Development Procedures Bylaw No 4640

Salmon Arm, British Columbia

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CITY OF SALMON ARM BYLAW NO. 4640 A bylaw to establish procedures for the processing of land use and development applications in the City of Salmon Arm WHEREAS pursuant to s. 460 of the Local Government Act, the City of Salmon Arm must, by bylaw, establish procedures by which owners of land may apply to amend land use bylaws and apply for permits required under Part 14 of the Act; AND WHEREAS Council may, pursuant to Part 5, Division 5 of the Liquor Control and Licensing Act and s. 33 of the Cannabis Control and Licensing Act, impose fees and prescribe processes and delegated authority for providing comments or recommendations on license applications made under that Act; AND WHEREAS Council may, pursuant to Part 5, Division 6 of the Community Charter, delegate its powers, duties and functions to its officers, employees and members, and must, in certain cases, provide for the reconsideration by the Council of decisions of its delegates; AND WHEREAS, pursuant to s. 468 of the Local Government Act, Council may require the posting of notification signs on lands that are subject to a proposed development; AND WHEREAS the City may require that an Applicant for a permit under Part 14 of the Local Government Act provide security in a form and manner satisfactory to the City; NOW THEREFORE the Council of the City of Salmon Arm in open meeting assembled, enacts as follows: 1. PURPOSE & SCOPE 1.1 The purpose of this Bylaw is to establish procedures for applications and referrals including the establishing of forms, procedures, and delegated authorities. 1.2 This Bylaw applies to the following applications, permits and referrals to the City: a) amend any OCP Bylaw and/or Zoning Bylaw in effect; b) issue and amend a Development Permit; c) issue and amend a Development Variance Permit (DVP); d) issue and amend a Temporary Use Permit (TUP); e) enter into a housing agreement; f) obtain comments on a liquor license or endorsement application or amendment; g) issue and amend a liquor license and related sidewalk patio permit; h) obtain comments on a cannabis license application or amendment; i) strata title conversion of a previously occupied building; j) floodplain exemptions under s. 524(5) of the Local Government Act; k) enter into, amend and/or discharge a registered legal agreement; 2 Development Procedure Bylaw No. 4640 l) obtain comments on telecommunication tower application; and m) minor referrals from other levels of government, agencies or other organizations. 2. DEFINITIONS All words or phrases used in this Bylaw have their normal or common meaning except where they are changed, modified, or expanded by the following definitions, and are generally shown in italics for ease of reference: "ACT" means the Local Government Act [R.S.B.C. 2015] Ch. 1. "APPLICANT" means the registered owner of real property or any agent authorized, in writing, by the registered owner to act on their behalf. "APPROVING OFFICER" means the City Approving Officer, as set out in the Land Title Act. "CITY" means the City of Salmon Arm, a local government in the Province of British Columbia. "COUNCIL" means Mayor and Council of the City of Salmon Arm. "DIRECTOR" means the person holding the senior office responsible for planning and development for the City of Salmon Arm. "HOUSING AGREEMENT" means an agreement made pursuant to Part 14, Division 5 of the Act. "IN WRITING" means an email, fax, or letter hand delivered or sent via post or courier. "OFFICIAL COMMUNITY PLAN" or "OCP" means the Official Community Plan Bylaw No. 4000, in effect as adopted by the City of Salmon Arm, as amended or superseded. "QUALIFIED ENVIRONMENTAL PROFESSIONAL" means an applied scientist or technologist who practices in a relevant applied science or technology field including, but not limited to agrology, forestry, biology, engineering, geomorphology, geology, hydrology, hydrogeology or landscape architecture, whether acting alone or together with another qualified environmental professional, if: (a) the individual is registered and in good standing in British Columbia with an appropriate professional organization constituted under an act, acting under that association's code of ethics and subject to disciplinary action by that association; (b) the individual's area of expertise is recognized in the Assessment Methods as one that is acceptable for the purpose of providing all or part of an assessment report in respect of that development proposal; and (c) that the individual is acting within their area of expertise. "QUALIFIED PROFESSIONAL" means a professional engineer, geoscientist, architect, biologist, or other professional licensed to practice in British Columbia having relevant expertise to the matter to be considered or evaluated, and includes a qualified environmental professional as defined in this Bylaw. 