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
Committee of the Whole
Proposed Amendments to the Development Procedures Bylaw and Introduction of a New Public Notification Bylaw
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
Council Meeting
Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 747, 2009
Council Meeting
Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 747, 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
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