Development Approval Procedures Bylaw No. 2317, 2019 — full text

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CONSOLIDATED VERSION OF CITY OF WILLIAMS LAKE DEVELOPMENT APPROVAL PROCEDURES BYLAW NO. 2317, 2019 & SUBSEQUENT AMENDMENTS THERETO (For convenience only) CITY OF WILLIAMS LAKE BYLAW NO. 2317 BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO ADOPT DEVELOPMENT APPROVAL PROCEDURES. WHEREAS pursuant to Section 460 of the Local Government Act, a local government 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 Local Government Act; AND WHEREAS Council wishes to establish a new Development Approval Procedures Bylaw pursuant to the Local Government Act, Land Title Act, Strata Property Act, and Community Charter, under which an owner of land may apply for an amendment to the Official Community Plan or Zoning Bylaw, or for the issuance of a subdivision approval or a permit; AND WHEREAS the City may, pursuant to Section 462 of the Local Government Act, impose fees related to applications made under Part 14 of the Local Government Act; AND WHEREAS Council may, pursuant to Section 154 of the Community Charter, delegate its powers, duties and functions to its officers, employees and members, and the Council must, in certain cases, provide for the reconsideration of a delegate's decisions; NOW THEREFORE the Council of the City of Williams Lake, in open meeting assembled, hereby enacts as follows: Title 1. This Bylaw may be cited for all purposes as "City of Williams Lake Development Approval Procedures Bylaw No. 2317, 2019." Repeal 2. "City of Williams Lake Development Approval Procedures Bylaw No. 1756, 2000", and all amendments thereto, is hereby repealed. B y l a w N o . 2 3 1 7 P a g e 3 Form of Applications 3. The Director of Development Services or designate is authorized to create, update, and amend the forms for development applications, permits, and other administrative forms associated with the processing and review of the applications under this Bylaw, from time to time. Scope of Bylaw 4. Applications for the following shall be submitted to the City of Williams Lake and shall substantially be in the form as prescribed by the Director of Development Services or designate: a) Application for Subdivision; b) Application for Official Community Plan Amendment; c) Application for Zoning Bylaw Amendment; d) Application for Issuance or amendment of Development Permits; e) Application for Appeals to the Board of Variance; f) Application for Issuance or amendment of Development Variance Permits; g) Application for Issuance or amendment of Temporary Use Permits; h) Application to enter into a housing agreement; i) Application for strata title conversion; and j) Application to discharge a registered legal agreement. General Application Procedures 5. Any type of application and permit listed under this Bylaw must meet relevant legislation and City Bylaws. B y l a w N o . 2 3 1 7 P a g e 4 General Delegation of Authority 6. Pursuant to Sections 154(1) of the Community Charter, Council herein delegates jointly to the Mayor and Corporate Officer the power to sign and deliver on behalf of the City, as the authorized signatories of the City, the following agreements related to the development of land in relation to applications under this Bylaw: a) Phased development agreements entered into pursuant to Division 12 of the Local Government Act; b) Housing agreements entered into pursuant to Section 483 of the Local Government Act; c) Section 219 covenants: i. Geotechnical covenants; ii. Section 219 covenants that form part of an easement between owners, intended to prevent release of the easement without the City's consent; iii. Section 219 Land Title Act covenants outlining amenity contributions and development conditions agreed to at the time of rezoning; d) Statutory rights of way for municipal services (water, sewage and storm sewer), municipal street trees, City Staff and/or access/egress; e) Releases and modifications of agreements referred to in clauses (a) through (f) provided there is no liability on the part of the City within any agreement (or its modification) other than liabilities which do not extend beyond 5 years (including by exercising rights of renewal or extension) and other than liabilities authorized by the Counter Petition Exemption Regulation. f) The Corporate Officer may exercise their discretion to determine when it may be necessary to bring any agreement referred to in clauses (a) through (e) in front of Council. 7. Pursuant to Section 154(1) of the Community Charter, Council delegates to the Director of Development Services or designate the powers of Council to authorize the following: a) Public notification for any Development Permits, Development Variance Permits and Temporary Use Permits as required and in accordance with the Local Government Act, as amended from time to time. BL2337 (01/12/20) BL2337 (01/12/20) BL2337 (01/12/20) B y l a w N o . 2 3 1 7 P a g e 5 b) The power to renew all Development Permits, Development Variance Permits and Temporary Use Permits that have been issued and lapsed provided there are no new variances. c) Issuance, amendment, or refusal of Development Permits limited to façade alterations on existing buildings where the value of the works does not exceed $ 500,000. d) Issuance, amendment, or refusal of Wildfire Interface Area Development Permits where no variance of municipal bylaws is involved. e) Require development information and reports of Qualified Professionals as needed in order to determine compliance with the Official Community Plan and the Local Government Act. f) Require security for a permit in an amount determined in accordance with the Local Government Act. g) The Director of Development Services or designate may exercise the Delegation of Power when they deem appropriate. Application Refusal and Reconsideration 8. Within 30 days of the Director or designate person's decision to issue, amend, refuse, impose requirements with respect to a permit, or to set conditions and standards supplementing a bylaw, the applicant may request that Council reconsider the decision subject to the following: a) the request shall be in writing and include reasons in support of the reconsiderations; b) upon receipt of a complete written request for Council's reconsideration, the Director or designate shall prepare and forward a report to Council attaching the application and setting out the reasons for the decision; c) at a date and time set by Council, the applicant shall have the opportunity to appear before Council and be heard regarding the decision of the Director or designate; and d) following this, Council shall reconsider the decision of the Director or designate and either uphold or amend the decision. BL2337 (01/12/20) BL2337 (01/12/20) BL2337 (01/12/20) B y l a w N o . 