Land Development Applications Procedures Bylaw No. 2690 (Consolidated 2023) — full text

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Land Development Applications Procedures Bylaw No. 2690, 2019 (With amendments to February 6, 2023) Consolidated for convenience only: All persons making use of this consolidation are advised that the amendments have been consolidated for convenience only, and that the original bylaws should be consulted for all purposes of interpretation and application of the bylaw. Includes Amendments: Bylaw No. 2803 Adopted February 6, 2023 Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 2 of 29 THE CORPORATION OF THE CITY OF ROSSLAND BYLAW NO. 2690 BEING A BYLAW TO ESTABLISH PROCEDURES FOR THE PROCESSING OF LAND DEVELOPMENT APPLICATIONS INCLUDING AMENDMENTS OF AN OFFICIAL COMMUNITY PLAN BYLAW, ZONING BYLAW, ROAD CLOSURES, ENCROACHMENTS, LIQUOR LICENSING, SUBDIVISION OR TO ISSUE A PERMIT UNDER PART 14 OF THE LOCAL GOVERNMENT ACT. WHEREAS Council has adopted the Official Community Plan and Zoning Bylaw; AND WHEREAS under the Official Community Plan the City has designated areas within which development permits are required and areas where temporary uses may be allowed; AND WHEREAS Council must by bylaw define procedures under which an owner of land may apply for an amendment to the Official Community Plan, or to a bylaw or for the issue of a permit under Part 14 of the Local Government Act; AND WHEREAS Council wishes to define procedures under which an owner of land may apply to subdivide land, apply for liquor license and encroachments; AND WHEREAS Council may, under Section 502 of the Local Government Act, require that the applicant for a permit provides security in an amount stated in the permit by an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government; NOW THEREFORE the Council of the City of Rossland in open meeting assembled enacts as follows: 1. CITATION This bylaw may be cited for all purposes as Land Development Applications Procedures Bylaw No. 2690, 2019. 2. DEFINITIONS In this Bylaw: "Amendment Application" means an application to amend an Official Community Plan or a Zoning Bylaw. "Applicant" means a person authorized to apply for development under this Bylaw. "City" means the City of Rossland, or the area contained within the boundaries of the said City. "Corporate Officer" means the City employee(s) appointed by Council pursuant to the Community Charter. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 3 of 29 "Council" means the Council of the City of Rossland. "Development Permit" means a permit authorized by Section 488 of the Local Government Act. "Development Variance Permit" means a permit authorized by Section 498 of the Local Government Act. "DRP" means the City's Design Review Panel; "Fees and Charges Bylaw" means the City's current Fees and Charges Bylaw and/or any adopted amendments thereof. "Manager of Planning and means the Manager of Planning and Development Services Development Services" of the City of Rossland, or their designate, in their absence. "Official Community Plan" or "OCP" means the City's current Official Community Plan and/or any adopted amendments thereof. "Owner" means the registered Owner(s) of the property as demonstrated on the Land Titles Certificate. "Permit Application" means an application for a Development Permit, Development Variance Permit or Temporary Use Permit. "Strata Conversion" means a strata conversion pursuant to the Strata Property Act; "Temporary Use Permit" means a permit authorized by Section 492 of the Local Government Act. "Qualified Professional" means a professional engineer, architect, planner, biologist or other professional with experience relevant to the applicable matter registered in good standing with the appropriate association for their profession. "Zoning Bylaw" means City's current Zoning Bylaw and/or any adopted amendments thereof. 3. SCOPE This bylaw shall apply to: a) amendments to: i. the Official Community Plan ii. the Zoning Bylaw b) issuance of: i. development variance permits ii. temporary use permits iii. development permits Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 4 of 29 c) applications for: i. strata conversions ii. subdivisions iii. Encroachment/License of Occupation iv. Road Closure; or v. Liquor Licensing 4. GENERAL PROVISIONS a) Application and Authorization i. Applications under this Bylaw shall be made by the Owner(s) of the subject property, or by a person authorized by all property Owner(s). ii. Applications under this Bylaw shall be made on a form developed by the City for this purpose. iii. Applications under this bylaw must be accompanied by the required information identified on the prescribed forms. b) Application Fees i. At the time of application, the Applicant shall pay the City an application fee in the amount set out in the City's Fees and Charges Bylaw or its amended. ii. The Manager of Planning and Development Services may authorize refunds in accordance with the City's Fees and Charges Bylaw for applications that are withdrawn. c) Application Requirements and Processing Procedure i. An application to amend the Official Community Plan or Zoning Bylaw will be processed substantially as outlined in Schedule A of this Bylaw. ii. An application for a Development Permit will be processed substantially as outlined in Schedule B or C of this Bylaw. iii. An application for a Development Variance Permit will be processed substantially as outlined in Schedule D of this Bylaw. iv. An application for a Temporary Use Permit will be processed substantially as outlined in Schedule E of this Bylaw. v. An application for a Liquor License will be processed substantially as outlined in Schedule F of this Bylaw vi. An application for a Strata Conversion will be processed substantially as outlined in Schedule G of this Bylaw. vii. An application for a Subdivision will be processed substantially as outlined in Schedule H of this Bylaw. viii. An application for an Encroachment/License of Occupation will be processed following the applicable Encroachment/License of Occupation Policy. ix. An application for a Road Closure will be processed as follows. Upon receipt of an application for road closure, Council shall determine whether or not it is surplus to long- term City needs. If the road is surplus to City needs then closure and disposal shall follow the requirements of the Community Charter and any applicable City land transaction policy. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 5 of 29 d) Referral Process i. Applications under this Bylaw shall be circulated to agencies, organizations, or levels of government for their review and comment as appropriate and required. 5. NOTICE OF APPLICATION SIGN As a part of an Amendment Application, the Applicant, at their own expense, shall erect as notice of application, a sign on each parcel of land which is the subject of the application, provided that: a) The Application Sign(s) shall: i. comply with the requirements outlined in Schedule I; ii. be erected within five (5) days of written verification by staff of a complete Amendment Application submission or Temporary Use Permit application submission; iii. be kept in place continuously and in good repair until the close of the Public Hearing or adoption of the amending bylaw; iv. be removed within five (5) working days following the close of the Public Hearing, the consideration of an application by Council, or the abandonment of an application; b) The Manager of Planning and Development Services shall be notified in writing accompanied by a photograph of the sign(s) posted on the parcel; c) Failure to post and maintain sign(s) in accordance with this Bylaw may result in the postponement of any Council or Committee Meetings relative to the application. 