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DISTRICT
OF UCLUELET
Development
Application
Procedures
Bylaw
No. 1350,
2024
A bylaw
to establish
procedures
for the processing
of development
applications,
to establish
policies
for development
approval
information,
to specify
distances
for notification
and to delegate
powers,
duties,
and functions
of Council.
WHEREAS under the Communiff Charter and Parts 14 and 15 of the Local GovernmentAct, the District
of Ucluelet
may, by bylaw,
delegate
Council's
powers
and establish
procedures
for applications
to
amend:
the Official
Community
Plan or the Zoning
Bylaw,
issue a permit,
establish
or amend
a Phased
Development
Agreement;
NOW THEREFORE
the council
of the District
of Ucluelet,
in open meeting
assembled,
enacts as follows:
PART
1-
INTRODUCTORY
PROVISIONS
Citation
I
This bylaw
may be known
and cited for all purposes
as the "District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024" or as the "Ucluelet
Application
Procedures
Bylaw
1350".
Definitions
2
In this Bylaw:
"Applicant"
means the Owner
or an agent duly authorized
to act on the Owner's
behalf
in
relation
to an application(s);
"Approving
Officer"
means the person
appointed
to that position
by the District
in accordance
with
the Land Title Act;
"Chief
Administrative
Officer"
means the municipal
officer
assigned
the responsibilities
under section 147 of the Communi'ff Charter;
"Council"
means the Council
of the District
of Ucluelet;
"Day"
means calendar
day;
"Development
Permit"
means a permit
authorized
by section
490 of the Local Government
Act;
"Development
Review
Team"
or "DRT"
means a group
of Staff responsible
for review
of
development
applications;
"Development
Variance
Permit"
means a permit
authorized
by section
498 of the Local
GovernmentAct;
"District"
means the District
of Ucluelet;
"District
of Ucluelet
Fees and Charges
Bylaw"
means
the District
of Ucluelet Fees and
Charges
Bylaw
No. 1186,
2016, as amended
or replaced
from time to time.
"Land
Use Permit"
means a Development
Permit,
a Temporary
Use Permit,
or a Development
Variance
Permit;
District
of Ucluelet
Development
Application
Procedures
Bylaw No. 1350, 2024
Page 1
means
epersonappo
V
e
e
e
Cer
responst
e
for the administration
of development
applications
at the District
and includes
a delegate
fulfilling
an Acting
Manager
position
during
the Manager's
absence;
"Official
Community
Plan"
or "OCP"
means
the District
of Uduelet
Official
Community
Plan
C;
"Owner"
means the registered
owner(s)
of property
as demonstrated
on the Land Title
Certificate;
"Phased
Development
Agreement"
means an agreement
authorized
by section
516 of the
Local GovernmentAct;
"Qualified
Professional"
means a professional
engineer,
geoscientist,
architect,
landscape
architect,
certified
arborist,
biologist,
planner,
forester,
qualified
environmental
professional, or
other
professional
licensed
to practice
in British
Columbia
with
experience
relevant
to the
applicable
matter,
as determined
appropriate
by the Manager;
"Staff'
means employees
of the District;
"Temporary
Use Permit"
means a permit
authorized
by section
493 of the Local Government
Act; and
"Zoning
Bylaw"
means District
of Ucluelet
Zoning
Bylaw
No. 1160.
2013, as amended or
replaced
from time to time.
Interpretation
3
(1)
A reference
in this bylaw
to any enactment
of British
Columbia
is a reference
to the
enactment
as amended,
revised,
consolidated,
or replaced
from time to time.
(2)
AreferenceinthisBylawtoanybylaw,policyorformoftheDistrictisareferencetothe
bylaw,
policy
or form as amended,
revised,
consolidated,
or replaced
from time to time.
Council
Discretion
4
(1)
Any one or more of the procedures
in this Bylaw,
except
those that are governed
by
statutory
provisions,
may be temporarily
suspended
by unanimous
vote of the Council
present.
(2)
Applications
initiated
by the District
are subject
only to statutory
requirements,
and not
the additional
procedures
and requirements
of this Bylaw.
Scope
S
(1)
This Bylaws
establishes
procedures
in relation
to applications
for:
(a)
an amendment
to the Zoning
Bylaw;
(b)
an amendment
to the OCP bylaw;
(c)
a Temporary
Use Permit;
(d)
a Development
Permit;
(e)
a Development
Variance
Permit;
and
(f)
a Phased Development
Agreement.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350, 2024
Page 2
o
e extent
necessary,
w
app es
app
ons
r
er appro
exemptions
or agreements
related
to the development
of land, buildings
or structures
not
specifically
dealt with under
other District
bylaws
and may include
matters
under
Part 14
or Part 15 of the Local GovernmentAct,
such as Housing
Agreements,
Phased Development
Agreements,
Floodplain
Bylaw
exemption,
and Heritage
Revitalization
Agreements.
Such
applications
may be made by an Owner
and must be accomparued
by similar
information
requirements
for processing
in a similar
manner
as outlined
in this Bylaw
and in accordance
with statutory
requirements.
PART
2 - APPIICATION
PROCEDURES
Application
Fees
6
Atthetimeofapplication,theApplicantmustpaytheDistrictanapplicationfeeintheamountset
out in the District
of Ucluelet
Fees and Charges Bylaw.
Application
Requirements
and
Processing
Procedure
7
(1)
In respect
of an application
for an OCP bylaw
amendment,
Zoning
Bylaw
amendment,
Temporary
Use Permit,
Development
Variance
Permit,
or Development
Permit,
the
Applicant,
at their cost, must post a Notice of Application
Sign in accordance
with Schedule
'A' of this Bylaw.
(2)
An Applicant
must submit
an application
as set out in Schedules
'B' - 'F' to this Bylaw.
An
application
will be made and processed
substantially
as outlined
in Schedules
'A'- 'F' ofthis
Bylaw.
Number
of Development
Applications
8
(1)
If a proposed
activity
or development
involves
more than one type of application,
the Applicant
must comply
with all of the applicable
provisions
of this Bylaw.
(2)
If land is subject
to more than one Development
Permit
Area designation
established
by the
OCP:
(a)
only one development
permit
application
is required;
(b)
the application
must address
the requirements
of each applicable
Development
Permit
Area; and
(c)
the applicant
must pay the application
fees for each Development
Permit
Area in the
amount
set out in the District
of Ucluelet
Fees and Charges
Bylaw.
Development
Permit
Required
Prior
to Development
9
In all Development
Permit
Areas, an Applicant
must obtain
all required
Development
Permits
before
land is subdivided
or development
occurs, including
but not limited
to
land clearing,
preparation
for the construction
of services
or roads, blasting,
and construction
of, addition to,
or alteration
of a building
or structure,
unless otherwise
exempted
from requiring
a Development
Permit
as specified
in the Official
Community
Plan or Zoning
Bylaw.