3 Development Procedure Bylaw No. 4640 "SUBDIVISION AND DEVELOPMENT SERVICING BYLAW" means the City of Salmon Arm Subdivision and Development Servicing Bylaw No. 4293, as amended or superseded. "TEMPORARY USE PERMIT" OR "TUP" means a temporary approval issued under Part 14, Division 8 of the Act. 3. ADMINISTRATION & INTERPRETATION 3.1 This Bylaw shall be administered by the Corporate Officer and the Director, as specified. 3.2 The provisions of this Bylaw are severable; if any provision is for any reason held to be invalid by the decision of a court of lawful jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw. 4. FORMS, SUPPORTING INFORMATION & APPLICATION 4.1 The Corporate Officer shall prescribe, and may from time to time modify, the form of application for each category of application within the scope of this Bylaw; and in so doing, may prescribe different forms for different categories of applications based on the nature or complexity of the application; whereby, such forms may require, but not be limited to, the following: a) name and contact information of owner and any agents delegated on their behalf; b) disclosures such as reasons for the application and condition upon lands; c) copy of current certificate of title, including applicable encumbrances on title; d) site profiles, soils and geotechnical reports, e) traffic impact reports; f) site and development plans, surveys, surveyor site certificates; and g) information pertinent or specific to an application listed in s. 1.2 of this Bylaw. 4.2 Additional Supporting Information for Application The Director is delegated the authority to determine and require development review and approval information prepared at the Applicant's expense, including a report prepared and certified by a qualified professional that: a) addresses the potential impacts of the proposed activity or development upon land use, traffic, riparian areas or the more broad environment impacts, analysis of tree removal and replanting; utilities and any other City services and facilities; b) establishes trail design, estimates costs, and undertakes development within a road dedication, a right of way, or an amenity area such as a park; c) identifies and defines the context, scope, magnitude and significance of the anticipated impacts of the activity or development on the community; d) provides recommendations for conditions or requirements that may be imposed to mitigate or ameliorate any anticipated negative impacts; and 4 Development Procedure Bylaw No. 4640 e) provides recommendations and estimated costs for modifications to the proposed development, construction of works or other measures to mitigate or ameliorate any anticipated impacts. 4.3 An application will not be accepted until an Applicant has provided the information listed on the form applicable to that category, and required supporting information; incomplete applications will not be accepted and the Applicant will be notified of the deficiencies. 4.4 Notwithstanding Section 4.3, if, in the opinion of the Director, the content of an application is sufficient to proceed with a review, it may be accepted. 4.5 Change of Ownership If there is a change of registered owner on title of property or land that is the subject of an application, the Director may require an updated state of title certificate and authorization in writing to proceed from the owner. 4.6 Form of Permits The Director shall prescribe the form of permits and in so doing may prescribe different forms for different categories of permits. 5. APPLICATION FEE 5.1 Prior to acceptance of an application or processing a referral, the Applicant must pay to the City, all applicable fees in the amount prescribed in Fee for Service Bylaw No. 2498, as amended or superseded. 5.2 In addition to any fees payable, City legal costs for review or preparation of development related agreements for any applications shall be borne by the Applicant, including but not limited to the preparation and registration of restrictive covenants, easements, and housing agreements. 6. FEE REFUND 6.1 Where an application is withdrawn, in writing, by the Applicant or has lapsed due to inactivity prior to processing, referrals, issuance of notices, or preparation of a staff report, the Applicant shall be refunded 50% of the fees paid. 6.2 Where an application or referral has been processed in part and has lapsed due inactivity or is incomplete and thus cannot be formally assessed, no refund shall be made. 6.3 Any deposits paid for security of works such as landscaping, will be returned in the case of applications that did not proceed. 7. LAPSE OF INACTIVE APPLICATIONS 7.1 Where the Director has determined that an application is incomplete and has requested information, including professional reports or assessments that are required to complete the application process, and the Applicant does not provide the required additional information within 12 months, then the application will be deemed to have lapsed; and, if any portion of the fee is refundable, the City shall provide the refund to the Applicant. 