6. PUBLIC NOTIFICATION For the purposes of the notice requirements under the Local Government Act and other public notifications, the Manager of Development Services shall mail individual notices to all Owners and tenants of the subject property for which an application is being made, and all Owners and tenants of all other properties within a distance of 50 meters and 100 meters in Rural Residential Zones, measured from the boundaries of any subject property to which the application pertains, advising of: a) a scheduled Public Hearing for an Amendment Application; b) a scheduled Council meeting for consideration of a Development Variance Permit; or c) a scheduled Council meeting for consideration of a Temporary Use Permit. d) a scheduled Council meeting for consideration of a liquor/cannabis license application. 7. PUBLIC INFORMATION MEETING An Applicant under this Bylaw may be required to hold a public information meeting if the Manager of Development Services considers the proposal to be of a significant scale or nature in accordance with the following: a) Public information meetings shall be arranged, conducted and financed by the Applicant; b) Applicants shall submit a written summary of the meeting to the Manager of Planning and Development Services no later than ten (10) days following such meeting, detailing the following: i. date, location, and time of the meeting; ii. number of attendees; iii. how the meeting was advertised, and adjacent property Owners notified; iv. information provided at the meeting; and v. a summary of the questions raised and the major discussion points. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 6 of 29 8. DELEGATION OF AUTHORITY (Bylaw No. 2803) Pursuant to Section 154(1)(b) of the Community Charter, Council delegates to the Manager of Planning and Development Services the duties and powers of Council as follows: a) Form and Content of Applications Forms The Manager of Planning and Development Services may designate the form and content of application forms and in so doing may prescribe different forms for different categories of applications based on the nature or complexity of the application. b) Development Approval Information The Manager of Planning and Development Services may exercise the powers of Council under Section 484 of the Local Government Act to require development approval information in respect of an application made under this bylaw to be provided by the applicant, at the applicant's expense. c) Development Permit i. The Manager of Planning and Development Services may exercise the powers of Council under section 490 of the Local Government Act to approve and issue all Development Permits in respect of the following Development Permit Areas: 1. Steep Slope and Hazardous Lands Development Permit Area. 2. Wildfire Interface Development Permit Area. ii. The Manager of Planning and Development Services may exercise the powers of Council under section 490 of the Local Government Act to approve Minor Form and Character Development Permits for projects with less than 50m2 of Façade Area. iii. Where a Development Permit also includes any variance to a municipal bylaw, the authority to consider an application for, and to issue or refuse a Development Permit remains with Council. iv. The Manager of Planning and Development Services may exercise the powers of Council under section 490 of the Local Government Act to approve amendments to Development Permits that are limited to minor design modifications that do not alter the overall form and character of development and that do not reduce minimum setbacks or increase maximum height or density. v. The Manager of Planning and Development Services may exercise the powers of Council under section 490 of the Local Government Act to approve renewal and extension of Development Permits that have been authorized for issuance or have been issued provided: 1. The term of issuance of the Permit does not exceed 2 years from the original date of issuance of the Development Permit, and 2. In all cases where extension of the authorization for issuance or the issuance of a Development Permit is to be considered, there are no changes to the proposed development when compared to the original authorization. d) Performance Security The Manager of Planning and Development Services may exercise the powers of Council under Section 502 of the Local Government Act to require security as a condition of the issue of a Development Permit or Development Variance Permit in accordance with Section 11 of this bylaw. e) Minimum Frontage Council delegates to the approving officer the power to exempt a parcel from the minimum frontage required under section 479 of the Local Government Act. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 7 of 29 9. EXERCISE OF DELEGATED AUTHORITY (Bylaw No. 2803) a) Where an officer or employee holding a position with delegated authority pursuant to this bylaw decides not to exercise their delegated authority under this bylaw, in their sole discretion and for reasons of complexity, visibility or any other circumstance, the matter will be considered by Council. b) Unless a power, duty or function of Council has been expressly delegated by this bylaw or another City bylaw, all the powers, duties and functions of Council remain with Council. c) A delegation of power, duty or function under this bylaw includes a delegation to a person who is from time to time the deputy of the delegate or is appointed by Council to act in the capacity of the delegate in the delegate's absence. d) A person to whom a power, duty or function has been delegated under this bylaw has no authority to further delegate to another person any power, duty or function that has been delegated by this bylaw. e) In exercising the authority delegated by this bylaw, the person shall do so in accordance with the relevant policies, guidelines and regulations of the Official Community Plan, Zoning Bylaw and/or other relevant legislation. 10. RECONSIDERATION OF A STAFF DECISION Within fourteen (14) days of an Applicant being notified in writing of the delegated authority's decision under this bylaw, the Applicant may, at no charge, request Council to reconsider the decision, provided that: a) The Applicant must give written notice to the Corporate Officer setting out the grounds on which the Applicant considers the decision to be inappropriate. b) The Corporate Officer will notify the Manager of Planning and Development Services of the request(s) for reconsideration, who will prepare a report to Council outlining the rationale for the decision. c) At a Regular Open Council Meeting, Council will review the information provided by the Applicant and the report, and either confirm the decision made by the delegated authority or substitute its own decision which may include specific Development Permit conditions. 11. DEVELOPMENT APPROVAL INFORMATION a) Pursuant to the Local Government Act, Council, or its delegated authority may require the Applicant to provide, at their own expense, reports and impact studies prepared by a Qualified Professional including but not limited to the following: i. Legal land Survey; ii. Storm water Management Plan; iii. Drainage Plan; iv. Fire Interface Assessment; v. Geotechnical Report; vi. Tree Assessment Study vii. Traffic Study; viii. Archeological Study; ix. Site Servicing Plan; x. Riparian Area Assessment; xi. Environmental Impact Assessment; and xii. Other reports, studies, or assessments necessary to evaluate the application. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 8 of 29 b) If it is determined by the Manager of Planning and Development Services that a report containing development approval information is incomplete or deficient, the Applicant will be notified in writing of the nature of deficiencies and the timeframe to resubmit the corrected report. 12. REPORT Applications under this Bylaw shall be processed by the Manager of Planning and Development Services who will report on the application to Council or the delegated authority, for consideration of the application. 13. PERMIT SECURITY a) Pursuant the Local Government Act, security may be required as a condition of permit issuance for the following: i. Landscaping ("Landscape Security"); ii. 