Development
Approval
Information
10
Pursuant
to the Local Government
Act and as set out in the OCP, the Manager
may require
an
Applicant
to provide
information,
at the Applicant's
expense,
on the anticipated
impact
of a
proposed
activity
or development
on the community,
including
but not limited
to the following:
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 3
a
omp
ce o
e activity
or
eve opment
wt
e
an
any
bylaw,
plan or policy
in preparation
or adopted
by Council;
(b)
The impact
of the proposed
development
on the natural
environment
such
as adjacent
riparian
and
wetland
areas,
vegetation,
soils
and
erosion,
geotechnical
characteristics,
top
environmentally
sensitive
features,
and rare or endangered
plant
or animal
species;
(c)
Hazardous
conditions
including,
but not limited
to, mud flow, debris
torrents,
erosion,
land
slip, rock falls, subsidence,
avalanche,
wildfire,
flood, inundation,
or other hazard
(including
appropriate
construction
elevations
and setbacks);
(d)
Transportation
assessments
including
but not limited
to transportation
impacts
in terms of
daily and peak hour trip generation
and assignments,
public
transit,
parking
demand, traffic
safety, pedestrian,
cyclist
and vehicular
traffic
flow or operation,
trip generation,
site access
and egress, network
connectivity,
and accessibility;
(e)
The aesthetic
values of the proposed
development
such as visual character,
landscaping,
integration
with public
areas, view corridors,
and the natural
environment,
lighting,
noise,
and odour;
(f)
The impact
of the proposed
development
on groundwater
quantity
and quality;
surface
water generated
by the proposed
development;
and the options
for collection,
storage,
reuse, and dispersal
of such drainage;
(g)
Hydrological
and hydrogeological
assessment
including,
but not limited
to,
infiltration,
im;erception,
groundwater
and overland
flow,
as well as hydrologic
processes
including
accretion
and erosion;
(h)
Anassessmentofwildfirehazardandmitigativemeasuresthatassuresprojectconstruction
activities
comply
with Urban
Wildfire
Interface
managementprinciples;
(i)
Functional
servicing
assessment
of local infrastructure
and site servicing
including,
but not
limited
to, drainage,
water,
sewer,
or
other
utilities;
to
determine
the
impact
of the
development
on District
infrastructure
including
capital,
operations,
and maintenance
over
the lifecycle
of the development;
(j)
Tree assessment
and plan that promotes
the retention
and planting
of native
plant
species,
plant
health,
habitat
preservation,
reduces
wildfire
risk,
minimizes
erosion,
and
a
revegetation
plan to ensure
that the landscape
retains
a natural
appearance;
(k)
Impacts
on the demand
and potential
financial
impacts
for local services
including but not
limited
to community
facilities
and services,
schools,
parks,
recreation,
emergency,
fire,
ambulance
and police services;
(I)
Assessments
of impacts
on historical,
cultural
and archaeological
buildings,
structures,
sites
or features;
(m)
Howtheproposeddevelopmentimpactsandbuffersadjacentuses;
(n)
Energy
efficiency,
water
efficiency,
and emissions
reduction;
(o)
Air Quality
Impact
Assessment
including,
but not limited
to, pollution,
dust, fumes, smoke,
and odours;
(p)
R,etail impacts
of a proposed
commercial
development,
including
but not limited to, the
effects of additional
competition,
traffic
impacts,
effects on tenancy,
and potential impacts to
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 4
(q)
Socio-economic
impacts
affecting
the day-to-day
quality
of life of people
and communities,
including
direct
and indirect
economic
impacts,
demographics,
affordable
housing,
housing
choice, local services,
and socio-cultural
issues;
(r)
Construction
management
plan outlining
the staging,
implementation
schedule,
and
duration
of
construction
for any
proposed
development
including
proposed
impact
mitigation;
and
(s)
Other studies
as deemed
necessary
by the Manager
to permit
a full understanding
of the
impact
of the proposed
activity
or development
on the community.
Preparation
of the Terms
of Reference
11
(1)
TheApplicantwillberequiredtoworkwithStafftoreviewandconfirmthescopeofthe
report
or impact
study
in accordance
with
any relevant
Terms
of Reference
for Professional
Reports.
(2)
The Manager
may require
that the Applicant
provide,
at the Applicant's
expense,
documents,
plans, and development
approval
information
in a report
that is certified
by a
Qualified
Professional,
which:
(a)
complies
with and fully addresses
the relevant
assessments;
(b)
identifiesanddefinesthecontext,magnitudeandsignificanceoftheanticipatedimpacts
of the
activity
or
development
on
the community,
as
well
as
the
methodology,
assumptions,
acceptability
thresholds,
and
how
the
anticipated
impacts
may
cumulatively
contribute
to existing
circumstances
and risks;
(c)
provides
recommendations
for conditions
or requirements
that Council
or the Manager
may impose
to mitigate
or ameliorate
the anticipatedimpacts;
(d)
provides
recommendations
and details
costs for modifications
to the environment,
or
construction
of works,
to mitigate
or ameliorate
the anticipated
impacts;
and
(e)
is prepared
to the satisfaction
ofthe
Manager.
(3)
The Manager
is authorized
to establish
and revise the required
information,
documents,
plans, and development
approval
information
needed
for each type of application
pursuant
to this Bylaw.
The Manager
is authorized
to establish
and revise the size, form and quality
of
information,
documents,
plans, and development
approval
information
needed
to assist in
reviewing
or processing
the application.
(4)
The Manager
is authorized
to
waive
any
of
the information,
documents,
plans,
and
development
approval
information
if, at their
discretion,
the information
is not required
to
assist in reviewing
or processing
the application.
Selection
of Personnel
12
(1)
The Applicant
will be required
to provide
the reports
and impact
studies
prepared
by
Qualified
Professionals
at
the Applicant's
expense
in accordance
with
the
District's
specifications
for Terms
of Reference
for Professional
Reports.
(2)
If required
by the Manager,
a Qualified
Professional
shall certify
all documentation
including
drawings,
reports,
security
estimates,
technical
letters,
and other
documentation
submitted
to the Manager
for the purposes
of reviewing
the application.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 5
(3)
The Manager
may review
all documents
and design
wings
to ve a
gene
comp
ce
with
the requirements
but will not necessarily
check the adequacy
or accuracy
of the
Qualified
Professional's
design.
Any errors
or omissions
will be the sole responsibility
of
the Qualified
Professional
who has certified
the documents
and design drawings.
13
The District
may require
an independent
review
of the study
results
in certain
circumstances,
at
the Applicant's
expense, including
but not limited
to staff capacity
and to ensure
the timely
review
of the study results
and application
processing
timelines.
