost of the referendum or provide security for the
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estimated cost in a form and amount satisfactory to the Director of
Development Services; and
e)
The contractor shall make all reasonable efforts to contact the owners
and occupiers of property but a failure to contact all owners and
occupiers shall not invalidate the referendum.
10)
When, a referendum is held or further information is required by Council, the
results of the referendum and any information obtained shall be conveyed to
Council by the Director of Development Services and the Council shall adopt a
resolution on the application in accordance with the Liquor Control and Licensing
Act and Regulation.
12.
Strata Title Application Procedures
1)
Where an application for a strata title conversion has been submitted, the
Director of Development Services shall:
i)
refuse the application until specified terms and condition are met;
ii)
forward the application to the Committee for a decision; or
iii)
approve the application, which may include specified terms and
conditions.
2)
Where an application under this Division has not been completed within 12
months from the date of approval of the strata title application, the Corporate
Officer shall not sign the required strata plans unless the Director of
Development Services extends the time for completion for a period of up to one
year.
3)
More than one extension may be given under this Division providing, however,
that an application not completed at the end of the third anniversary of its
original expiry date or the last business day prior to this anniversary, shall be
closed permanently. A similar application can be made for the same property on
the day following the closure of the application.
13.
Agricultural Land Commission Act Application Procedures
1)
Where an application other than a subdivision application pursuant to the
provisions of the Agricultural Land Commission Act has been made in
conformance with this Bylaw:
i)
the Director of Development Services shall have a report prepared
advising the Committee or Council of the merits of the application; and
ii)
the Corporate Officer shall have the report from the Committee or the
Director of Development Services placed on an agenda of a meeting of
the Committee or Council.
2)
Council may:
i)
not authorize the application to proceed to the Agricultural Land
Commission;
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ii)
provide an opportunity for public input on the application prior to
determining if the application will proceed to the Agricultural Land
Commission; or
iii)
authorize the application to proceed to the Agricultural Land
Commission.
3)
A decision on an application shall be made by the Committee or Council within
two years from the date of application, unless the time for consideration of the
application is extended by a written approval of the Director of Development
Services.
14.
Security
1)
Security for landscaping shall be in the form of an irrevocable Letter of Credit or
cash from a financial institution acceptable to the Financial Officer.
2)
The security amount shall be:
a)
For a development permit other than in a small-scale residential zone,
110% of the value of the landscaping work as determined by a registered
British Columbia Landscape Architect;
b)
For a development permit in a small-scale residential zone, $5000.00, or
$2500.00 for a development permit for an accessory dwelling unit only;
c)
For a watercourse development permit in a zone other than an
agricultural, or small-scale residential zone, 110% of the cost to ensure
compliance with the watercourse protection area management plan
including the value of landscaping work to restore areas intended to be
kept in a natural state; and
d)
For a watercourse development permit in an agricultural or small-scale
residential zone, 110% of the cost to ensure compliance with the
landscape requirements of the permit.
3)
Notwithstanding Section 2 of this Division, where a phased strata development is
the subject of the development permit, the landscaping security may be set at
110% of the value of Phase 1 landscaping or $35,000 whichever is greater.
4)
Where landscaping security is provided phase by phase, the security for the
completed phase may be extended to the next phase, but at no time shall the
security represent less than 110% of the phase to be constructed or $35,000
whichever is greater.
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15.
Repeal
The "Development Procedures and Fees Bylaw, 2008, No. 3632", including all amendments is
hereby repealed.
Read a first time by the Municipal Council this 15th day of October, 2013.
Read a second time by the Municipal Council this 15th day of October, 2013.
Read a third time by the Municipal Council this 15th day of October, 2013.
Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam
On this 28th day of October, 2013.
GREG MOORE
SUSAN RAUH
Mayor
Corporate Officer
______________________________________________________________________________
RECORD OF AMENDMENTS
Amendment Bylaw
Section
Date
3998
1, 3, 5, 7, 9, 11, 14
2017 04 11
4100
Cannabis licensing
2019 02 05
4214
Section 5
2021 02 09
4317
Section 6
2023 05 16
4376
1, 3, 5
2024 06 25