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"); iii. To guarantee the performance of the terms of a Temporary Use Permit (" Performance Security"). b) Security shall be in the form of cash or an irrevocable letter of credit, effective for the term of the permit. Such irrevocable letter of credit shall be clean and unconditional, automatically renewing, and redeemable at a Canadian chartered bank or credit union. c) Security shall be calculated by using an estimate or quote by a Qualified Professional who considers the cost of works, including but not limited to: inspections, monitoring, maintenance, labour and materials. d) The amount of security will be calculated per the following: i. In the case of a Landscape Security, the amount of security will be 125% of the estimate or quote prepared by the Qualified Professional. ii. In the case of a Remediation Security, the amount of security will be 125% of the estimate or quote prepared by the Qualified Professional; 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 the nature of the permit condition and the total cost to the City for remediating the unsafe condition or damage to the natural environment. iii. In the case of a Performance Security, the amount of security will be 125% of the estimate or quote prepared by the Qualified Professional. e) When a Development Permit is cancelled by the Applicant and no on-site work related to the security deposit has been undertaken; the security deposit will be returned to the Applicant in full within 14 days. f) Securities in full or in part shall be released when the City: i. receives a Completion Report signed and sealed by a Qualified Professional which includes a statement from the professional that the completed works comply with the approved plan(s); ii. has completed a site inspection and forwarded its results to the Applicant determining the amount of Security to be returned based upon the level of compliance with the approved plan(s) and deficiencies identified within the Completion Report and amounts to be retained until deficiencies have been addressed to the satisfaction of the Manager of Development Services. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 9 of 29 14. APPLICATION CONSIDERATION a) For Amendment Applications, Council may, upon receipt of the Report under Section 9 of this Bylaw: i. proceed with the application and where required, authorize a Public Hearing to be scheduled for Council to hear public comments; ii. defer the application with or without instructions to staff; or iii. refuse the application. b) For Permit Applications, Council or the designated authority, upon consideration of the report under Section 9 of this Bylaw: i. authorize issuance of the permit; ii. authorize issuance of the permit as amended by Council in its resolution; iii. defer the application with or without instructions to staff; or iv. refuse to authorize issuance of the permit. 15. NOTIFICATION OF REFUSAL Where an application has been refused by the City or Development Services, staff shall notify the applicant in writing within fourteen (14) days immediately following the date of refusal. 16. APPLICATION LAPSE a) Any application pursuant to this Bylaw is considered abandoned and will be considered lapsed and closed if no communication or submission of outstanding application materials by the Applicant has occurred on file for a period of six (6) months from the date of the last communication or submission from the Applicant. i. In the case of an Amendment Application, the Corporate Officer will place on the agenda of the next meeting of Council a motion to rescind all readings of the bylaw associated with that Amendment Application. b) Upon written request by an Applicant prior to the lapse of the application, Council or the designated authority may extend the deadline for a period of six (6) months from the date of request, by passing a resolution to that affect. c) In order for an application that has lapsed to proceed, a new application and fee will be required. 17. RE-APPLICATION Where an application pursuant to this Bylaw has been considered and refused by Council or the delegated authority, no similar application in respect of the same parcel of land may be made within six (6) months of the date it was denied. 18. CHANGE OF OWNERSHIP If there is a change of Ownership of a parcel(s) of land that is the subject of an application under this Bylaw, the Manager of Planning and Development Services 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. Regardless of any change in ownership, Section 16 above still applies. 19. REPEAL The following bylaws are hereby repealed: - City of Rossland Management of Development Amendment Process Bylaw No. 1595; - City of Rossland Public Notification Procedure Bylaw No. 2126 (2001); and - City of Rossland Public Notification Procedure Amendment Bylaw No. 2386 (1), 2007. Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 10 of 29 20. SEVERABILITY If any portion of this bylaw is for any reason held to be invalid by a Court of competent jurisdiction, the invalid portion shall be severed and the portion that is invalid shall not affect the validity of the remainder of this bylaw. 21. EFFECTIVE DATE This Bylaw shall come into force and effect upon its adoption. READ A FIRST TIME this 21st day of January 2019 READ A SECOND TIME this 21st day of January 2019 READ A THIRD TIME this 21st day of January 2019 FINALLY PASSED AND ADOPTED this 4th day of February 2019 ___________________________ ____________________________ Mayor Corporate Officer SCHEDULE A OCP AND ZONING AMENDMENTS PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 11 of 29 1. Upon receipt of an Amendment Application submitted in accordance with this bylaw, Staff will open a file and issue a fee receipt to the Applicant. 2. Staff will review the application to determine whether it is complete or incomplete. If incomplete, Staff will request the required information from the Applicant within a timely manner. Once complete, Staff will write a letter to the Applicant acknowledging a complete application. 3. The Applicant shall erect a notice of application sign on the subject property(s) in accordance with this Bylaw. 4. Staff will review and evaluate the application for compliance with the Official Community Plan, Zoning Bylaw, and all applicable bylaws, plans, and policies approved by Council. Staff may conduct a site visit as part of the evaluation process. 5. Staff will refer the application to all applicable departments, committee's, government ministries, agencies and organizations. 6. Staff may require the Applicant to hold a public information meeting in accordance with the requirements of Section 7: Public Information Meeting of this Bylaw. 7. Staff will prepare a Requirement Letter incorporating feedback received from the referral process identifying preliminary development conditions and requirements. The Applicant may be required to amend/supplement the application or submit further information based on the Requirement Letter. 8. Staff will prepare a technical report, incorporating feedback from the referral process for Council's consideration. 9. If the Council decides to proceed with the Amendment Application, an amending bylaw may be given up to two readings. Council may alternatively decide to defer or refuse the application. 10. Prior to the amending bylaw receiving three readings, it will be advertised as per the Local Government Act. If required, a Public Hearing will be held for the purpose of allowing the public to make representations on the Amendment Application. Notice of a Public Hearing will be mailed to adjacent property Owners as per the requirements of the Local Government Act and Section 6: Public Notification of this bylaw. 11. The minutes of the Public Hearing will be presented to Council prior to third reading of the amendment bylaw. 12. Following receipt of the Public Hearing minutes Council will consider the amendment bylaw and may proceed with third reading (including the imposition of conditions), refer, table or deny the application. Upon third reading, an amendment bylaw may need to be sent to the relevant provincial minister(s) for signature before proceeding to adoption. 13. Once the Applicant has adequately addressed all of the conditions identified at third reading (as necessary), Council will consider the adoption of the bylaw(s). 14. Once the minutes of the Council Meeting have been prepared, Staff will mail notice of a decision to the Applicant and BC Assessment. 