If an independent
review
is
required,
the Applicant
will be invoiced.
Incomplete
or Deficient
Reports
14
If it is determined
by the Manager
that a report
containing
development
approval
information
is
outdated,
incomplete,
or
deficient,
the
Applicant
will
be
notified
in
writing
the
nature
of
deficiencies
and the timeframe
to resubmitthe
corrected
report.
Presentation
of Reports
or Impact
Studies
IS
The Manager
may request,
at the Applicant's
expense,
the presentation
of the report
or impact
study
to Council,
the community,
or Staff by the Qualified
Professional(s)
that prepared
the
document.
Publication
of Information
16
The District
may distribute
and publish
a report
containing
development
approval
information
requested
under
this Bylaw.
PART 3 - NOTICE, PUBLIC INFORMATION
MEETINGS,
AND REFERRALS
Notice
of Application
Sign
17
ANoticeofApplicationSignshallbepostedinaccordancewithSchedule'A'ofthisbylaw.
Notification
18
(1)
Where
a notice
is required
to be mailed
or delivered
to owners
and tenants,
pursuant
to
the
Local
Government
Act,
the
District
will
provide
notice
to
owners
and
tenants
in
occupation
of parcels
within
100 metres
from any boundary
of any subject
property
of the
application
or proposed
bylaw.
(2)
Where
notification
is not required
by the Local GovernmentAct,
the District
will provide
notification
to owners
and tenants
as follows:
(a)
The District
will provide
notification
for delegated
minor
Development
Variance
Permits
to be mailed
or otherwise
delivered
to owners
and tenants
in occupation
of
parcels
within
100 metres
from the boundaries
of the subject
application
at least 10
Days prior
to the consideration
of the application.
(b)
The District
will make reasonable
efforts
to notify
adjacent
residents
of an
Applicant's
request
to
undertake
a
Comprehensive
Development
Plan. Methods of
notification
may include
but
are
not
limited
to
direct
mail
outs, newsletters,
advertisements
in the newspaper,
or notices
on the District's
website.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 6
c)
en a pu
c a
rmation
meeting
is requ
e
ct,
e
pp
provide
notice
of the
meeting
to
properties
within
100
metres
from
the subject
application
at least 10 Days prior
to the meeting.
Public
Information
Meetings
19
(1)
An Applicant
may be requested
to hold a Public Information
Meeting,
as outlined
in
Schedules
'B' and 'C', prior
to OCP amendments
or rezoning
applications
with
potential
for
major
impact
(such as on sites greater
than Iha in area or in especially
prominent
locations)
being considered
by Council
to provide
an additional
opportunity
for the public
to access information
and to inquire
about
the proposal
beyond
that available
through
the,
standard
application
processes.
(2)
When
a public
information
meeting
is held by the Applicant,
it is the responsibility
of the
Applicant
to arrange
and conduct
the meeting
at a location
that is approved
by Staff,
accessible
to individuals
with disabilities,
and in Ucluelet
or on a virtual
meeting
platform,
at their
expense.
(3)
As determined
by the Manager,
the Applicant
must
advertise
the meeting
in a local
newspaper
or alternate
means at least 10 Days prior
to the meeting
at their
expense.
(4)
After
the meeting
is held, Applicants
must submit
a report
to the District
summarizing
the
meeting
including
the following
information:
(a)
Location,
time, and duration
of meeting;
(b)
Number
of attendees;
(c)
Proof
of how the meeting
was advertised;
(d)
Information
provided
at the meeting;
and
(e)
A summation
of questions
raised
and major
discussion
points.
(5)
Council
may request
the Applicant
conduct
additional
public
consultation
to seek
additional
community
feedback
regarding
the proposed
application,
the cost of which will
be the responsibility
of the Applicant.
Agency
Referral
Process
20
(1)
Whenreviewingapplications,Staffwilldevelopareferrallistofagencies,organizations,
or levels of government
that the application
may be sent to for review and comment. Each
agency, organization,
or level of government
shall be given a minimum of twenty-one (21)
Days after the date of the referral
to provide
any comments.
(2)
Applications
for OCP amendment,
rezoning,
or subdivision
of properties
greater than
0.8ha in area which
intersect
with
areas of high archaeological
or cultural potential
identified
in the OCP will be referred
to the Yuu#u?i+?ath
Government
with a minimum of
thirty
(30) Days after the date of the referral
for review
and comment.
(3)
Requests
from an agency
to extend
the referral period may be granted at the discretion
of the Manager.
District
of Ucluelet
DevelopmentApplication
Procedures
Bylaw
No. 1350, 2024
Page 7
Security
Requirement
21
Pursuanttothe[oca/(rovernment,4ctandtheOCP,securitymayberequiredasaconditionof
per-mit-issuance
for the following:
(a)
Landscaping
("Landscape
Security");
(b)
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");
and
(c)
To guarantee
the performance
of the terms
of a permit
("Performance
Security").
Phased
Landscape
22
Plansmaybeapprovedforlarge-scaledevelopmentsatthediscretionoftheManagertoenable
the completion
of the landscape
plan in phases and the submission
of the related
security
deposit
at each phase. The Applicant
is required
to request
a phased
approach
to the execution
of the landscape
plan at the time of Development
Permit
application,
clearly
identifying
on the
submitted
landscape
plan the proposed
phases and related
cost estimates
for each phase.
Form
of Security
23
Securitywillbeprovidedintheformofanautomaticallyrenewingirrevocableletterofcredit,
bank draft, or in a form satisfactory
to the Manager.
Amount
of Security
24
The amount
of security
will be calculated
and submitted
by a Qualified
Professional
at the
Applicant's
expense,
to the satisfaction
of the Manager
using the following:
(a)
ForLandscapeSecurity,theamountofsecuritywillbel25%ofanestimateorquoteofthe
cost of works,
including
but not limited
to: inspections,
monitoring,
maintenance,
hardscaping,
irrigation,
labour,
and plantings
materials.
(b)
For Remediation
Security,
the amount
of security
will be 125o/o of an estimate
or quote of
the cost of works,
including
but not limited
to: inspections,
monitoring,
maintenance,
irrigation,
labour,
and planting
materials.
(c)
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:
(i)
the nature
of the permit
condition;
(ii)
the nature
of the unsafe
condition
or damage;
and
(iii) the cost to the District
of entering
the land to undertake
the work
to correct
the unsafe
condition
or restore
and enliance
the natural
environment,
including
the cost of
repairing
any damage
to land that may have been caused
by the unsafe condition
or
that may have occurred
in connection
with
the repair
work.
(d) ForPerformanceSecurity,theamountofsecuritywillbel25o/oofanestimateorquoteof
the cost of works
to guarantee
the performance
ofthe
terms
of the permit.