5 Development Procedure Bylaw No. 4640 7.2 Within one year of the date of submission of any complete application within the scope of this Bylaw, if the file has been inactive for a period of over one year due to inaction on the part of the Applicant, it will be deemed to be abandoned and lapsed and the Applicant will be notified in writing that the application will be closed in 60 days from the time of notification. 7.3 Where a bylaw amendment application is made, in conformance with this Bylaw, and the bylaw that is the subject of the application has not received first reading or further readings within one year following, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days from the time of notification. 7.4 Despite the foregoing, prior to the lapse of an application the Applicant may submit a written request for aa one-time six month and may be granted extension, at the discretion of the Director. 7.5 If any application is deemed to have lapsed under this section, a new application and fee are required if the Applicant wishes to proceed with the activity or development. 8. REFUSALS & REAPPLICATION 8.1 The Director will notify an Applicant in writing within 15 days of a decision by Council to deny or refuse an application under this bylaw. 8.2 The Director will provide an Applicant with written reasons within 15 days for the denial or refusal of an application or decision that is delegated under this Bylaw. 8.3 Re-application for any application within the scope of this Bylaw, that has been denied or refused shall not be made within six months of the date of refusal, qualifying that as set out in the Act, an Applicant may request of Council to vary this limit by submitting, in writing, a detailed statement explaining their reasons for re-application. 9. DELEGATION OF APPROVALS, AGREEMENTS, & OTHER POWERS 9.1 Development related agreements The Council delegates to the Approving Officer, the Corporate Officer and the Mayor all the powers, duties and functions of Council in respect to the approval, release, amendment and execution of the following development related agreements: a) housing agreements; b) easement agreements under s. 181 and 182 of the Land Title Act; b) statutory right-of-way agreements under s. 218 of the Land Title Act; and c) covenant agreements under s. 219 of the Land Title Act. 9.2 Strata Conversion Signing Authority In accordance with the Strata Property Act, Council delegates to the Approving Officer, the power to approve an application to execute legal plans and deposit a strata plan for the conversion of a previously occupied commercial or industrial building. 6 Development Procedure Bylaw No. 4640 9.3 Development Permit Authority Council delegates to the Director all the powers, duties and functions of the Council, regarding development permits issued in respect of: a) development permit areas designated for the protection of riparian areas, the environment, its ecosystems and biological diversity specified in the designation of the development permit area; b) development permit areas designated for the protection of development from flooding, torrents of debris, erosion, land slip, rock falls, subsidence, or another hazard specified in the designation of the development permit area; and c) development permit areas designated for form and character where up to four accessory dwelling units are proposed within three buildings or less on a single parcel, provided no variance is required (except as in accordance with Section 9.4 of this Bylaw) and the permit is not a part of an application that is conditional on Council approval for a related application. 9.4 Minor Development Variance Permit Authority Pursuant to s. 498.1 of the Act, Council delegates to the Director, the authority to issue, deny and perform related duties for the administration of development variance permits which are deemed to be minor; where, the criteria for determining if an application is minor shall be as follows: a) the variance must be for an individual property or development; b) the variance is not a part of an application that is conditional on Council approval for a related application; c) the variance is consistent with any applicable OCP policy; d) the variance is a one-time renewal of a lapsed approved application; e) building setback variance to a parcel line would result in a reduction of no more than 20% of the required setback; f) building height variance would permit an increase of no more than 15% above the height limit; g) a screening and landscaping requirement that does not serve a purpose in the context; h) a sign variance would permit an increase in sign size of no more than 20% above the size limit; i) off-street parking space requirements would result in a reduction of no more than 20% of the required amount of stalls on residential lands and no more than 10% of the required amount of stalls on institutional, industrial or commercial lands; and j) shall not vary any provision of the Subdivision and Development Servicing Bylaw in effect. 