15. Staff will update databases and file all information pertaining to the application. SCHEDULE B DEVELOPMENT PERMIT (Major) PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 12 of 29 1. Upon receipt of an application submitted in accordance with this bylaw, Staff will open a file and issue a fee receipt to the Applicant. 2. Staff will review the application to determine whether it is complete or incomplete. If incomplete, Staff will request the required information from the Applicant within a timely manner. Once complete, Staff will write a letter to the Applicant acknowledging a complete application. 3. Staff will review and evaluate the application for compliance with the City's Official Community Plan, the Zoning Bylaw, and all applicable bylaws, plans, and policies approved by Council. Staff may conduct a site visit as part of the evaluation process. 4. Staff will refer the application to all applicable departments, committees, government ministries, agencies and organizations. 5. Staff will prepare a Requirement Letter incorporating feedback received from the referral process identifying preliminary development conditions and requirements. The Applicant may be required to amend/ supplement the application or submit further information based on the Requirement Letter. 6. Staff will prepare a technical report and draft permit for consideration by Council or the delegated authority. - If the Development Permit Application includes a request for a development variance(s), the request may be considered by Council concurrently with the Development Permit Application pursuant to requirements of this bylaw and the Local Government Act. 7. Council or the delegated authority will consider the technical report and at their discretion may authorize the issuance of the Development Permit, authorize the issuance of the Development Permit as amended; refuse to authorize issuance of the Development Permit; or defer the application. 8. Once Council or the delegated authority has considered the application for approval, Staff will mail notice of the decision to the Applicant. 9. Where a Development Permit is authorized, Staff will register a Notice of Permit against the title of the property(s) at the Land Titles Office. 10. Staff will update databases and file all information pertaining to the application. 11. Staff will administer any further conditions of the Development Permit as specified within each individual permit as required. Staff may conduct inspections, on an as-required basis, to ensure that the terms of the permit are being satisfied. SCHEDULE C DEVELOPMENT PERMIT (Minor and Signage) PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 13 of 29 1. Upon receipt of an application submitted in accordance with this bylaw, Staff will open a file and issue a fee receipt to the Applicant. 2. Staff will review the application to determine whether it is complete or incomplete. If incomplete, Staff will request the required information from the Applicant within a timely manner. Once complete, Staff will write a letter to the Applicant acknowledging a complete application. 3. Staff will review and evaluate the application for compliance with the City's Official Community Plan, the Zoning Bylaw, and all applicable bylaws, plans, and policies approved by Council. Staff may conduct a site visit as part of the evaluation process. 4. Staff will refer the application to a design review panel for recommendation to the Manager of Development Services. If the application is for a building on the Heritage Register Staff will also refer the application to the Heritage Commission. Staff may also refer the application to relevant City Staff, and/or Ministry of Transportation as required for recommendation. 5. Staff will prepare a Requirement Letter incorporating feedback received from the referral process identifying preliminary development conditions and requirements. The Applicant may be required to amend/ supplement the application or submit further information based on the Requirement Letter. 6. Staff will prepare a report for consideration by Council or the delegated authority with the accompanying minutes from the relevant committee meeting. 7. Council or the delegated authority will consider the report and at their discretion may authorize the issuance of the Development Permit, authorize the issuance of the Development Permit as amended; refuse to authorize issuance of the Development Permit; or defer the application. 8. Once Council or the delegated authority has considered the application for approval, Staff will mail notice of the decision to the Applicant. 9. Once any and all relevant conditions have been satisfied (i.e. a letter of credit has been submitted for security if applicable) notification is provided to the Building Department and relevant agencies. A building permit for the proposed development, if required, may be considered for issuance by the Building Department based on the provisions of the Development Permit. 10. Staff shall administer any further conditions of the Development Permit as specified within each individual permit as required. Staff may conduct inspections, on an as- required basis, to ensure that the terms of the permit are being satisfied. 11. Staff will update databases and file all information pertaining to the application. SCHEDULE D DEVELOPMENT VARIANCE PERMIT PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 14 of 29 1. Upon receipt of an application submitted in accordance with this bylaw, Staff will open a file and issue a fee receipt to the Applicant. 2. Staff will review the application to determine whether it is complete or incomplete. If incomplete, Staff will request the required information from the Applicant within a timely manner. Once complete, Staff will write a letter to the Applicant acknowledging a complete application. 3. Staff will review and evaluate the application for compliance with the City's Official Community Plan, the Zoning Bylaw, and all applicable bylaws, plans, and policies approved by Council. Staff may conduct a site visit as part of the evaluation process. 4. Staff will refer the application to all applicable departments, committees, government ministries, agencies and organizations. 5. Staff will prepare a Requirement Letter incorporating feedback received from the referral process identifying preliminary development conditions and requirements. The Applicant may be required to amend/supplement the application or submit further information based on the Requirement Letter. 6. No less than ten (10) days prior to the Council's consideration of an application, Staff will mail notices to adjacent property Owners as per the requirements of the Local Government Act and Section 6: Public Notification of this bylaw. 7. Staff will prepare a technical report, incorporating feedback from the referral process and the Public Notification process for consideration by Council. 8. Council will consider the technical report and at their discretion may authorize the issuance of the Development Variance Permit, authorize the issuance of the Development Variance Permit as amended; refuse to authorize issuance of the Development Variance Permit; or defer the application. 9. Once the minutes of the Council Meeting at which the application was considered have been prepared, Staff will mail notice of the decision to the Applicant. 10. Where a Development Variance Permit is authorized, Staff will register a Notice of Permit against the title of the property(s) at the Land Titles Office. 11. Staff will update databases and file all information pertaining to the application. 12. Staff will administer any further conditions of the Development Variance Permit as specified within each individual permit as required. Staff may conduct inspections, on an as-required basis, to ensure that the terms of the permit are being satisfied. SCHEDULE E TEMPORARY USE PERMIT PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 15 of 29 1. Upon receipt of an application submitted in accordance with this bylaw, Staff will open a file and issue a fee receipt to the Applicant. 