Town bylaw 1046: Bylaw No. 1046 Town of Princeton Development Procedures

DEVELOPMENT PROCEDURES

BYLAW NUMBER 1046, 2024

THE CORPORATION OF THE TOWN OF PRINCETON BYLAW NUMBER 1046, 2023

DEVELOPMENT APPLICATION PROCEDURES BYLAW

A Bylaw to establish procedures for the processing of land development applications including amendments to an Official Community Plan, Zoning Bylaw amendments, Development Permits, Development Variance Permits, Temporary Use Permits, Agricultural Land Commission Applications and Retail Store, Cannabis Licence Applications under Part 14 of the Local Government Act.

WHEREAS under Section 460 (1) of the Local Government Act, Council must, by bylaw, define procedures under which an owner of land may apply for an amendment of an official community plan or a zoning bylaw, or the issuance of a development, development variance or temporary use permit;

AND WHEREAS Section 486 of the Local Government Act, Council must, by bylaw, establish procedures and policies on the process for requiring development application information under this Division and the substance of the information required;

AND WHEREAS Section 487 (1) of the Local Government Act, if a bylaw under Section 486 is adopted, the local government or an officer or employee authorized by the bylaw may require an applicant for any of the following to provide development application information to the local government: a) an amendment to a zoning bylaw; b) a development permit; c) a temporary usepermit;

AND WHEREAS Council has designated areas within which Temporary Use Permits are required;

AND WHEREAS Council has designated areas within which Development Permits are required;

AND WHEREAS Section 502 of the Local Governmental Act, require that the applicant for a permit under Part 14 of the Local Government Act provide security in an amount stated in the permit by an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government;

AND WHEREAS Council may, pursuant to the Liquor Control and Licensing Act and Cannabis Control and Licensing Act impose fees to recover the cost of providing comments or recommendations on license applications made under those Acts;

AND WHEREAS Section 154(1)(b) of the Community Charter empowers Council to delegate its powers, duties and functions, including those specifically established by an enactment to its officers and employees, its committees or its members or to other bodies established by Council;

AND WHEREAS Council considers that there are a number of circumstances where delegation would foster good government;

NOW THEREFORE, the Municipal Council of the Corporation of the Town of Princeton, in open meeting assembled, HEREBY ENACTS AS FOLLOWS: Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 2

SECTION 1 - INTRODUCTION

1.1 Title

This Bylaw may be cited as "Development Procedures Bylaw No. 1046, 2023".

1.2 Scope

This bylaw applies to:

a) An application, by a party other than the Town of Princeton, to amend: i. an Official Community Plan; ii. a Zoning Bylaw; iii. or both. b) An application, by a party other than the Town of Princeton, for a: i. Development Permit; ii. Development Variance Permit; or iii. Temporary Use Permit. c) An application to the Agricultural Land Commission for one or more of the following: i. to include land into the Agricultural Land Reserve (ALR); ii. to exclude land from the ALR; iii. to subdivide land within the ALR; iv. to conduct a non-farm use in the ALR; or v. place fill on, or remove soil from, land in the ALR for non-farm purposes. d) An application to the Liquor and Cannabis Regulation Branch to obtain or amend a; i. cannabis li•cense ii. Liquor license

1.3 Powers, Duties and Functions of Council

For clarity, subject to the Local Government Act, unless a power or duty or function of Council have been expressly delegated by this bylaw or another municipal bylaw, all the powers, duties and functions of Council remain with Council.

1.4 Delegation to Persons Holding Position

Where this bylaw delegates a power, duty or function to a named position, the delegation of the power, duty or function is to the person who holds the position. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 3

1.5 Definitions

"Agricultural Land Commission (ALC)" means the Agricultural Land Commission established by the Agricultural Land Commission Act .

"Agricultural Land Reserve (ALR)" means the Agricultural Land Reserve designated by the Agricultural Land Commission Act.

"Amending Bylaw" means a bylaw to change the provisions of an official community plan or a zoning bylaw.

"Applicant" means the owner of the real property that is the subject of an application under this Bylaw or any person designated by the owner in writing as the agent for the owner.

"Council" means the Municipal Council of the Town of Princeton.

"Chief Administrative Officer (CAO)" means the person appointed by the Town of Princeton Council as CAO and any person who, from time to time, is the deputy CAO or is appointed by Council to act in the capacity of the CAO in the CAO's absence.

"Development Permit" means a permit authorized by section 488 of the Local Government Act .

"Development Variance Permit" means a permit authorized by section 498 of the Local Government Act.

"Fees and Charges Bylaw" means the Town of Princeton's Fees and Charges Bylaw as amended or replaced from time to time. "Lot" means a parcel of land, including Crown Land title to which has been registered in the Land Title Office by the deposit of a plan or other description, but does not include a highway .