9.5 Temporary Use Permit Authority 7 Development Procedure Bylaw No. 4640 Council delegates to the Director all the powers, duties and functions of the Council, regarding consideration of Temporary Use Permits for the following: a) temporary or seasonal buildings and structures related to agriculture use on land excluded from the Agriculture Land Reserve; b) temporary residential building for use as a new dwelling is constructed; or c) placement of a temporary construction office building or trailer for the purposes of on-site management and/or site security during construction approved through a valid Building Permit. 9.6 Referrals The Council hereby delegates to the Director, the authority to submit responses to referrals relating to the following: a) land use referrals for lands beyond and not contiguous to City boundaries that do not require Council resolution; and b) permit issuance, renewal and amendment in respect of Aggregate & Mining referrals and the Mines Act; and c) issuance of new licenses and temporary licenses in respect of Liquor License referrals; d) amendment and renewal of existing licenses in respect of Liquor License referrals; and e) in accordance with Council Policy 3.2, only amendment and renewal, in respect of Cannabis License Referrals. 10. RECONSIDERATION OF DELEGATED DECISION 10.1 Any Applicant who is dissatisfied with a delegated decision pursuant to any applicable provisions of this Bylaw is entitled, at no charge, to have the decision reconsidered by the Council through the process prescribed in this section. 10.2 Requests for reconsideration must be made within 14 days of the date on which the decision is communicated to the Applicant by delivering, to the Corporate Officer, a written submission setting out the following: a) name of the delegate who made the decision, date and nature of the decision; b) reason(s) why the decision should be reconsidered by Council including the grounds on which the Applicant considers the decision to be inappropriate; c) the remedy sought by the Applicant for consideration by Council; and d) copies of any materials or information considered relevant by the Applicant. 10.3 Notwithstanding s. 10.2, if the Applicant wishes to submit new or additional information, they must first submit this information to the delegated authority for reconsideration of the decision and if no change is made, may then advance the matter to Council for reconsideration. 10.4 Upon receipt of a written request for Council's consideration the Director shall prepare a report to Council attaching the application and setting out the reasons for the decision: 8 Development Procedure Bylaw No. 4640 a) place the request on the agenda of a regular Council meeting held within 60 days of a complete reconsideration request submission; b) give notice of each reconsideration by the Council in accordance with any notice requirements that applied to the original application or referral; and c) deliver to each Council member, a copy of the materials that were considered by the delegate in making the decision to be reconsidered. 10.5 In reconsidering a delegated decision, the Council shall: a) hear from the Applicant, delegate, and any other person deemed by the Council to have an interest in the decision; and b) either confirm the decision or set aside the decision and substitute a decision of the Council. 11. PERFORMANCE SECURITY 11.1 Security required in respect of a permit shall be in the form of cash or an irrevocable letter of credit that remains effective for the term and applies to the conditions specified in the permit; and further, such letter shall be unconditional; shall renew automatically; and shall be in a form approved by the Director. 11.2 The amount of the security shall be approved by Council or the authorized delegate and shall be based upon 125% of the total itemized cost estimate provided by a registered professional engineer or a qualified professional retained by the Applicant to secure the following: a) completion of geotechnical works necessary to protect the site from hazardous conditions; b) installation of permanent fencing and signage for the protection of the natural environment; c) installation of tree protection and other temporary measures or fencing; d) installation, maintenance, and monitoring of replacement trees; e) implementation of specific plant and wildlife mitigation measures and habitat enhancement for an environmentally sensitive area; and f) installation, maintenance and monitoring of physical works within a streamside protection and enhancement area. 11.3 The security may be used by the City as follows: a) to complete the works required to satisfy any or all of the permit terms, requirements and conditions; b) to ameliorate the effects of a contravention or non-compliance of a permit; c) to remediate an unsafe condition; and d) to restore damage to the environment that has resulted from a breach of a permit. 