Such works
may
include
but are not limited
to: inspections,
monitoring,
maintenance,
irrigation,
labour,
planting
materials,
and works
required
to restore
the land or remove
any temporary
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 8
Return
of Security
25 (1)
IfapermitiscancelledbytheApplicantandnoworkhasoccurredrelatedtothe
security
deposit,
the security
deposit
will be returned
to the Applicant
at the approval
of
the Manager.
(2)
Unless otherwise
stated
in this Bylaw,
the District
will return
the security
when written
request
has been submitted
by the Applicant
and includes
a satisfactory
substantial
completion
report
by a Qualified
Professional,
or other
professional
for small scale works
approved
by the Manager,
certifying
that:
(a)
The works
have been completed
in substantial
compliance
with
the approved
plan(s).
(b)
The unsafe
condition
or damage
to the natural
environment
has been corrected.
(3)
The Substantial
Completion
Report
must be signed
and sealed by a Qualified
Professional
and include
the following
at a minimum:
(a)
The date and drawing
number
of the plan reviewed
by the Qualified
Professional;
(b)
Date(s)
of inspection
by the Qualified
Professional;
(c)
A statement
from the Qualified
Professional
that the completed
works
substantially
comply
with
the approved
plan;
(d) For Landscape
Security,
identification
of conformance
to approved
species, quantity
of
materials,
scale, and number
of plants,
irrigation
systems,
composition
and depth of
soils and features
(including
hard landscaping)
as shown
on approved
drawing(s)
and
installation to British Columbia Society of Landscape Architects (BCSLA) /British
Columbia
Landscape
& Nursery
Association
(BCLNA)
standards;
(e)
A description
of all deviations
from the approved
plan(s)
with a rationale
for the
changes
and whether
the changes
meet the intent
of the approved
plan(s);
and
(f)
The request
of the amount
of funds to be released.
(4)
Upon receipt
of a Substantial
Completion
Report,
the District
may conduct
a site
inspection
to verify
that the works
are installed
in accordance
with the approved
plans.
(5)
Should
there be any deficiencies
identified
in the Substantial
Completion
Report
or
should
the District
find any discrepancies
or deficiencies
during
an inspection,
an
inspection
report
will be issued
to the Applicant
and the security
will be retained
until
the
deficiencies
have been addressed.
Any changes
to the approved
plans will require
approval
of the District
prior
to installation
of any works.
Depending
on the level of non-
conformance
with
the approved
plans, Council
approval
of the revised
plan(s)
may be
required
through
an amended
permit
application
prior
to the release
of the security.
(6)
Site inspections
and final acceptance
by the District
of the installation
of plant
material,
Sodding,
or seeding,
will not be carried
out during
the plant dormancy
period
between
November
15th
and April
15th,
unless otherwise
approved
by the Manager.
(7)
Upon completion
of any items outlined
in an inspection
report,
the Applicant
shall
notify
the District
to arrange
a further
inspection
in order
to obtain
a final release
of the
security.
(8)
Upon substantial
completion,
the District
will return
a portion
of the security
deposit.
District
of Ucluelet
DevelopmentApplication
Procedures
Bylaw
No. 1350, 2024
Page 9
e District
o
o
e
security
eposit
or
o
e
e o
so
landscaping,
whichever
is greater,
as a maintenance
bond for up to two growing
seasons
to
ensure
that the work
has been fully
implemented
and demonstrated
to function
(ecologically
or as designed).
Pat Lial ReLui
irof-L-autlhcape
Seui
iLy
26
(1)
The District
may return
a portion
of the Landscape
Security
upon receipt
of a report
from a Qualified
Professional.
The report
must include
the following:
(a)
Evidence
that the total landscaping
is 50o/o complete
and substantially
complies with
the approved
landscape
plan;
(b)
Evidence
that the perimeter
landscaping
is 100%
complete
as required
by the
approved
landscape
plan for any portion
of the subject
property
that includes
street
frontage;
(c)
The date and drawing
number
of the landscape
plan reviewed
by the Qualified
Professional;
Date(s)
of inspection
by the Qualified
Professional;
Evidence
of conformance
to approved
species,
quantity
of materials,
scale and number
of plants,
irrigation
systems
and features
(including
hard landscaping)
as shown
on
approved
drawing(s)
and installation
to British
Columbia
Society
of Landscape
Architects (BCSLA) /British Columbia Landscape & Nursery Association (BCLNA)
standards;
(f)
Identification
of all deviations
from the approved
landscape
plan;
(g)
The submission
of a revised
landscape
plan and cost estimates
for the
remainder
of the works
to be completed
for the approval
of the Manager;
and
(h)
The request
for the amount
of funds to be released.
(2)
When
considering
a request
for partial
release,
Staff will consider
the visual impact and
safety
of the remainder
of the site as well as the public
interface
areas prior
to approving a
partial
return
request.
(3)
Iftherequestforthepartialreturnofsecurityisapproved,theDistrictwillreturn50%
of the original
cost estimate
or quote and will withhold
a portion
of the original
cost
estimate
as a maintenance
bond as set out in Section
25(8).
(4)
The partial
return
of the landscape
security
will occur only once per security
deposit
unless as otherwise
approved
by the Manager.
PART
5 - TIME
LIMITS,
RE-APPLICATIONS,
AND CHANGE
OF OWNERSHIP
Lapses
27
(1)
TheDistrictonlyacceptscompleteapplications.IfStaffdeterminethatanapplicationis
incomplete
during
the initial
review,
the application
will be placed on hold and the
Applicant
will be requested
to provide
the required
information.
If an Applicant does not
provide
the required
information
within
three (3) months
of the request, the file will be
closed and the application
and fee will be returned
in accordance
with the District of
Ucluelet
Fees and Charges
Bylaw.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350, 2024
Page 10
2
(3)
(4)
In the case of applications
that have been delegated
to the Manager,
if final approval
of
the application
is not granted
within
one (1) year after a written
request
from the Manager
to submit
any outstanding
items, the application
will be deemed
to be abandoned
and may
be closed.
(5)
In order
for an application
that has lapsed
under
Sections
27(1)
to (4) to proceed,
a new
application
and fee will be required.
(6)
For a bylaw
amendment,
upon written
request
from the Applicant
received
30 Days
prior
to the lapse of the application,
Council
may extend
the deadline
for a period
of one
(1) year by passing
a resolution
to that effect
to enable the Applicant
to complete
the
requirements
for final adoption.
A maximum
of two (2) one-year
time extensions
may be
granted
by Council.
If Council
decides
to deny an extension
request
or the Applicant
has
received
two (2) one-year
time extensions
and still has not met the requirements
for final
adoption
and wishes
to proceed
with
the application,
a new application
and fee will be
required
as per the District
of Ucluelet
Fees and Charges Bylaw.