"Official Community Plan (OCP)" means the Town of Princeton Official Community Plan as amended or replaced from time to time.

"Qualified Professional" means a professional engineer, geoscientist, architect, biologist, planner or other professional licensed or otherwise eligible to practice in British Columbia with experience relevant to the applicable matter, as determined by the Town of Princeton and includes a Qualified Environmental Professional.

"Temporary Use Permit" means a permit authorized by section 493 of the Local Government Act.

"Town" means the Town of Princeton .

"Zoning Bylaw" means the Town of Princeton Zoning Bylaw, as amended, or replaced from time to time. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 4

SECTION 2 - GENERAL PROVISIONS

2.1 Making Application

The following is required for all applications made under this bylaw:

i. An application shall be executed in writing by all owners of the land that is subject to the application. The owners may authorize an agent to act on their behalf by submitting an Owner's Authorization form.

ii. An application made pursuant to this bylaw shall be submitted on the prescribed application form and shall include an application fee, payable to the Town, in accordance with the Fees and Charges Bylaw.

2.2 Change of Ownership

If there is a change of ownership of a parcel of land that is the subject of an application pursuant to this bylaw, the new owner must provide written authorization and a title search print before the application proceeds further.

2.3 Delegation ofAuthority

Pursuant to Section 154(1)(b) of the Community Charter, Council delegates to the CAO the duties and powers of Council as follows:

a) Development Application Information

The CAO is designated under Section 486 of the Local Government Act to require development approval information to be provided by the applicant, at the applicant's expense, in respect of an application made of the following types:

i. an amendment to a zoning bylaw; ii. a development permit; iii. a development variance permit; and iv. a temporary use permit.

b) Performance Security

The CAO is designated under Section 502 of the Local Government Act to require security as a condition of the issuance of a Development Permit or Development Variance Permit in accordance with Section 2.7 of this bylaw.

c) Development Permits

The CAO is designated to issue, to refuse, and to amend Development Permits pursuant to the Local Government Act Section 490 (5) in respect of the following Development Permit areas established by the Official Community Plan:

1. Town Centre

1. Highway Corridor

2. Business Park

3. Multi-Family Residential

4. Environmentally Sensitive Area

5. Wildfire Protection Area

Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 5 and only for the following types of permits:

i. commercial exterior signage; ii. additions to existing buildings where the floor area of the addition is less than 100 m2; iii. amendments to existing Development Permits dealing with the form and character of development that do not substantially alter the form and character approved in the original Permit; iv. all Development Permits applications for environmentally sensitive areas providing a Riparian Areas Protection Regulation Assessment Report has been submitted by a qualified professional. v. all Development Permit applications for wildfire protection area.

d) Development Variance Permits

Subject to the Town of Princeton Zoning Bylaw regulations, as amended or replaced from time to time, Council delegates to the Chief Administrative Officer as per section 498.1 of the Local Government Act the powers, duties, and functions of the Council in respect of:

Development Variance Permits pursuant to the Local Government Act if the development variance is minor, pursuant to Section 498.1 (1) of the Local Government Act regarding bylaws governing:

1. Siting, Size, and Dimensions of Buildings, and Structures

Section 498 (1) (a) and (b)(i) of the Local Government Act:

i. Setback:

The proposed variance to the setback from building(s) or structure(s) to a property line results in a variance amendment of 1.5 metres or less of the required setback(s) and not within 1.0 m of any property line as set out in the Town of Princeton Zoning Bylaw for the applicable zone.

ii. Height:

The proposed variance to the height of building(s) or structure(s) is 10% or less in excess of the allowed height as set out in the Town of Princeton Zoning Bylaw for the applicable zone.

The proposed variance to the height of a fence is not in excess of two (2) feet as set out in the Town of Princeton Zoning bylaw for the applicable regulation.

2. Parking

Section 525 of the Local Government Act [Off-street parking]

The proposed variance to off-street parking and loading space requirements does not exceed two (2) parking spaces for all residential zones.

The proposed variance to off street parking and loading space requirements does not exceed twenty-five (25) percent of the required off street parking for a commercial or industrial development. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 6

3. Signs

section 526 of the Local Government Act [regulation of signs];

4. Landscaping

section 527 (1) (a) or (b) of the Local Government Act [screening and landscaping to mask or

separate uses or to preserve, protect, restore and enhance natural environment];

5. The Delegate must consider the following guidelines in deciding whether to issue a permit and

must not issue a development variance permit if, in their opinion, the proposed variance would result in any of the following:

i) result in inappropriate development of the site;

ii) be considered a conflict of interest;

iii) adversely affect the natural environment;

iv) substantially affect the use and enjoyment of adjacent land;

v) vary permitted uses and densities under the applicable bylaw; or

vi) defeat the intent of a bylaw.

