Staff Report: Tree Protection Bylaw No. 1069, 2022 – Instream Application Status
Report defining administrative protocols for applications received prior to the adoption of the new tree bylaw.
TOWN OF VIEW ROYAL COUNCIL REPORT
TO: Council
DATE: February 23, 2022
FROM: B. Lubberts, Engineering Technologist
MEETING DATE: March 1, 2022
TREE PROTECTION BYLAW No. 1069, 2022 – INSTREAM APPLICATION STATUS
RECOMMENDATION:
THAT the February 23, 2022 report prepared by the Engineering Technologist entitled “Tree Protection Bylaw No. 1069, 2022 – Instream application status” be received for information.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
PURPOSE OF REPORT:
To define “instream application” and the administrative protocol for processing applications as it may related to the recently adopted Tree Protection Bylaw No. 1069, 2022.
BACKGROUND:
On February 15, 2022 Council adopted Tree Protection Bylaw No. 1069, 2022 (the “Bylaw”). Certain development and permit applications, such as Tree Permit applications and those applications related to land development and street/utility construction, may be materially impacted by the updated provisions in the new bylaw that differ from the previous Tree Protection Bylaw No. 695, 2009.
DISCUSSION:
Staff consulted legal counsel who concluded that statutory exemptions to delay the effect of the new Bylaw do not apply in this circumstance. Therefore, it is at the Town’s sole discretion to provide exemptions to the new Bylaw once it has been adopted by Council.
Exemptions will be provided by considering certain development and permit applications as “instream applications”.
Consideration was given to the material impact on certain development and permit application types to determine the criteria for “instream application” status. In general, development and permit applications received by the Town prior to the adoption of the Bylaw and that result in a material commitment by the applicant to undertake work, and the Town’s commitment to accept the constructed outcome of the application, will constitute an ”instream application”.
The development and permit applications are given “instream application” status are as follows:
- An application for a Development Permit or a Development Variance Permit received by the Town prior to adoption of the Bylaw.
- An application for subdivision received by the Town prior to the adoption of the Bylaw.
- An application for a Building Permit received by the Town prior to adoption of the Bylaw.
- An application for a Tree Permit received by the Town prior to the adoption of the Bylaw.
- An application for a Street Construction Permit, Drainage Connection Permit, or Sewer Connection Permit received by the Town prior to the adoption of the Bylaw.
Any development or permit application noted above that has expired will no longer be considered “instream” applications and will be subject to the provisions of the Bylaw upon renewal or reapplication.
An application for rezoning or OCP amendment and/or the granting of rezoning or OCP amendment by the Town does not constitute a material commitment to undertake work, nor a commitment by the Town to accept the work, and therefore is not an “instream application”.
Any development or permit application received by the Town after the adoption of the Bylaw is subject to the provisions of the Bylaw.
RECOMMENDATION:
THAT the February 23, 2022 report prepared by the Engineering Technologist entitled “Tree Protection Bylaw No. 1069, 2022 – Instream application status” be received for information.
SUBMITTED BY:
B. Lubberts, Engineering Technologist
REVIEWED BY:
J. Rosenberg, Director of Engineering
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