Re-Application
28
(1)
SubjecttotheZ,oca/CovernrnentAct,whereanapplicationmadepursuanttothisbylaw
has been refused
by Council,
re-application
for the same amendment
or permit
will not be
accepted
for a six (6) month
period
immediately
following
the date of refusal.
(2)
Where
an Applicant
intends
to appeal
to the Council
to vary the time limit
set in Section
28 (1)
pursuant
to the Local GovernmentAct,
the Applicant
shall submit,
in writing,
a
detailed
statement
as to why the time limit
for the reapplication
should
be varied.
Change
of Ownership
29
If there is a change of ownership
of a parcel(s)
of land that is the subject
of an application
under
this bylaw,
the District
will require
updated
Land Title Certificate(s)
for the parcel(s)
of land
and written
authorization
from
the new owner(s)
prior
to proceeding
with the application.
PART
6 - DELEGATION
OF AUTHORITY
Delegation
to the Approving
Officer
30
The following
powers,
duties
and functions
of Council
are delegated
to the Approving
Officer:
(a)
The authority
to grant
an exemption
from the minimum
frontage
requirements
under
section
512 ofthe
Local GovernmentAct.
(b)
The authority
to approve
the stratification
of a previously-occupied
building
under
section 242 ofthe Strata ProperlActexcept
for a building containing a residential use or a
tourist
accommodation
use.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 11
Delegation
to the Manager
31
The following
powers,
duties
and functions
of Council
are delegated
to the Manager:
(a)
Theauthoritytorequiresecurityundersection496and502ofthe'Aoca/Government
Act.
(b)
The authority
to designate
the form of any permit
issued
under
this bylaw
as per the
Local GovernmentAct.
(c)
The authority
to designate
the form and content
of application
forms.
(d)
The authority
to create, amend, and prescribe
graphic
design templates
for
development
application
notice
signs.
(e)
The authority
to administer
this Bylaw
and require
development
approval
information.
(f)
The authority
to place conditions
on the approval
of a Land Use Permit.
(g)
The authority
to issue or amend
Development
Permits
where
there are no, or only
minor
variances
requested.
(h)
The authority
to renew
Development
Permits
that have been issued
and lapsed
provided
the permit
is consistent
with OCP and relevant
guidelines.
(i)
The authority
to issue minor
Development
Variance
Permits
in accordance
with
the
following
sub-sections:
(i)
Where
the variance
would
be minor
and would
have no significant
negative
impact
on
the use of immediately
adjacent
or nearby
properties.
In making
this determination
the Manager
must consider
the following
criteria:
(A)
Degree or scope of the variance
relative
to the regulation
from which
a variance
is
sought;
(B)
Proximity
of the building
or structure
to neighbouring
properties;
and
(C)
Character
of development
in the vicinity
of the subject
property.
(ii)
In deciding
whether
to issue a minor
Development
Variance
Permit
the Manager
must
consider
the following
guidelines:
(A)
If the proposed
variance
is consistent
with
the general
purpose
and intent
of the
zone or applicable
regulation;
(B)
There is a valid
reason,
such as hardship,
for the variance
request;
(C)
If the proposed
variance
addresses
a physical
or legal constraint
associated
with
the site (e.g., unusual
parcel
shape, environmentally
sensitive
area, topographical
feature,
statutory
right-of-way,
etc.);
(D)
If there is a community
or environmental
benefit
to the larger
community
in
granting
the variance
or it would
support
a Council
priority
(e.g. affordable
housing,
environmental
protection,
provision
of a trail statutory
right-of-way);
(E)
The variance
request
must not include
a reduction
in the required
number
of
parking
stalls except
in situations
where
an increase
in parking
spaces is
associated
with
a change
in use associated
with a business
acence app
cation
an
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 12
does not propose
additional
floor area or supports
e
housing;
(F)
If strict
compliance
with
the Zoning
Bylaw
would
be unreasonable;
and
(G)
Tftheproposedvariancewouldundulyimpactthecharacterofthestreetscapeor
surrounding
neighbourhood.
(j)
The authority
to issue Temporary
Use Permits
in accordance
with
the following
sub-
sections:
(i)
Where
the authorized
use would
have no significant
negative
impact
on the use of
immediately
adjacent
or nearby
properties.
In making
this determination
the Manager
must consider
the following
criteria:
(A)
Degree
or scope of the use relative
to the uses already
permitted
on the property;
(B)
Proximity
of the proposed
use to neighbouring
properties;
and
(C)
Characterandintensityofdevelopmentinthevicinityofthesubjectproperty.
(ii)
In deciding
whether
to issue a Temporary
Use Permit
the Manager
must consider the
following
guidelines:
(A)
If the proposed
use is consistent
with
the general
purpose
and intent
of the
zone and/or applicable regulation;
(B)
There
is a valid reason
for the use in its proposed
location;
(C)
If there is a community
or environmental
benefit
to the larger
community
in
permitting
the use or it would
support
a Council
priority
(e.g., temporary
housing,
environmental
protection,
construction
facilities,
economic
diversity, cultural
events);
(D)
If locating
the proposed
use on other
lands already
zoned for the proposed use
would
be unreasonable;
(F)
The duration
of the proposed
temporary
use; and,
(G)
If the proposed
use would
unduly
impact
the character
of the streetscape or
surrounding
neighbourhood.
(k)
The authority
to provide
a recommendation
on a Liquor
or Cannabis licensing referral that
does not require
a Council
resolution.
Referral
to Council
32
(1)
The Manager
may refer a delegated
Land Use Permit
to Council
if, in the opinion of the
Manager,
it would
be in the public
interest
to instead
have the application
considered by
Council.
(2)
The Manager
may refer a delegated
Form and Character
Development
Permit to Council
if the proposed
development
is in a prominent
location
where
the development
would
have a noticeable
impact
on the streetscape
or other
public
lands.
(3)
The Manager
will refer a permit
application
to Council
if the Manager
determines that
the permit
could not be approved
at the Staff level.
District
of Ucluelet
Development
Application
Procedures
Bylaw No. 1350, 2024
Page 13
(4)
The Manager
will refer a Development
Variance
Permit
to Council
in the following
circumstances:
(a)
The proposed
variance
does not meet the criteria
of minor;
(b)
The proposed
variance
is in conjunction
with
a Development
Permit
application
that is
not delegated
to Staff; or
(c)
The proposed
variance
meets the criteria
of minor,
but in the opinion
of the Manager,
it would
be in the public
interest
to instead
have the application
considered
by Council
(5)
The Manager
will refer a Temporary
Use Permit
to Council
in the following
circumstances:
(a)
The proposed
use may have impact
on adjacent
properties;
(b)
The proposed
use is in conjunction
with
a Development
Permit
application
that is not
delegated
to staff; or
(c)
The consideration
of the proposed
use, in the opinion
of the Manager,
would
be in the
public
interest
to be considered
by Council.