2. Staff will review the application to determine whether it is complete or incomplete. If incomplete, Staff will request the required information from the Applicant within a timely manner. Once complete, Staff will write a letter to the Applicant acknowledging a complete application. 3. Staff will review and evaluate the application for compliance with the Official Community Plan, the Zoning Bylaw, and all applicable bylaws, plans, and policies approved by Council. Staff may conduct a site visit as part of the evaluation process. 4. Staff will refer the application to all applicable departments, committees, government ministries, agencies and organizations. 5. Staff will prepare a Requirement Letter incorporating feedback received from the referral process identifying preliminary development conditions and requirements. The Applicant may be required to amend/supplement the application or submit further information based on the Requirement Letter. 6. No less than ten (10) days prior to the Council's consideration of an application, adjacent property Owners of the subject property will be notified by mail advising of the application as per the Local Government Act and Section 6: Public Notification of this bylaw. 7. Staff will prepare a technical report and draft permit for Council's consideration. 8. The recommendation to Council may identify as a condition of the issuance of a permit, that the Applicant for the permit provide a security by an irrevocable letter of credit or other means in a form satisfactory to Council in an amount stated in the permit to guarantee the performance of the terms of the permit; a covenant; or other legal documents. 9. Council or the delegated authority will consider the technical report and at their discretion may authorize the issuance of the Temporary Use Permit, authorize the issuance of the Temporary Use Permit as amended; refuse to authorize issuance of the Temporary Use Permit; or defer the application. 10. Once the minutes of the Council Meeting at which the application was considered have been prepared, Staff will mail notice of the decision to the Applicant. 11. Staff will update databases and file all information pertaining to the application. 12. Staff will administer any further conditions of the Temporary Use Permit as specified within each individual permit as required. Staff may conduct inspections, on an as-required basis, to ensure that the terms of the permit are being satisfied SCHEDULE F LIQUOR/CANNABIS LICENSING PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 16 of 29 1. Upon receipt of an application accompanied by the required fees and attachments, Development Services staff will open a file and issue a receipt to the applicant. 2. Staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant. If the applicant does not provide the required information within a timeframe identified at the discretion of the staff, the application and fee will be returned to the applicant. 3. The City will advertise the proposal in one edition of a local newspaper to solicit comments on the application from the public, such comments to be submitted in writing to the Manager of Development Services within fourteen (14) days of the publication of the notice. In addition, adjacent property owners of the subject property will be notified by mail advising of the application as per Section 6: Public Notification of this bylaw. 4. Council may, at its sole discretion, require further public consultation, which will be held at the applicant's expense. 5. In reviewing an application for a new liquor/cannabis license, Council will take into consideration the following impacts: - Proximity to other social, recreational facilities or public buildings; - Occupant capacity and hours of liquor service; - Number and market focus of other liquor primary licensed establishments within a reasonable distance of the proposed location; - Traffic, noise and parking; - Population density of the area. - The impact on the community if the application is approved. - Views of residents 6. Council will review the application, comments and City Staff Reports. A recommendation will be made to the Provincial Liquor Control and Licensing Branch by passing a resolution, to either approve or deny the application. The Council resolution will include the following information: - The reason for the recommendation; - Comments on any conditions that Council feels should apply; and - Summary description of the public comments received. 7. Applications for minor or temporary changes in liquor licenses not requiring Council resolution will be reviewed and recommended to approve, approve with conditions or deny by the Manager of Development Services. Should the applicant wish to appeal the recommendation of the Manager of Development Services, the application will be placed on Council's agenda for its consideration. SCHEDULE G STRATA CONVERSION (for previously occupied buildings) PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 17 of 29 1. Upon receipt of an application accompanied by the required fees and attachments, Development Services staff will open a file and issue a receipt to the applicant. 2. Staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant. If the applicant does not provide the required information within a timeframe identified at the discretion of the staff, the application and fee will be returned to the applicant. 3. The City will advertise the proposal in one edition of a local newspaper to solicit comments on the application from the public, such comments to be submitted in writing to the Manager of Development Services within fourteen (14) days of the publication of the notice. In addition, adjacent property owners of the subject property will be notified by mail advising of the application as per Section 6: Public Notification of this bylaw. 4. Council may, at its sole discretion, require further public consultation, which will be held at the applicant's expense. 5. In reviewing an application for a new liquor/cannabis license, Council will take into consideration the following impacts: - Proximity to other social, recreational facilities or public buildings; - Occupant capacity and hours of liquor service; - Number and market focus of other liquor primary licensed establishments within a reasonable distance of the proposed location; - Traffic, noise and parking; - Population density of the area. - The impact on the community if the application is approved. - Views of residents 6. Council will review the application, comments and City Staff Reports. A recommendation will be made to the Provincial Liquor Control and Licensing Branch by passing a resolution, to either approve or deny the application. The Council resolution will include the following information: - The reason for the recommendation; - Comments on any conditions that Council feels should apply; and - Summary description of the public comments received. 7. Applications for minor or temporary changes in liquor licenses not requiring Council resolution will be reviewed and recommended to approve, approve with conditions or deny by the Manager of Development Services. Should the applicant wish to appeal the recommendation of the Manager of Development Services, the application will be placed on Council's agenda for its consideration. SCHEDULE G STRATA CONVERSION (for previously occupied buildings) PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 18 of 29 1. Upon receipt of an application submitted in accordance with this bylaw, Staff will open a file and issue a fee receipt to the Applicant. 2. Staff will review the application to determine whether it is complete or incomplete. If incomplete, Staff will request the required information from the Applicant within a timely manner. Once complete, Staff will write a letter to the Applicant acknowledging a complete application. 3. Staff will review and evaluate the application for compliance with the City's Official Community Plan, the Zoning Bylaw, the BC Building Code and all applicable bylaws, plans, and policies approved by Council. Staff may conduct a site visit as part of the evaluation process. 4. Staff will refer the application to all applicable departments, committees, government ministries, agencies and organizations. 