The CAO may refer any application described in Section 2.3 to Council for consideration of issuance.

2.4 Council Reconsideration

The following apply to any decision by the CAO under Section 2.3:

a) Any owner of property that is subject to a decision by the CAO who is dissatisfied with the decision is entitled to have the decision reconsidered by Council, at no charge, in accordance with this section.

b) An owner who wishes to have a decision reconsidered by Council must apply for the reconsideration by delivering to the Chief Administrative Officer or their delegate, within 30 days after the decision is communicated to the owner, a reconsideration applica tion in writing, which must set out all the following:

i. the date of the decision and the nature of the decision; ii. reasons why the owner wishes the decision to be reconsidered by Council; iii. the decision the owner requests be made by Council, with brief reasons in support of the requested decision; and iv. a copy of any materials considered by the owner to be relevant to the reconsideration by Council. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 7

c) A reconsideration application must be considered by Council at a Regular meeting of Council.

d) The Chief Administrative Officer or their delegate must:

i. Prior to the date of the meeting at which the reconsideration shall occur, provide a written report to Council setting out the rationale for their decision; ii. Give notice of each reconsideration in accordance with any notice requirements in respect of the original application that are set out in this bylaw; iii. Place each reconsideration application on the agenda for a regular meeting of Council in accordance with Section 2.4.c; iv. Notify the applicant of the date of the meeting at which reconsideration shall occur; and v. Before each reconsideration by Council, deliver to each Council member a copy of the materials that were considered by the delegate in making the decision that is to be reconsidered.

e) In reconsidering a decision, Council must consider the same material as was considered by the delegate in making the decision.

f) At a reconsideration of a decision, the owner and any other person who is interestedin the decision are entitled to be heard by Council.

g) Council is entitled to adjourn a reconsideration of a decision.

h) Council shall either confirm the decision of the CAO, or substitute its own decision, including any conditions.

2.5 Applications Considered by Council

a) Bylaw Amendments

Upon receipt of an application to amend the Official Community Plan or Zoning Bylaw, Council may reject the application or proceed with an amendment bylaw in accordance with the procedural requirements of the Local Government Act and Community Charter.

b) Development Permits, Development Variance Permits and Temporary Use Permits

Council may, upon receipt of a report respecting an application for Development Permit, Development Variance Permit and Temporary Use Permits:

i. Issue, amend, or refuse the permit; ii. Impose requirements and set conditions or standards; iii. Impose conditions for the sequence and timing of construction; iv. Require security; or v. Defer or otherwise deal with the Permit Application. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 8 c) Agricultural Land Commission Applications

Council may, upon receipt of a report respecting an Agricultural Land Commission application:

i. Authorize the application to proceed to the ALC; or ii. Not authorize the application to proceed to the ALC.

d) Retail Store, Cannabis License Applications

Council may, upon receipt of a report, and following the appropriate consultation, respecting a Retail Store, Cannabis License Application:

i. make a recommendation to deny the application; ii. make a recommendation in favour of the application; or iii. defer making a recommendation.

2.6 Performance Security

a) Form of Security

Security required by permits shall be in the form of a cash or an irrevocable letter of credit, effective for a period to be determined by the CAO. Such irrevocable letter of credit shall be clean and unconditional, automatically renewing, and redeemable at a local financial institution chartered under the Bank Act (Canada) or Financial Institutions Act (Provincial) and may be subject to additional conditions to be specified by the CAO.

b) Amount of Security

The amount of security required may be calculated using : i. An estimate or quote provided at the applicant's expense by a professional qualified to undertake or supervise the works for which the securities are required; or ii. The amount of security may be calculated using such methodologies as the CAO may prescribe from time to time.

c) Conditions of Security

Where security is a condition of a Permit,

i. In the case of a condition in a permit respecting landscaping works, the amount shall be 125% of the cost of the works, including inspections, monitoring and maintenance, paid in full prior to permit issuance; ii. In the case of an unsafe condition that might result from a contravention of a permit condition, the amount of security shall reflect the nature of the permit condition, the nature of the unsafe condition and the cost to the Town of entering on the land, undertaking work to correct the unsafe condition, including the cost of repairing any damage to land and improvements that may have been caused by the unsafe condition or that may have occurred in connection with the repair work; Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 9 iii. In the case of damage to the natural environment that might result from a contravention of a permit condition, the amount shall reflect the nature of the permit condition, the nature of the damage to the environment and restoring or enhancing the natural environment to compensate for the damage that has been caused by the contravention of the permit condition.