11.4 Where a development permit is required for the form and character of multi-family, commercial and industrial developments, including a requirement to undertake 9 Development Procedure Bylaw No. 4640 landscaping works, including soft planting and hard landscaping (such as pavers, brick, concrete, retaining walls, fences, etc.), a security deposit, may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of a permit. 11.5 Upon completion of the works and any required warranty period, authorization of the release and return of the security is delegated to the Director. 12. PUBLIC NOTICE 12.1 Written Notice to surrounding properties At minimum ten days prior to a public hearing where or when the Council decision is on the meeting agenda, where required or allowed by the Act, the City shall mail or otherwise deliver notice to owners and occupiers of all parcels any part of which is within 30 metres of the subject application, advising of any of the following: a) the holding or the waiver of a public hearing for any land use amendment where the Act requires or allows, and such notice shall comply with Section 466 or Section 467 of the Act; b) issuance of a Development Variance Permit where considered by Council; c) issuance of a Development Permit where considered by Council; d) issuance of a Temporary Use Permit where considered by Council. 12.2 Posting of a development notice sign In respect of an application for a Zoning Bylaw, OCP Bylaw Amendment, or Temporary Use Permit, the Applicant must, at their cost, erect a sign on the parcel of land which is the subject of the application. Said sign shall comply with the requirements set out in this Bylaw in Schedule 'A' attached hereto and forming a part of this Bylaw, all in accordance with the following: (a) each sign must be erected no less than ten days before the Council considers the matter; and (b) the Applicant must keep all signs in place continuously and in good repair until the close of the public hearing or the date that Council considers the matter; and (c) must remove all signs within seven business days following the third reading or refusal of the bylaw by Council. 12.3 The text of each sign shall be as illustrated on Schedule 'A' and as reviewed and approved by the Director who may at their discretion, require additional information and content be placed on the development sign. 12.4 Failure to install or maintain required signs may result in the postponement of any consideration of the application, and any notification costs incurred by the City as a result of such failure shall be the responsibility of the Applicant. 12.5 The Applicant must ensure that all signs are updated throughout the application process to reflect any amendments to the proposal, and that revision to the content of the development signs is undertaken in accordance with the requirements of Schedule 'A'. 10 Development Procedure Bylaw No. 4640 12.6 In the case of an application in respect of two or more adjoining parcels, the Director may specify the required number and location of signs by this Bylaw. 12.7 If no public hearing is required or to be held, no sign is required to be posted. 13. PERMITS ISSUED BY COUNCIL OR THEIR DELEGATE 13.1 If authorized by Council, or their delegate, the Planning and Community Services Department will complete the Development Variance Permit and forward it to the Corporate Officer for issuance on behalf of the Municipality. Permits shall be in the form attached hereto as Schedule "B". 13.2 If authorized by Council, or their delegate, the Planning and Community Services Department will complete the Development Permit and forward it to the Corporate Officer for issuance on behalf of the Municipality. Permits shall be in the form attached hereto as Schedule "C". 13.3 The Corporate Officer shall file in the Land Title Office a notice in the form of Schedule "C" attached hereto, that the land described in the notice is subject to a development permit. 13.4 A copy of all Permits issued by the Municipality shall be retained by the Planning and Community Services Department who shall make the same available for perusal by any member of the public upon request during normal business hours. 13.5 Council may issue more than one Permit for an area of land and the land shall be developed strictly in accordance with the permit or permits, issued, which shall also be binding on the City of Salmon Arm. 14. CITATION This Bylaw may be cited for all purposes as "City of Salmon Arm Development Procedure Bylaw No. 4640". 15. TRANSITION 15.1 Upon adoption of this Bylaw, the following City Bylaws and all amendments thereof are repealed: a) Temporary Commercial and Industrial Use Permit Procedure Bylaw No. 3548; b) Development Variance Permit Procedure Bylaw No. 3024; and c) Development Permit Procedure Bylaw No. 2870. d) Zoning Bylaw No. 2303, Sections 3.8 Public Hearing, 3.9 Bylaw Amendments and 4.14 - Posting of Notice. 