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No. 730

Development Procedures Bylaw No. 730, 2009

Adopted 2009
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Plain English Summary

This bylaw outlines the procedures for applying for various types of development-related changes within the Town of View Royal. It covers applications to amend the Official Community Plan, the Land Use Bylaw, or land use contracts, as well as applications for development permits, development variance permits, and temporary commercial or industrial use permits. The bylaw specifies that applications must be signed by the landowner (or their authorized agent), submitted on the prescribed form with all required information and the appropriate application fee. It also details the requirements for posting application signs on the property, particularly when zoning changes are proposed. Furthermore, the bylaw addresses public notification procedures, including distances for mailing notices to neighboring property owners. It includes stipulations regarding application fee refunds under certain circumstances, cancellation of applications due to lack of information, rules about reapplying after a refusal, landscape security deposits, and the ability for the Director of Development Services to prescribe application forms and permit formats.

Legislative Timeline

June 13, 2023

Committee of the Whole

Proposed Amendments to the Development Procedures Bylaw and Introduction of a New Public Notification Bylaw

March 19, 2019

Council Meeting

Development Procedures Bylaw No. 730, 2009 - Development Notifications

September 18, 2012

Council Meeting

Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 831, 2012: A Bylaw to Amend the Public Hearing Fee as Cited in the Development Procedures Bylaw No. 730, 2009

July 7, 2009

Council Meeting

Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 747, 2009

June 16, 2009

Council Meeting

Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 747, 2009

February 3, 2009

Council Meeting

Development Procedures Bylaw No. 730, 2009 A Bylaw to Establish Application Procedures for Amendments to the Official Community Plan, the Land Use Bylaw and Land Use Contracts, and the issuance of permits under Part 26 of the Local Government Act, and to provide for notification of such applications

2009Town of View Royal

Adopted 2009

Official adoption year of Bylaw No. 730

Document Outline

Development Procedures Bylaw No. 730, 2009

1. Definition

2. Scope

3. Applications

4. Posting of Application Signs

5. Application Fee Refunds

6. Notices

6.1. Notice distances for OCP, zoning, land use contract, and temporary use permits

6.2. Notice distances for Development Variance Permits

6.3. Notice for Development Permits with Variances

6.4. Public Hearing Requirements

7. Cancellation of Applications

7.1. Cancellation due to lack of applicant response

7.2. Cancellation after Council declines application

8. Reapplication

8.1. One-year waiting period

8.2. Council may permit earlier reapplication

8.3. Reopening Closed Applications

8.4. Reopening Closed Applications - new application required

9. Application Forms and Permits

10. Landscape Security

10.1. Landscape security deposit

10.2. Reduction of landscape security

10.3. Withholding of landscape security

10.4. Use of security for incomplete landscaping or damage

11. Citation

Schedule A - Application Fees (Deleted by Bylaw No. 958)

Full Text

TOWN OF VIEW ROYAL 
 
DEVELOPMENT PROCEDURES BYLAW NO. 730, 2009 
As Amended by Bylaws No. 747, 831, 958 and 1162 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
 
 
A BYLAW TO ESTABLISH APPLICATION PROCEDURES FOR 
AMENDMENTS TO THE OFFICIAL COMMUNITY PLAN, THE LAND USE 
BYLAW AND LAND USE CONTRACTS, AND THE ISSUANCE OF PERMITS 
UNDER PART 26 OF THE LOCAL GOVERNMENT ACT, AND TO PROVIDE 
FOR NOTIFICATION OF SUCH APPLICATIONS 
 
 
The Council of the Town of View Royal, in open meeting assembled, enacts as 
follows: 
 
1. 
Definition 
 
In this Bylaw, “Director of Development Services” means the person 
appointed to that position by the Council of the Town of View Royal, or his or her 
designate. 
 
2. 
Scope 
 
This Bylaw applies to an application for an amendment to the Official Community 
Plan, the Land Use Bylaw or a land use contract, or the issuance of a 
development permit, a development variance permit, or a temporary commercial 
or industrial use permit. 
 