5. Staff will prepare a Requirement Letter incorporating feedback received from the referral process identifying preliminary development conditions and requirements. The Applicant may be required to amend/ supplement the application or submit further information based on the Requirement Letter. Staff will prepare a technical report for consideration by Council or the delegated authority. Pursuant to Section 242 of the Strata Property Act, a strata conversion must not be approved unless the building substantially complies with all current applicable bylaws and the British Columbia Building Code. Council or the delegated authority will consider the following when reviewing an application: - Requirement for an independent Building Code review - The priority of rental accommodation over privately owned housing in the area - Any proposals of the owner / developer for the relocation of tenants - The life expectancy of the building - Projected major increases in maintenance costs due to the condition of the building - Compliance with the Bylaws of the Municipality (e.g. Zoning Bylaw) - Compliance with current development approvals (municipal and other agencies) - Requirement for tenant notice of the proposed application (e.g. declaration, meeting) - Contribution to overall community benefit - Terms and conditions of an approval - Other matters that, in its opinion, are relevant, such as: - Provisions for the on-going residential tenancy of persons who may be affected by the proposed strata conversion to demonstrate that the conversion would not adversely affect the rental vacancy rate in the municipality. - Housing Agreement to require rental accommodation at a maximum rental rate - On-going commitment that residential rental will not be prohibited by the future strata council bylaws - The opportunity for existing residential rental tenants to purchase their unit below market rates - Fire protection and tenant safety - Proposed up-grades to the building and cost implications for tenants 6. Once Council or the delegated authority has considered the application for approval, Staff will mail notice of the decision to the Applicant. 7. Staff will update databases and file all information pertaining to the application. SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 19 of 29 Scope There are two types of subdivisions governed by the Local Government Act that are possible within the boundaries of the City of Rossland: 1. Land Title Act Subdivisions 2. Strata Property Act Subdivisions The City's Approving Officer may permit either type of subdivision for lands within the City's boundaries. The Approving Officer has the authority to approve subdivision plans. The Approving Officer is consulted through all stages of the process, from Preliminary Layout Review to the signing of the final subdivision plan. The Local Government Act and Land Title Act give the Approving Officer discretionary powers to refuse the approval of a subdivision plan if: 1. The subdivision does not conform to all applicable provisions of the Local Government Act, City of Rossland Zoning Bylaw and the City's Subdivision and Development Servicing (SDS) Bylaw; or 2. The subdivision plan is, in the Approving Officer's opinion, against the public interest. In accordance with Section 85 of the Land Title Act, an application for subdivision must be approved or rejected by the Approving Officer within two (2) months after the date it is tendered for examination. Any person, being the owner of land, has the right to apply for subdivision. Under section 89 (1) of the Land Title Act, the decision of the Approving Officer to deny an application for subdivision may be appealed by the Owner to the Supreme Court within one (1) month of rejection or one (1) month after the time frame for approval has passed. General Overview 1. Preliminary Inquiry 2. Submission of Application 3. Preliminary Layout Review 4. Referral to Government Agencies 5. Preliminary Layout Approval 6. Public Notification 7. Notification of Applicant 8. Design Approval 9. Provision of Insurance 10. Issuance of Construction Permit 11. Construction 12. Inspection of Works 13. Submission of As-Built Drawings 14. Certificate of Works 15. Maintenance Bonds 16. Construction Record Security 17. Provision of Performance Security 18. Final Subdivision Approval 19. Registration SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 20 of 29 A Minor Subdivision is a subdivision that consists of only a lot line adjustment, consolidation, or the creation of two or three lots. Roads fronting the property to be subdivided may already have been constructed to full City standards and/or utility services may be readily available without further extension. In these cases, some of the requirements listed in the process section below may not be necessary; however, each subdivision proposal is unique. Exact requirements for approval of subdivision can only be determined after City staff has had the opportunity to review the proposal and discuss the matter with the Owner. The general process for approval of subdivisions under both the Land Title Act and the Strata Property Act is outlined below. Process Step 1 - Preliminary Inquiry The Owner should hold preliminary discussions with the Approving Officer or delegate to identify the scope and nature of the proposal. The Approving Officer or delegate will use this opportunity to provide information regarding the requirements of the various bylaws and explain the process. The Approving Officer should also determine if the proposal is appropriate according to the requirements of the City of Rossland Zoning, Official Community Plan (OCP) and Subdivision and Development Servicing Bylaws. If the proposal does not conform to land use policies for the area, it will be suggested that the Owner consider changes to the proposal or pursue other avenues such as an amendment to the Official Community Plan and/or Zoning Bylaws to accommodate the proposed use. Step 2 - Submission of Application If the Approving Officer determines that the proposal is consistent with the requirements identified above, the City of Rossland "Development Application" is provided to the Owner. The application form must be filled out with respect to: o Name & Address of the Registered Owner(s); o Legal Description of Property; o Location of Property; o Size of Property; o Present OCP Designation; o Present Zoning Designation; o Description of Existing Use/Development; SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 21 of 29 o Description of Proposed Development; o Proposed Phasing Plan, if applicable: o Description of Existing or Readily Available Services; o Proposed Water Supply Method; o Proposed Sewage Disposal Method; o Proposed Storm Drainage Method; o Approximate Commencement Date of Proposed Project; and o Reasons and Comments in Support of the Application. Additional information and materials that are required to be submitted along with the application form include: 1. Application fee as determined in any applicable City of Rossland Fees & Charges Bylaw; 2. Proof of Ownership (a State of Title Certificate, or a title search record dated no more than 30 days prior to submission of the application); 3. Written Authorization from the registered property owner which allows the Owner to apply on behalf of the owner, if the Owner is not the registered owner; and 4. Submission of a plan or plans drawn to a minimum of 1:1000 scale, including an electronic version (.pdf) of all drawings, clearly indicating: o The legal description of the parcel or parcels to be subdivided; o The dimensions of the parcel or parcels to be subdivided with the boundaries outlined in red; o The arrangement of parcels and streets which would be created by the subdivision, including the widths of the proposed streets and the approximate dimensions and area of each proposed parcel complete with lot numbers; o The relationship of the proposed subdivision to adjacent and existing streets and parcels and the connections of proposed streets thereto; o The existing and proposed uses of the parcel or parcels to be subdivided; o Existing buildings and/or structures located and identified, and illustrating the dimensions and the relationship of same to existing and proposed property lines; o