Appeal
to Council
of a Staff
Decision
Note this section may apply to conditions placed on a permit or the requirement of securiff.
33
(1)
Withinl4Daysofbeingnotifiedinwritingofthedecisionofadelegateunderthis
Bylaw,
an Applicant
may, at no charge,
request
that Council
review
the decision.
(2)
The Applicant
must give written
notice
to the District
Corporate
Officer
setting
out the
grounds
on which
the Applicant
considers
the decision
to be inappropriate,
including
the
specific
decision,
and what
decision
Council
should
use as a substitute.
(3)
The District
Corporate
Officer
will notify
the delegate
of the request(s)
for appeal and
the delegate
will, prior
to the date of the meeting
at which
the appeal
will occur, provide
a
written
memo setting
out for Council
the rationale
for their
decision.
(4)
The District
Corporate
Officer
will place the request(s)
for appeal on the agenda of a
meeting
of Council
to be held as soon as reasonably
possible.
(5)
The District
Corporate
Officer
will notify
the Applicant
of the date of the meeting
at
which
the appeal
will be considered.
(6)
Council
will review
the information
provided
by the Applicant
and Staff, and either
confirm
the decision
made by Staff, or substitute
its own decision
including
conditions.
PART
7 - ADMINISTRATION
Schedules
34
The following
schedules
are attached
to and form part of this Bylaw:
(a)
Schedule
'A' - "Notice
ofApplication
Sign" Requirements;
(b)
Schedule
'B' - General
Procedures;
(c)
Schedule
'C' - Amendment
to an Official
Community
Plan Bylaw
or Zoning
Bylaw;
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 14
Permits and/or Temporary Use Permits);
(e)
Schedule
'E' - Referrals
from the Liquor
and Cannabis
Regulation
Branch
(LCRB) for a
Liquor
License
or Cannabis
License;
and
(f)
Schedule
'F' - Preparation
of Phased Development
Agreements.
Severability
35
Ifanysection,subsection,sentence,clauseorphraseformingpartofthisBylawisforany
reason
held to be invalid
by the decision
of any Court of competent
jurisdiction,
the invalid
portion
shall be severed
from the Bylaw
without
affecting
the validity
of the Bylaw or any
remaining
portions
of the Bylaw.
Repeal
36 TheDistrictofUclueletDevelopmentApprovalProceduresBylawNo.1164,2015,togetherwith
any amendments
is hereby
repealed.
READ A FIRST TIME this 9' day of July, 2024.
READ A SECOND TIME this 9" day of July, 2024.
READ A THIRD TIME this 9'h day of July, 2024.
ADOPTED this 30' day of July, 2024.
CERTIFIED
CORRECT;
"District
of Ucluelet
Development
Application
Procedures
Bylaw No. 1350,
2024".
4")i-C,
Marilyn
McEwen
Mayor
Duane Lawrence
Corporate
Officer
THE CORPORATE
SEAL of the
District
of Ucluelet
was hereto
affixed
in the presence
of:
Corporate
Officer
District
of Ucluelet Development Application Procedures Bylaw No. 1350, 2024
Page 15
e
"Notice
of Application
Sign" Requirements
Installation
I
InrespectofanapplicationforanOCPBylawAmendment,ZoningBylawAmendmentorLandUse
Permit
the Applicant,
attheir
cost, must
install
a Notice
ofApplication
Sign in accordance
with
this
Bylaw.
Timing
2
The Notice of Application
Sign must
be posted
within
10 Days of an application
being
accepted
as
substantially
complete
by Staff.
Design
3
The design of the sign shall be in a form prescribed
by the Manager.
Preparation
4
The Notice of Application
Sign(s)
will be provided
by the District.
The Applicant
shall provide
a
deposit
for each sign, which
will be returned
to the Applicant
upon return
of the sign(s)
in good
re-useable
form.
Posting
S
The posting
of the Notice
of Application
Sign is the responsibility
of the Applicant.
The sign must
be installed
in a sound workmanlike
manner
and must be capable
of withstanding
wind and
weather.
Once the sign is posted,
the Applicant
shall demonstrate
proof
to Staff of the posted
sign
within
10 Days of Staff approval
of the mock-up.
Siting
6
All Notice of Application
Signs shall be placed on the property
at a setback
of no more than 3
metres
from the front
property
line as demonstrated
in the below
diagram.
The sign must face the
street
and be clearly
visible.
All proposed
sign locations
must be verified
by District
Staff prior
to
installation.
The sign must be located
so as not to interfere
with pedestrian
or vehicular
traffic,
or
obstruct
visibility
from streets,
lanes, walkways,
or driveways
to create a hazard.
Sign Placement
'
a l-:'
I ! -X
Corner
Lot
Interior
Lot
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 16
Number
of Signs
7
The Applicant
shall post a minimum
of one (1) Notice of Application
Sign. For large parcels
with
over
200
metres
of street
frontage
or
frontage
on
more than
one
street,
one
(1)
Notice
of
Application
Sign shall be required
for each adjoining
street
and each 200 metres
of street
frontage,
to a maximum
of three signs.
Maintenance
8
It is the responsibility
of the Applicant
to ensure
the sign(s)
remain
intact
and visible
as per the
sign siting
specifications
until
such time the sign can be removed,
in accordance
with
Section
10.
AmenJiiieiilb
Lu Application
9
If any significant
amendments
are made to the application,
the Applicant
may be required
to install
new sign(s)
reflecting
the change
in application.
Sign Removal
10
(1)
TheNoticeofApplicationSignshallberemovedbytheApplicantwithinseven(7)Days
following:
(a)
The conclusion
of the public
hearing
or adoption
of the amending
bylaw
if a public
hearing
is not required;
(b)
The final consideration
of an application
by Council;
(c)
The authorization
of the application
under
delegated
authority;
or
(e)
The abandonment
of the application.
(2)
The Applicant
shall be responsible
for returning
the sign to the District.
Failure
to Post,
Maintain
or Remove
II
(1)
FailuretopostandmaintaintherequiredNoticeofApplicationSign(s)inaccordance
with
this Bylaw
may result
in the postponement
of any Public Information
or Council
meeting
and any costs associated
with
the postponement
will be borne
by the Applicant.
Non-compliance
with
this section
due to the removal,
destruction,
or alteration
of the sign
byvandalism
or natural
occurrence
shall not affectthe
validity
ofthe
application
or
postpone
a Public Information
or Council
meeting
as long as reasonable
efforts
have been
taken
by the Applicant
to maintain
the sign.