3. 
Applications   
 
An application described in Section 2 of this bylaw shall be made to the Director 
of Development Services, and shall be:   
 
(a) 
signed by the owner of the land that is the subject of the application, or 
by a person authorized in writing by the owner to act as his or her 
agent for the purpose of making the application; 
(b) 
made on the application form prescribed by the Director of 
Development Services; 
(c) 
accompanied by the information required by the Director of 
Development Services; and 
(d) 
accompanied by the application fee set out in Fees and Charges 
Bylaw No. 958 for that type of application, including any applicable 
large projects fee. 
Amendment Bylaw No. 958, 2016 
(e) 
accompanied by a public hearing deposit as described in section 
(6)(6.14). 
Amendment Bylaw No. 831, 2012 

Page 2 of 6 
 
4. 
Posting of Application Signs 
 
Where an application is submitted to amend the zoning designation of lands or 
amend a land use contract the applicant shall: 
 
(a) 
prepare notification signs in accordance with sign specifications 
prescribed by the Director of Development Services; 
(b) 
erect one sign on each street frontage of the lands within five (5) 
weeks of the application being submitted and not less than ten (10) 
days before the application is considered by the Council or any 
committee of the Council; 
(c) 
verify to the Director that the signs have been erected by providing 
hard copies of dated photographs of the signs as erected; 
(d) 
maintain and replace the signs as necessary; and 
(e) 
remove the signs within one week of the application being approved or 
refused by the Municipal Council, and within twenty-four (24) hours of 
the application being withdrawn by the applicant.  
 
5. 
Application Fee Refunds 
 
An applicant who has paid a public hearing deposit is entitled to a refund of the 
fee if the applicant has provided to the Director of Development Services all 
information required under this Bylaw in relation to the application for which the 
fee was paid and: 
 
(a) 
the Council rejects the application without convening a public hearing; 
or 
(b) 
the applicant withdraws the application before the Director of 
Development Services prepares a public hearing notice for publication 
or individual notification. 
Amendment Bylaw No. 831, 2012 
 
6. 
Notices  
 
6.1. Where the Local Government Act requires mailing or other delivery of a 
notice to owners and occupiers in respect of an official community plan 
bylaw, zoning bylaw, land use contract amendment or temporary 
commercial or industrial use permit, the notice must be mailed or otherwise 
delivered to the owners and occupiers of all parcels of land that are the 
subject of the application or within a distance of: 
 
a) 
400 metres of such a parcel for all residential (R), commercial (C), 
comprehensive development (CD) and industrial (I) land use 
applications; and  
b) 
100 meters of such a parcel for all public use, institutional, 
transportation and park land (P) land use applications. 
Amendment Bylaw No. 747, 2009 

Page 3 of 6 
6.2. Where the Local Government Act requires mailing or other delivery of a 
notice to owners and occupiers in respect of a development variance 
permit, the notice must be mailed or otherwise delivered to the owners and 
occupiers of all parcels of land that are the subject of the application or 
within a distance of 100 metres of such a parcel. 
 
6.3. Where an application is made for a development permit and the applicant 
seeks variances to any bylaw enacted under Division 7 or 11 of Part 26 of 
the Local Government Act, the Town shall make a reasonable effort to mail 
or otherwise deliver notice of the application, at least ten (10) days before 
adoption of any resolution to issue the permit, to the owners and occupiers 
of all parcels of land that are the subject of the application or within 100 
metres of such a parcel.  
 
6.4. Where an application is required by the Local Government Act  to hold a 
Public Hearing the following shall apply: 
 
a) 
A deposit as specified in Fees and Charges Bylaw No. 958 to cover 
the costs of processing, advertising and administration incurred by the 
Municipality that are related to the application to which a public 
hearing is required. 
Amendment Bylaw No. 958, 2016 
b) 
Additional deposits in increments as described in Fees and Charges 
Bylaw No. 958 shall be paid as required to cover costs detailed in 9(a) 
which exceed or are expected by the Director of Development 
Services to exceed the initial deposit required Fees and Charges 
Bylaw No. 958. 
Amendment Bylaw No. 958, 2016 
c) 
The request for additional deposits shall be made in writing to the 
applicant by the Director Development Services, who shall provide 
estimates of the additional costs that are likely to be incurred by the 
Municipality. 
 
d) 
Upon conclusion of an application, the Director of Finance shall cause 
a reconciliation of all charges incurred under this Section to be 
prepared and forwarded to the applicant. 
 
e) 
In cases where the amount on deposit, as specified within Fees and 
Charges Bylaw No. 958 is more than the costs actually incurred by the 
Municipality, the Treasurer shall refund the excess deposit to the 
applicant. 
 