The approximate location of any buildings to be demolished upon approval of the subdivision; o Existing property lines and streets to be eliminated by the proposed subdivision; o Utility and other existing rights-of-way located and identified, including flood plain areas where applicable; o Existing topography based upon true datum with contour lines at no greater than 1 metre. Step 2 (con't) Preliminary Inquiry Submission of Application Preliminary Layout Review Referral to Government Agencies Preliminary Layout Approval Public Notification Notification of Applicant Design Approval Provision of Insurance Issuance of Construction Permit Construction Inspection of Works Submission of As-Built Drawings Certificate of Works Maintenance Bonds Construction Record Security Provision of Performance Security Final Subdivision Approval Registration SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 22 of 29 o Existing creeks, watercourses, natural drainage channels and other pertinent topographic features, including all large or desirable trees on or near proposed roadways; o The location of all existing roads, pipelines and utilities; o The location of existing septic tank and septic tank drainage fields where applicable; o The location of any wells within 30 metres of the parcel or parcels to be subdivided if the proposed lots are to be served by septic systems; o The location of any existing drainage facilities, such as storm sewers, tile drains or culverts, whether in use or not; o The proposed water and sewer main extensions to service the subdivision; o The proposed road grades where steep and uneven terrain exists; and o A scale, north arrow and any other plan identification that shall be considered relevant. At the time of providing application forms, the Approving Officer or delegate may require that the following information accompany the application prior to Preliminary Layout Review: 1. Any elevations, cross-sections or detail drawings which may be relevant 2. Copies of any previous studies or reports made on the subject property relating to its present condition and suitability for the proposed use/development, e.g. geotechnical reports, site contamination and remediation studies 3. A geotechnical overview, topographic mapping and development servicing and phasing analysis. Step 3 - Preliminary Layout Review The Approving Officer can proceed with the Preliminary Layout Review of the proposed subdivision if: 1. All the necessary information has been submitted; 2. All planning considerations have been addressed; and 3. Appropriate application fees have been paid. To facilitate the Approving Officer's review, the Owner must provide information regarding various servicing and utility requirements. SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 23 of 29 This can include, but is not limited to: 1. Roads/Access - Are changes to the road system going to be required as a result of the proposed subdivision? 2. Water - Is there sufficient capacity in the available water system? Will extensions or upgrading be required? 3. Sanitary Sewer - Will the current systems be sufficient? Is an upgrade in capacity going to be necessary? Will a community system extension be required? 4. Storm Sewer/Drainage Ditches - Will the current system be sufficient? Will upgrading of the system's capacity be necessary? 5. Electrical/Street Lighting; 6. Telephone/Cablevision; and 7. Natural Gas. The Approving Officer may investigate the following aspects of the application as part of the Preliminary Layout Review: 1. Floodplain - Is the subject property located in the floodplain? 2. Geotechnical - Is the land stable to support all proposed buildings and infrastructure on the subject property? 3. Development Permit - Is the subject property located within a Development Permit area? 4. Highway - Is the subject property located adjacent to a provincial or controlled access highway? 5. Taxes - Does the owner of the subject property owe any outstanding property taxes to the City? 6. Public Open Space - Will the Owner be required to provide parkland or cash-in-lieu of parkland under to section 941 of the Local Government Act? Step 4 - Referral to Government Agencies At the discretion of the Approving Officer, the application for subdivision may be referred to appropriate agencies whose interests may be affected. These agencies may include but are not limited to: o Regional District of Kootenay Boundary; o Ministry of Community Development; o Ministry of Environment; o Department of Fisheries and Oceans; o Ministry of Transportation and Infrastructure; o Ministry of Energy, Mines and Petroleum Resources; o British Columbia Assessment Authority; o Interior Health Authority; o School District #20; o City of Rossland Public Works Department; o RDKB Fire Department; o RCMP; o Canada Post Corporation; and o Local Utility Companies. SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 24 of 29 Step 5 - Letter of Preliminary Layout Review After the Preliminary Layout Review has been completed, the Approving Officer has four options: 1) Provide a Letter of Preliminary Layout Review; 2) Ask the Owner for additional information in order to further consider the application; 3) Refer the application and the results of the technical review to the City's planning and engineering staff and/or consultants for their comments; or 4) Deny the application. Under section 85 of the Land Title Act, the Approving Officer must approve or reject a subdivision application within two (2) months of the date it is tendered for examination. In accordance with section 85 of the Land Title Act, if the application is denied the Approving Officer must immediately notify the Owner in writing of the rejection. The Approving Officer must state the reason(s) for rejection and the officer's requirements if applicable. Under section 89 of the Land Title Act, the Owner may appeal the decision to deny the application to the Supreme Court within one (1) month of receiving the Approving Officer's rejection. Step 6 - Public Notification The Approving Officer may forward a Notice of Application to all parties who have an interest in land within a specified distance of the land under application for Subdivision as determined by the Approving Officer. Under section 86 of the Land Title Act, the Approving Officer is under no obligation to hear from surrounding landowners or any other person in the community. However, the Approving Officer may decide that a public meeting may be beneficial to gain input with respect to the proposed subdivision. Notice of the meeting should state the subject matter of the application, the date, time and place where copies of the proposed application may be inspected and the time and place when the matter will be discussed. The Approving Officer will advise the Owner if a public meeting is required at this stage, with all fees associated with this public meeting to be paid for by the Owner. SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 25 of 29 Step 7 - Notification of Applicant The Approving Officer will advise the Owner in writing if the application has been either denied or granted a Letter of Preliminary Layout Review. If granted, the Preliminary Layout Review is valid for a period of one (1) year. The Owner may apply for one (1) six- month extension, which may be granted by the Approving Officer. After this period, if the subdivision has not proceeded as per the conditions outlined by the Approving Officer during the Preliminary Layout Review stage and been granted Final Approval, the Owner must reapply for subdivision. Step 8 - Design Approval In order to receive Design Approval, works or services may be required. The Approving Officer may require the Owner to submit detailed engineering drawings (both electronic and hard copy versions) for review by City Staff and/or the City's consultants. The Approving Officer will also require the Owner to submit: 1. Minimum of three (3) copies of the original survey plans; 2. Minimum of three (3) copies of design plans as per the Subdivision and Development Servicing Bylaw; 3. A schedule of quantities and cost estimates for any and all off- site works triggered by the proposed development; 