(2)
Failure
to remove
the sign as required
may result
in the sign being removed
at the
expense
of the Applicant.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 17
Schedule
'B
General
Procedures
The information
in these schedules
is meant
as a general
guide to the processing
procedure
and is not
to be regarded
as granting
the right
to development
approval
xi the steps indicated
are followed.
Due to the unique, specific conditions of each site and each development proposal, an Applicant may find
that information presented in support of their application may trigger the need for other studies or
information to enable complete assessment of the development and its impacts.
Application
Requirements
1
Application
requirements
are specified
on the District
of Ucluelet
Development
Application
Form.
Processing
Procedure
2
An amendment
application
submitted
in accordance
with
this Bylaw
will be substantially
processed
as follows:
(a)
The Applicant
will have a Pre-Application
Meeting
to discuss the proposal
and
application
requirements
with
Staff prior
to submitting
a formal
application
to the District.
(b)
Staff will review
the application
to determine
whether
it is complete,
and, if incomplete,
will return
the application
and request
the required
information
from the Applicant.
(c)
Staff will review
the proposal
for compliance
with
relevant
District
bylaws
and policies
and may meet with the Applicant
(as required).
Staff may conduct
a site visit(s)
as part of
the evaluation
process.
(d)
Staff may prepare
a Permission
to Proceed
report
to Council
to introduce
the
application
and seek preliminary
direction
regarding
the application
including
referral
and
other
matters
as required.
(d)
The Applicant
will post a Notice
of Application
Sign as per Schedule
'A' of this Bylaw.
(e)
Staff will refer
the application
to all applicable
District
departments,
Development
Review
Team, government
ministries,
agencies,
and organizations.
(f)
Staff may prepare
a Comprehensive
Letter(s),
incorporating
feedback
received
from
the referral process to identify preliminary development conditions/requirements
which
will be sent to the Applicant
to:
(i)
resolve
conditions
or requirements
identified
in the Comprehensive
Letter(s);
(ii)
submit
any necessary
reports
or studies;
and
(iii) complete
any required
approvals.
(g)
The Applicant
must address
the items in the Comprehensive
Letter
and may wish to
revise
the application
accordingly.
(h)
Staffwillmailorotherwisedelivernoticestoadjacentpropertyownersasperthis
bylaw
and as per requirements
of the Local GovernmentAct.
When required,
notice
will
also be published
pursuant
to the Local GovernmentAct.
District
of Ucluelet
DevelopmentApplication
Procedures
Bylaw
No. 1350,
2024
Page 18
(i)
Staff will prepare
a technical
report,
incorporating
feedback
received
from the referral
process,
the community
and any recommendations
from the Development
Review
Team.
(j)
If the Manager
refers an application
to Council
per this Bylaw, the Applicant
will be
notified
when the report
is published
on a Council
meeting
agenda. The Applicant
will be
provided
an opportunity-to
address
€,ouncil
in-the meeting
when
their
applicatio
introduced.
District
of Ucluelet
Development
Application
Procedures
Bylaw No. 1350, 2024
Page 19
Schedule
'C'
Amendment
to an Official
Community
Plan
Bylaw
or Zoning
Bylaw
rezoning
applications
- i.e., where amendment
bylaws
are adopted
by Council.
Consultation
I
An
application
for
an
amendment
to
the
OCP
will
include
one
or
more
opportunities
for
consultation
with persons,
organizations,
and authorities
the District
considers
affected
by the
application
as per the Local GovernmentAct.
The opportunity
for consultation
will be considered
for each amendment
application
and will be outlined
within
Staffs
technical
report
to Council.
Processing
Procedure
2
(1)
Processing
of the application
will initially
follow
the procedures
outlines
in Schedule
'B'.
(2)
For larger
applications
(e.g., on sites greater
than Iha in area) or in especially
prominent
locations
in town,
the applicant
is encouraged
to host a Public Information
Meeting
at their own expense
prior
to the amending
bylaw
being considered
by Council.
If
held, the Applicant
is to conduct
the public
information
meeting
in accordance
with
the
requirements
of Section
19 of this bylaw.
(3)
Council
will receive
the technical
report,
and if Council
decides
to proceed
with
the
amendment
application,
the amending
bylaw
may be given readings.
Council
may
alternatively
decide to postpone
or deny the application.
(4)
For a rezoning
application
where
the proposed
zoning
bylaw
is consistent
with
the
OCP, Staffwill
publish
and give notice ofthe
amending
bylaw(s)
advising
ofthe
date ofthe
first reading
of the bylaw
in accordance
with
the Local GovernmentAct.
(5)
Should
the amending
bylaw
receive
readings,
and should
Council
decide that a public
hearing
be held prior
to third
reading
to permit
the public
to comment
on the application
pursuant
to the Local GovernmentAct
and as per this Bylaw,
notice(s)
of the amending
bylaw(s)
will be published
pursuant
to the Local GovernmentAct.
Note that for a rezoning
application
for residential
development
where
the proposed
zoning
bylaw
is consistent
with
the OCP, a public
hearing
may be prohibited
by the Local GovernmentAct.
(6)
Council
may proceed
with
third
reading
of the amending
bylaw
(including the
imposition
of conditions),
postpone
or deny the application.
Upon third
reading,
an
amendment
bylaw
may need to be referred
to the relevant
provincial
minister(s)
for
signature
before
proceeding
to adoption.
(7)
Once all of the conditions
identified
at third
reading,
if any, have been addressed,
Council
will consider
adoption
of the bylaw(s).
(8)
Once the minutes
of the Council
resolution
have been prepared,
the Applicant will be
notified
of the outcome.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 20
Schedule
'D'
Land
Use Permits
(Development
Permits,
Development
Variance
Permits,
and Temporary
Use
Permitsl
applications - i.e., where permits may be issued by staff or Council.
1
Processing
of the application
will initially
follow
the procedures
outlines
in Schedule
'B'.
2
AllLandUsePermitapplicationsandtechnicalreportswillbereferredtotheManagerfor
consideration.
3
IftheManagerreferstheapplicationtoCouncilasperthisBylaw,Councilwillreceivethe
permit
application
and technical
report
for consideration.
Council
may authorize
the issuance
of the permit
or authorize
the issuance
of the permit
with
conditions.
Councilmay
alternatively
decide
to postpone
or deny the application.
4
If a Development
Permit
application
includes
a request
for a variance(s),
the request
may be
considered
by Staff or Council
as a parallel
Development
Variance
Permit
in conjunction
with
the Development
Permit
application
pursuant
to requirements
of this Bylaw
and the Local
GovernmentAct.
Additional
fees will be required
as per the District
of Ucluelet
Fees and Charges
Bylaw.