f) 
In cases where the amount on deposit as specified in Fees and 
Charges Bylaw No. 958 is less than the costs actually incurred by the 
Municipality, the Treasurer shall bill the excess costs to the applicant. 
Amendment Bylaw No. 958, 2016 
 
g) 
No fee shall be levied for an application to amend the Official 
Community Plan made in conjunction with an application to amend the 

Page 4 of 6 
Land Use Bylaw, where both applications arise out of the same 
development proposal and are dealt with at the same public hearing. 
Amendment Bylaw No. 831, 2012 
 
7. 
Cancellation of Applications 
 
7.1. If an application has been accepted by the Director of Development 
Services for processing and further information from the applicant is 
requested after review by the Director of Development Services, or 
Council, the applicant is required to provide the requested information 
within six (6) months. If the applicant does not provide the requested 
information within six (6) months of the request, the Town will provide 
final written notification to the applicant and if the requested 
information is not provided within three (3) months of the final written 
notification, the application will be closed.  
 
7.2. If an application is declined by Council resolution, the application will 
be closed. 
Amendment Bylaw No. 1162, 2025 
 
8. 
Reapplication 
 
8.1. If the Council refuses an amendment or permit, no person may 
reapply for the same amendment or permit until one year has elapsed 
from the date of Council resolution. 
 
8.2. Despite subsection 8.1, by an affirmative vote of at least 2/3 of its 
members eligible to vote on the reapplication, Council may permit 
reapplication within the one-year period. 
 
8.3. An applicant wishing to reopen a closed application under subsection 
7.1 must submit a new application and pay the applicable fee 
prescribed in the Town’s Fees and Charges Bylaw No. 958, but the 
one year waiting period for reapplications in subsection 8.1 does not 
apply. 
 
8.4. An applicant wishing to reopen a closed application must submit a 
new application in accordance with the timeline in subsections 8.1 and 
8.2 and pay the application fee prescribed in the Town’s Fees and 
Charges Bylaw No. 958. 
Amendment Bylaw No. 1162, 2025 
 
9. 
Application Forms and Permits 
 
The Director of Development Services may prescribe application forms for the 
purposes of this bylaw, including different application forms for different types of 
applications, and may prescribe the form of development permits, development 
variance permits and temporary use permits. 
Amendment Bylaw No. 1162, 2025 

Page 5 of 6 
 
10. Landscape Security 
 
10.1. A landscape security shall be deposited with the Town in the amount 
specified within the Town’s Fees and Charges Bylaw No. 958 based 
on an acceptable cost estimate for on-site landscaping and screening 
installation satisfactory to the Director of Development Services as a 
condition of a land use permit.  
 
10.2. The landscape security may be reduced proportionately as the areas 
of the site are completed and accepted by the Director of 
Development Services. 
 
10.3. Upon completion of the landscape construction, planting and 
screening, the Town may withhold ten percent (10%) of the landscape 
security for two years to ensure plantings become established and 
remain healthy. 
 
10.4. If landscape construction, planting and screening are not completed 
within one year following issuance of the occupancy permit, or an 
unsafe condition or damage to the natural environment has resulted 
because of the violation of the permit, the Town may draw upon the 
security for the purposes of entering upon the subject property and 
completing the landscape construction, planting and screening, or 
undertake works to correct the unsafe condition or correct the damage 
to the natural environment. 
Amendment Bylaw No. 1162, 2025 
 
11. This bylaw may be cited as “Development Procedures Bylaw No. 730, 
2009.” 
 
 
 
READ A FIRST TIME THIS 20TH DAY OF JANUARY, 2009. 
 
READ A SECOND TIME THIS 20TH DAY OF JANUARY, 2009. 
 
READ A THIRD TIME THIS 20TH DAY OF JANUARY, 2009. 
 
ADOPTED THIS 3RD DAY OF FEBRUARY, 2009. 
 
 
 
_____________________________ 
_____________________________ 
MAYOR 
 
 
 
 
CLERK 

Page 6 of 6 
Town of View Royal - Bylaw No. 730, 2009 
Schedule A 
Application Fees 
 
Amendment Bylaw No. 831, 2012 
Deleted by Amendment Bylaw No. 958, 2016 

Document Details

Status
Active
Year
2009
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