2 3 1 7 P a g e 6 Time Limit for Reapplication 9. An applicant for an Official Community Plan Amendment, Zoning Bylaw Amendment, Development Permit, Development Variance Permit, Temporary Use Permit may not reapply until six months after the date of refusal of said amendment, appeal or permit. Under the Local Government Act, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the City of Williams Lake Council members. Public Hearing 10. All signs shall be installed by the applicant within 14 days after the first reading or 10 days before the Public Hearing, whichever comes first, of the OCP or Zoning Amendment and shall remain in place continuously until the Public Hearing is held. Notification and Consultation 11. All applications and permits under this Bylaw are subject to notification and consultation in accordance with the Local Government Act, Land Title Act, Strata Property Act, and Community Charter. 12. Pursuant to Section 475 of the Local Government Act, public consultation meetings will be held at the time of the OCP amendment, and Council, based on staff recommendation, will determine whether or not consultation is required with the Regional District, First Nations, Boards of Education, and any Provincial and Federal government agencies. 13. In instances where public notification is not required by the Local Government Act, the Director of Development Services or designate may still deem it necessary for certain applications. Examples of such instances may include, but are not limited to: a) construction of large commercial/industrial buildings; b) construction of multi-family residential units containing more than eight (8) units; and c) a redevelopment project where significant site and/or building alternations are proposed. BL2337 (01/12/20) B y l a w N o . 2 3 1 7 P a g e 7 Dormant or Inactive Applications 14. In the event that an application made pursuant to the Development Procedures Bylaw with the exception of subdivision applications is postponed or held inactive by an applicant for a period of eighteen (18) months, the Director of Development Services or their designate will notify the applicant in writing of any impending cancellation. 15. The Director of Development Services or their designate may postpone an impending cancellation if a written request for extension is received from the applicant within 30 calendar days. 16. In the event that a written extension request has been made, the Director of Development Services or designate shall write a report to Council to consider approval of up to two (2) six-month extensions. 17. A preliminary layout review for a subdivision application is valid for up to two (2) years. 18. If any application or referral 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 to which the application pertained. Application Forms 19. The Corporate Officer or the Director of Development Services or their designate 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, and no application in any category is complete until the Applicant has provided all of the information required by the form applicable to that category. Change of Ownership 20. If there is a change of ownership of property or land that is the subject of application or referral, the Director of Development Services may require an updated state of title certificate and written authorization to proceed with the application from the new owner prior to proceeding further with an application or referral. BL2337 (01/12/20) B y l a w N o . 2 3 1 7 P a g e 8 Application Fees 21. The application form must be fully completed and at the time of application the applicant shall pay to the City of Williams Lake an application fee in the amount set out in Schedule A, attached hereto and forming part of this Bylaw. Severability 22. 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 competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw. Adoption 23. This Bylaw shall come into force and take effect upon the date of final adoption by the Council of the City of Williams Lake. READ A FIRST TIME THIS 8th DAY OF October , 2019. READ A SECOND TIME THIS 8th DAY OF October , 2019. READ A THIRD TIME THIS 8th DAY OF October , 2019. RECONSIDERED AND ADOPTED THIS 22nd DAY OF October , 2019. "original signed by" MAYOR "original signed by" CORPORATE OFFICER SCHEDULE "A" BYLAW NO. 2317 (Page 1 of 2) FEES AND REFUNDS Fee Payment and Refund Procedure 1. Every application shall be accompanied by the full payment as determined in accordance with the fee schedule. 2. All Development Proposal Notices (signs) that are required to be erected shall remain in place continuously until the Public Hearing is held and must be removed within seven (7) days after the Public Hearing. If the Sign is not removed, the City may have the Sign removed and, without further notice, retain the deposit to cover the cost of such removal. 3. Fee Schedule: Application Fee Subdivision $100 for the first two lots Additional $50 for each lot up to $1200 Strata Conversion $1000 OCP Amendment Application fee: $850 Sign Deposit: $400 Zoning Amendment Application fee: $850 Sign Deposit: $400 OCP and Zoning Amendment in conjunction Application fee: $850 Sign Deposit: $400 Second application (OCP or Zoning Amendment): $300 Development Permit $500 Development Variance Permit $500 Board of Variance $500 Temporary Use Permit $500 Permit Registration Fee $50 Site Profile (as required) $100 Public Hearing re- advertisement Actual cost* *N.B. re-advertisement fee is only applicable in the following circumstances: If the applicant fails to comply with bylaw provisions or legislative requirements, or where proposed changes by the applicant result in the need for re-advertisement. BL2337 (01/12/20) SCHEDULE "A" BYLAW NO. 2317 (Page 2 of 2) FEES AND REFUNDS 4. Refunds (except subdivision applications): a) Where an application is withdrawn within fourteen (14) days of its submission and prior to first reading or consideration, in which case a refund equaling half of the applicable fee will be paid to the applicant following receipt of the withdrawal notice. b) If an OCP amendment or Zoning Amendment application is denied at Second Reading or does not proceed to Public Hearing, the applicant is entitled to a refund of 50% of the application fee (not including the application fee for the site profile). c) 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. d) In the case where a Development Proposal Notice (sign) is required, the deposit will be refunded, should the application be defeated at First Reading and the sign not be required, and in the case where a Development Proposal Notice (sign) is required, the deposit will be refunded, provided the sign is removed within seven (7) days after the Public Hearing is held and returned to the City in good condition. e) If a Development Permit, Development Variance Permit, or a Temporary Use Permit application is denied prior to public notification, the applicant is entitled to a refund of 50% of the application fee (not including the application fee for the site profile). f) Notwithstanding clauses (a) and (e) above, the full permit registration fee of $50 shall be refunded if an application is withdrawn or denied. BL2337 (01/12/20)