15.2 The processing of any application made after the date of adoption of this Bylaw shall be continued and dealt with by the Council in accordance with the provisions of this Bylaw. 16. SEVERABILITY 11 Development Procedure Bylaw No. 4640 If any part, section, sub-section, clause of this bylaw for any reason is held to be invalid by the decisions of a Court of competent jurisdiction, the invalid portion shall be severed and the decisions that it is invalid shall not affect the validity of the remaining portions of this bylaw. 17. ENACTMENT Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto as amended, revised, consolidated or replaced from time to time. 18. EFFECTIVE DATE This bylaw shall come into full force and effect upon adoption of same. READ A FIRST TIME THIS 22 DAY OF APRIL 2024 READ A SECOND TIME THIS 22 DAY OF APRIL 2024 READ A THIRD TIME THIS 10 DAY OF JUNE 2024 ADOPTED BY COUNCIL THIS DAY OF 2024 MAYOR CORPORATE OFFICER 12 Development Procedure Bylaw No. 4640 Schedule 'A' DEVELOPMENT NOTICE SIGN REQUIREMENTS Development signs must be installed and retained on the parcel in accordance with the following specifications and as illustrated below: a) 2.4 by 1.2 metres (8 x 4ft) in area; b) constructed of 1.3cm (1/2") plywood or other durable material; c) comprised of black letters on a white background; d) lower edge of sign a minimum of 1.2 metres (4ft) above ground level; e) installed within 3 metres (10ft) of the abutting road at the mid-point of the subject parcel frontage; f) securely fixed to withstand wind and weather; g) located so as to be visible and legible from the abutting road on each principal and secondary road frontage of the parcel, except that parcels smaller than one hectare require only one sign; h) not create a hazard or interfere with pedestrian and vehicular traffic; and i) not obstruct visibility of oncoming traffic from roads, walkways and driveways. 13 Development Procedure Bylaw No. 4640 Schedule 'B' DEVELOPMENT VARIANCE PERMIT Local Government Act (Part 14) PERMIT NUMBER: VP- Bylaw No. 4640 SCHEDULE "B" TO: (Property Owner)___________ For Location at: (CIVIC ADDRESS) (PID:_______________) 1. This Development Variance Permit is issued subject to compliance with all applicable City of Salmon Arm Bylaws except as specifically varied by the Permit. 2. This Development Variance Permit applies to, and only to, (legal description), 3. The City of Salmon Arm Zoning Bylaw No. 2303 Subdivision and Development Servicing Bylaw No. 4293 Sign Bylaw No. 2880 Required under Development Permit Areas (Official Community Plan Bylaw No. 4000) is hereby varied as follows: THAT: Development Variance Permit No. ____ be authorized for issuance to vary the provisions of Zoning Bylaw No. 2303 as follows: 4. The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this Permit. 5. This Permit is not a Building or Sign Permit. 6. Notice shall be filed in the Land Title Office that the land described herein is subject to this Permit. 7. The terms of the Permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the Permit. 8. If the holder of a land use permit does not substantially start any construction with respect to which the permit was issued within 2 years after the date it is issued, the permit lapses. AUTHORIZING RESOLUTION ADOPTED BY COUNCIL on the day of , 2024. ISSUED this day of , 2024. ________________________________ CORPORATE OFFICER 14 Development Procedure Bylaw No. 4640 Schedule 'C' DEVELOPMENT PERMIT Local Government Act (Part 14) Bylaw No. 4640 SCHEDULE "C" PERMIT NUMBER: DP-XXX TO: NAME RE: ADDRESS (PID:___________) 1. This Development Permit is issued subject to compliance with all applicable City of Salmon Arm By-Laws except as specifically varied by this Permit. 2. This Development Permit applies to, and only to (legal description), and any and all buildings, structures and other development thereon. 3. The City of Salmon Arm Zoning Bylaw No. 2303 Subdivision and Development Servicing Bylaw No. 4293 Sign Bylaw No. 2880 Required under Development Permit Areas (Official Community Plan Bylaw No. 4000) Development Permit No. _____ be authorized for issuance for _______ (Legal Description) ____________Attached as Appendix X of the staff report dated __________ 4. The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this Permit. 5. This Permit is not a Building or Sign Permit. 6. Notice shall be filed in the Land Title Office that the land described herein is subject to this Permit. 7. The terms of the Permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the Permit. 8. If the Permittee or its successor(s) in title does not substantially commence any construction with respect to which this permit was issued within 2 years after the date it was issued, the Permit shall lapse. 9. Security in the amount of has been deposited as per Council's direction, in conjunction with subsection 10 of District of Salmon Arm Development Permit Procedure Bylaw No. 2870. AUTHORIZING RESOLUTION ADOPTED BY COUNCIL on the day of , 2024. ISSUED this day of , 2024. __________________________ CORPORATE OFFICER