4. Notice that taxes have been paid; and 5. Parkland dedication or cash-in-lieu of parkland, as outlined in the Official Community Plan and Local Government Act. Step 9 - Provision of Insurance Prior to issuing a construction permit, the City will require evidence of acceptable liability insurance with appropriate clauses indemnifying and saving harmless the City of Rossland and its employees. This must identify, but will not be limited to the: 1. Level of insurance; 2. Name of insured; 3. Standard time period where amendments are not permitted; and 4. Coverage (type of policy). Step 10 - Issuance of Certificate to Proceed with Construction Prior to issuing a Certificate to Proceed with Construction, the City Engineer may require security, in the form of cash or irrevocable letter of credit, for the off-site works and services to be provided. If the City of Rossland is constructing the off-site works, payment of the estimated cost of construction is required prior to issuance of a construction permit. Steps 7 to 10 Preliminary Inquiry Submission of Application Preliminary Layout Review Referral to Government Agencies Preliminary Layout Approval Public Notification Notification of Applicant Design Approval Provision of Insurance Issuance of Construction Permit Construction Inspection of Works Submission of As-Built Drawings Certificate of Works Maintenance Bonds Construction Record Security Provision of Performance Security Final Subdivision Approval Registration SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 26 of 29 Once the evidence of liability insurance and security for works and services are provided, the City Engineer will issue a "Certificate to Proceed with Construction" to the Owner. The City Engineer may choose to consult with the City's consultants before issuing the permit. Step 11 - Construction of Works The Owner proceeds with construction in accordance with the approved design drawings and specifications. Step 12 - Inspection of Works Throughout the construction period, the Owner's Consulting Engineer shall be responsible for inspecting the Works and Services to confirm that they are completed in accordance with the design drawings and specifications. The City Engineer, or delegate, may also conduct inspections on behalf of the City. However, such inspections do not relieve the Owner and the Owner's Consulting Engineer from their responsibilities to confirm that the Works and Services have been constructed generally in compliance with the approved design. Step 13 - Information Provided by Applicant Once the construction of works is complete, the Owner must provide the following for review: a) Record drawings, in both hard copy and digital (.pdf and AutoCad .dwg) versions; b) Property record cards; c) Evidence of substantial performance pursuant to the Builder's Lien Act; d) Deficiency list; and e) Other information requested by the City Engineer. f) Certificate of Completion provided by the Owner's Consulting Engineer Step 14 - Certificate of Works Following receipt of the Certificate of Total Completion provided by the Owner's Consulting Engineer, the Approving Officer shall issue a Certificate of Acceptance. This will not occur however, until the City Engineer is satisfied that the works are constructed as per the submitted engineering drawings. Step 15 - Maintenance Security The Subdivision and Development Servicing Bylaw requires that the Owner provide a Maintenance Security of ten (10) percent of off-site construction cost estimates before approval of the subdivision is granted (referred to as the Maintenance Period). Security Deposits will not be required for private developments not requiring subdivision or works not within the dedicated road right-of-way or on City property. SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 27 of 29 Step 16 - Construction Record Security If the Owner wishes to have the Approving Officer sign the Final Subdivision Plan prior to the Approving Officer receiving the construction Record Drawings, the Owner must provide Construction Record Security as per the Subdivision and Development Servicing Bylaw. The City will hold this security until the Final Approval is granted for the subdivision. This could occur, for example, if the Owner wanted to apply for a Building Permit prior to receiving Final Approval of the subdivision. Step 17 - Provision of Performance Security if Works Not Completed In the event that the Owner does not plan to construct the works immediately, the Owner may enter into a Subdivision Servicing Agreement with the City in an approved form as contained in the Subdivision and Development Servicing Bylaw. Design plans must be submitted and approved by the Approving Officer. Subdivision Servicing Agreements are available for the Approving Officer to consider only after all buried utilities are installed and roads are constructed to top of granular sub-base. Under the terms of the Local Government Act, the Works and Services Agreement will require posting of security in the amount specified in City of Rossland Subdivision and Development Servicing Bylaw. If the Owner does not construct and install the works and services by the date specified in the agreement, the Owner will be required to forfeit the security. If the Approving Officer enters into an agreement with the Owner, Final Approval of the subdivision may be provided. The City will hold the Security for one (1) year after final. SCHEDULE H SUBDIVISION PROCESSING PROCEDURE Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 28 of 29 Step 18 - Construction Record Security The Approving Officer will either grant Final Subdivision Approval or notify the Owner in writing that Final Approval is being withheld. Under section 87 of the Land Title Act, Final Approval may be withheld for the following reasons only: a) The completed works are not constructed as per the Record Drawings submitted to the City; b) The required works have not been constructed according to the requirements of the Subdivision and Development Servicing Bylaw, or an agreement satisfactory to the City has not been achieved relating to the provision of these works; c) Applicable connection fees and charges have not been paid; d) Taxes and charges have not been paid; or e) Ministry of Transportation approval has not been given if the subdivision is adjacent to a controlled access highway. Step 19 - Registration Once Final Subdivision Approval has been granted and the Approving Officer signs the plans, they are returned to the Owner. The Owner must submit the approved plans to the Land Title Office for registration. Following registration, the Owner must submit the following to the Approving Officer: 1. The subdivision plans and any rights-of-way or easement plans that affect the subject property. The plans must contain controlled survey points with a legal base that is tied to the coordinate system used by the City (Universal Transverse Mercator, or UTM); 2. Text documents; and 3. Proof of title. These documents assure the Approving Officer that registration has occurred. SCHEDULE I SIGNAGE REQUIREMENTS Land Development Applications Procedures Bylaw No. 2690, 2019 CONSOLIDATED 2023 29 of 29 NOTICE OF APPLICATION SUBJECT PROPERTY: (legal and civic) PURPOSE: (description of proposal) DEVELOPMENT PROPOSAL: (application type - Zoning, OCP, Temporary Use) FROM: (current designation/ Zone) TO: (current designation / Zone) FOR FURTHER INFORMATION PLEASE CONTACT: DEVELOPMENT SERVICES DEPARTMENT City of Rossland (250)362-7396 NOTICE OF APPLICATION SIGN 1. In respect of an Amendment Application or Temporary Use Permit, the Applicant, at their own expense, shall erect a notice of application sign, as detailed in above on each parcel of land which is the subject of the application. 2. Notice of application(s) shall be in accordance with the following: a) sign material shall be a plywood or durable material 1.3cm thick; b) sign size shall be 1.2m x 1.2m as a minimum; c) sign lettering shall be black block letter on white background; and d) sign placement within the subject property shall be: i. 1 metre off the ground; and ii. 0.5 metre from the front parcel line. HEADING: 8cm font CONTENT: 4cm font CONTACT INFO: 2.5cm font