5
The Applicant
will be notified
of the decision
regarding
the application.
6
If a Land Use Permit
is granted,
a Notice
of Permit
will be registered
against
the title of the
property
at the Land Title Office by Staff.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 21
Schedule
'E'
Referrals
from
the Ijquor
and Cannabis
Regulation
Branch
(LCRBJ for a Liquor
License
or
Cannabis
License
0
0n IS m
aS a gene
gul e
e processing
granting
the right
to development
approval
if the steps indicated
are followed.
Application
Requirements
I
(1)
Applicants
must review
the Liquor
and Cannabis
Regulation
Branch
(LCRB)
requirements
prior
to submitting
a Liquor
License
or a Cannabis
License
application
to the
District.
The LCRB specifies
application
requirements
and when
local governments
are
required
to comment
on liquor
license
applications.
(2)
Application
requirements
are specified
on the District
of Ucluelet
Development
Application
Form.
Processing
Procedure
for Liquor
Licenses
and Cannabis
Licenses
2
A Liquor
License
Application
submitted
in accordance
with
this Bylaw
will be substantially
processed
as follows:
(a)
The Applicant
will have a Pre-Application
Meeting
to discuss
the proposal
and
application
requirements
with
Staff prior
to submitting
a formal
application
to the District.
(b)
Staff will review
the application
to determine
whether
it is complete,
and, if incomplete,
will request
the required
information
from the Applicant.
(c)
Upon receipt
of a complete
application
submitted
in accordance
with the requirements
of this bylaw,
Staff will issue a receipt
to the Applicant.
Applicants
are required
to
demonstrate
proof
of application
to the LCRB prior
to municipal
consideration.
The LCRB
may forward
a summary
report
to the District
prior
to the District's
review
of the
application.
(d)
Staff will review
the proposal
for compliance
with relevant
District
bylaws
and policies
and may meet with
the Applicant
(as required).
Staff may conduct
a site visit(s)
as part of
the evaluation
process.
(e)
Staff may refer the application
to all applicable
District
departments
and Development
Review
Team (DRT).
(f)
Staff may prepare
a Comprehensive
Letter(s),
incorporating
feedback
received
from
the referral process to identify recommended conditions and requirements which will be
sent to the Applicant.
(g)
In order
to obtain
public
input,
the District
may, in accordance
with
the Liquor
Control
and Licensing
Act and the Cannabis
Control
and Licensing
Act:
(i) Advertise
the proposal
in one edition
of a local newspaper
to solicit
written
comments
on the application
from the public.
Such comments
shall be submitted
in
writing
to the Manager
within
fourteen
(14) Days of the publication
of the notice.
(ii) Send notifications
to adjacent
property
owners
in accordance
with
this bylaw.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 22
(h)
If a Council
resolution
is required
as per the LCRB, Staff
a
prepare
a techni
report
for Council's
consideration,
incorporating
feedback
received
from the referral
process,
the
community,
and any recommendations
from the Development
Review
Team (DRT) and in
accordance
with the criteria
local governments
must consider
as per guidelines
specified
by the LCRB.
(i)
If a Council
resolution
is required
as per the LCRB, Council
will receive
the technical
report,
and Council
will make a recommendation
to the LCRB by passing
a resolution
to
either
approve
or deny the application.
(j)
Once the minutes
of the Council
resolution
have been prepared,
the Applicant
will be
notified
of the outcome.
Staff will forward
the Council
resolution
to the LCRB for their
final
review
and approval.
(k)
If a Council
resolution
is not required
per the LCRB, the Manager
will review
the
Application
and any feedback
received
from the review
and may provide
a
recommendation
to the LCRB for their
review
and final approval.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 23
Preparation
of Phased
Development
Agreements
1
If a Phased Development
Agreement
is required,
it may be processed
concurrently
with a
ZoninB ByLiw Am
a
the following
additional
steps:
(1)
The Applicant
will be required
to work
with
Staff to develop
a Terms
Sheet identifying
the basic conditions
to be outlined
in the Phased
Development
Agreement.
Such
conditions
include,
but are not limited
to, the lands affected
and intent
of the agreement,
timing,
amenities,
features,
servicing,
phasing
of the development,
and terms
for
abandoned
or stalled
developments.
Other
conditions
may be required
and will be
determined
on a site-specific
basis.
(2)
The Applicant
will submit
the draft
Terms
Sheet to the District
who will refer it to
applicable
District
departments,
government
ministries,
agencies,
organizations
and the
Development
Review
Team.
(3)
Staff will prepare
a technical
report
to the Manager
for consideration
of the Terms
Sheet.
Once the basic conditions
in the Terms
Sheet have been agreed
upon, the Applicant
will
be directed
to draft the Phased
Development
Agreement,
at the Applicant's
expense,
and
submit
the agreement
to the District.
(4)
Staff will refer the draft Phased
Development
Agreement
to all applicable
District
departments,
government
ministries,
agencies,
organizations,
and may refer
the draft
Phased Development
Agreement
to a solicitor.
(5)
StaffwillprepareatechnicalreportforCouncil'sconsiderationonthedraftPhased
Development
Agreement,
incorporating
feedback
received
from the referral
process,
the
community
and any recommendations
from Development
Review
Team (DRT).
(6)
Notices
of the amending
bylaw(s)
will be given advising
of the date of the first reading
of
the bylaw
in accordance
with
the Local GovernmentAct.
(7)
If Council
wishes
to proceed
with
the Phased
Development
Agreement,
the Phased
Development
Agreement
bylaw
will be given first reading
and second
reading
(including
the placement
of conditions,
where
appropriate).
Council
may alternatively
decide to
postpone
or deny the application.
(8)
Should
the Phased Development
Agreement
Bylaw
receive
first and second
readings
and
Council
decides
that a public
hearing
be held to permit
the public
to comment
on the
application
pursuant
to the Local GovernmentAct
and as per this Bylaw,
notice(s)
of the
amending
bylaw(s)
will be published
pursuant
to the Local GovernmentAct.
(9)
Following
the close of the public
hearing,
Council
may proceed
with
third
reading
of the
amending
bylaw
(including
the imposition
of conditions),
postpone
or deny the
application.
(10)
Once the Applicant
has adequately
addressed
all of the conditions
identified
at third
reading
(if any), Council
will consider
adoption
of the Phased Development
Agreement
bylaw(s).
(11)
If a Phased Development
Agreement
is entered
into, a Notice
of Permit
will be registered
against
the title of the property
at the Land Title Office by Staff.
(12)
Amendments
to an approved
Phased Development
Agreement
may occur pursuant
to the
Local GovernmentAct.
District
of Ucluelet
Development
Application
Procedures
Bylaw
No. 1350,
2024
Page 24