2.7 Notice of Decision

a) All applicants shall be notified in writing of a Council or CAO decision to issue, refuse, reject, amend, or proceed with an amending bylaw, development permit or a development variance permit.

b) Written notice of a decision shall be mailed or otherwise delivered by the Town to an applicant at the address provided on the application form. Email will be deemed delivered on the date sent by the Town.

2.8 Incomplete Applications

If staff determines that an application is incomplete, the applicant shall be requested to provide the required information. The applicant may be required to provide additional information beyond the standard checklist of items by the CAO. If the applicant does not provide the information within three (3) months of the request, the application and refundable portion of the fee shall be returned, and the file closed.

2.9 Lapse of Application

a) In the event that an application made pursuant to this bylaw is one (1) year old or older and has been inactive for a period of six (6) months or greater;

i. The application shall be deemed to be abandoned and the applicant shall be notified in writing that the file shall be closed; ii. Any bylaw that has not received final adoption shall be considered abandoned;

b) Upon written request by the applicant prior to the lapse of the application, Council may extend the deadline for a period of twelve (12) months by passing a resolution to that affect.

c) If applicable, a refund shall be paid to the applicant in accordance with the Fees and Charges Bylaw for proposals that have been deemed to have lapsed.

d) For an application that has lapsed under Section 2.9 a) or b) to proceed, a new application (including fee), shall be required.

2.10 Re-application

a) Subject to Section 460 of the Local Government Act, where an application made pursuant to this bylaw has been refused by Council, re-application shall not be accepted for a six (6) month period immediately following the date of refusal. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 10 b) Where an applicant intends to appeal to Council to vary the time limit set in section 2.10 a), and pursuant to section 460 (3) of the Local Government Act, the applicant shall submit, in writing, a detailed statement as to why the time limit for the reapplication should be varied.

SECTION 3 - APPLICATION FEES

3.1 Application Fee Requirement

a) At the time of application, the applicant shall pay to the Town any application fees in the amounts as set out in the Fees and Charges Bylaw.

b) The fees prescribed in the Fees and Charges Bylaw apply to each parcel of land for which the application is made, as follows:

i. If an application involves two or more contiguous parcels of land, they shall be treated as one proposal; ii. If an application involves two or more parcels of land that are not contiguous, they shall be treated as separate applications and the fee prescribed in the Fees and Charges Bylaw applies to each site for which the application is made.

3.2 Refund of Application Fees

a) Where an Official Community Plan or Zoning Bylaw amendment application is withdrawn prior to first reading, the applicant may request a refund of one-half of the application fee.

b) Where a Development Permit Application is submitted, and that requires Council decision, is withdrawn prior to it being considered by Council, the applicant may request a refund of one - half of the application fee.

c) Where a Development Variance Permit or Temporary Use Permit is withdrawn prior to it being considered by Council, the applicant may request a refund of one-half of the application fee.

SECTION 4 - PUBLIC NOTIFICATION & CONSULTATION

4.1 Public Notification & Consultation Requirements

a) All applications made pursuant to this bylaw require the forms of public notification and consultation as per the Local Government Act. b) In accordance with the Local Government Act, Town staff shall mail or otherwise deliver individual notices to all owners and tenants of the subject property for which an application is being made, and all owners and tenants advising of:

i. a scheduled Public Hearing for an OCP or Zoning Bylaw amendment; the waiving of a Public Hearing for a Zoning Amendment, where no OCP Amendment is required; ii. a scheduled Council meeting for considering a Development Variance Permit; or iii. a scheduled Council meeting for considering a Temporary Use Permit. Town of Princeton - Development Procedures Bylaw No. 1046 , 2023 Page 11 iv. The notification outlined in this section is not required if ten (10) or more parcels owned by ten (10) or more persons are subject to the application. v. Individual notices shall be mailed or otherwise delivered not less than ten (10) days prior to Council consideration of a Development Variance or Temporary Use Permit, and not less than ten (10) days prior to the holding of a Public Hearing for an Official Community Plan or Zoning Bylaw amendment.

Severability

If any section, subsection, clause, sub -clause or phrase of this Bylaw is for any reason held to be invalid, unlawful or unenforceable by the decision of any Court of competent jurisdiction, that section, subsection, clause, sub-clause of phrase shall be s truck from the Bylaw and its severance shall not affect the validity of the remaining portions of this Bylaw.

Repeal

Town of Princeton Development Procedures Bylaw No. 783, 2007 and all amendments thereto are hereby repealed.

Read a first time this 20th day of December 2023 Read a second time this 20th day of December 2023 Read a third time this 20th day of December 2023 Adopted this 17th day of January 2024

Mayor Spencer Coyne Corporate Officer R. Lyle Thomas Original signed by Mayor Coyne Original signed by CAO Thomas