Redline Version: Delegation Bylaw No. 872, 2015

TOWN OF VIEW ROYAL BYLAW NO. 872

A BYLAW TO REGULATE THE DELEGATION OF CERTAIN AUTHORITIES

THE Council of the Town of View Royal, in an open meeting assembled, enacts as follows:

1. TITLE

This bylaw may be cited as Delegation Bylaw No. 872, 2015.

2. INTERPRETATION

In this bylaw:

a) “Council” means the elected Council of the Town of View Royal; b) “Town” means the Town of View Royal, a municipality incorporated under the Local Government Act.

3. DELEGATION OF THE EXECUTION AND APPROVAL OF VARIOUS FUNCTIONS, PERMITS, AGREEMENTS AND DOCUMENTS

Council hereby delegates to the Chief Administrative Officer and Corporate Officer all of the powers, duties, and functions of Council in respect of the following:

a) Eexecution of easement agreements under Section 181 and 182 of the Land Title Act; b) Eexecution of statutory right-of-way agreements under Section 218 of the Land Title Act; c) Eexecution and approval of licenses and agreements that are not interests in land; d) Eexecution and approval of lease, license, and agreement renewals provided there are no substantive changes; e) Eexecution of covenant agreements under Section 219 of the Land Title Act; and f) Eexecution and approval of land use referrals located in lands beyond and not contiguous to the Town boundaries..; and

4. DELEGATION OF THE EXECUTION AND APPROVAL OF DEVELOPMENT PERMITS

Council hereby delegates to the Director of Development Services all of the powers, duties, and functions of Council in respect of the following:

a) Execution and approval of Development Permit: Intensive Residential – Garden Suite, subject to the following conditions: i. Conformance to all applicable Town of View Royal Official Community Plan Bylaw policies and objectives, and development permit area design guidelines; and ii. Without variances.

~~a)~~b) Eexecution and approval of Natural Watercourse and Shoreline Development and Sensitive Terrestrial Ecosystem Development Permits subject to the following conditions: i. Conformance to all applicable Town of View Royal Official Community Plan Bylaw policies and objectives, and development permit area design guidelines; and ii. Without variances.

c) The renewal of an existing valid development permit subject to the following conditions: i. The permit being renewed must be unlapsed at the time of application; ii. The plans must be unchanged from the original approved development permit; unless the changes are for consistency with new policies or regulations in which case a delegated development permit renewal does not apply; and iii. The permit shall be valid for two years from the date of issuance.

~~4.~~5. RECONSIDERATION BY COUNCIL

All of the following apply to any decision by a delegate under Section 3 g):

a) An owner or applicant, as applicable, that is subject to a decision under Section 3 g) who is dissatisfied with the decision is entitled to have the decision reconsidered by Council in accordance with this section;

b) An owner or applicant, as applicable, who wishes to have a decision reconsidered by Council must apply for the reconsideration by delivering to the Corporate Officer, within 30 days after the decision is communicated in writing, a written submission setting out the following: i) Name of the delegate who made the decision, date and nature of the decision; ii) Reasons(s) why the owner or applicant, as applicable, wishes the decision to be reconsidered by Council; iii) The decision the owner or applicant, as applicable, requests be made by Council, with brief reasons in support of the request of the decision; and iv) A copy of any materials considered by the owner or applicant, as applicable, to be relevant to Council reconsideration.

c) A reconsideration application must be considered by Council at a regular meeting of Council held not more than eight weeks after the date of application for reconsideration has been received by the Town;

d) The Corporate Officer must: i. Place each reconsideration application on the agenda of a regular meeting of Council in accordance with section 4. d) iii; ii. Give notice of each reconsideration by Council in accordance with any notice requirements in respect of the original application that are set out in the Town’s bylaws or the Local Government Act; and iii. 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 to be reconsidered.

e) In reconsidering a decision, Council must consider the material that was considered by the delegate in making the decision;

f) At a reconsideration of a decision, the owner or applicant, as applicable, and any other person who is interested in the decision are entitled to be heard by Council;

g) Council is entitled to adjourn a reconsideration of a decision; and

h) After having reconsidered a decision, Council may either confirm the decision or may set aside the decision and substitute the decision of Council.

~~5.~~6. SCOPE OF BYLAW

Unless a power, duty or function of Council has been expressly delegated by this Bylaw or any other Town bylaw, all the powers, duties and functions of Council remain with Council.

~~6.~~7. 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 from time to time holds the position and to any person who from time to time is the deputy of that person so appointed by Council.

~~7.~~8. NO DELEGATION BY A DELEGATE

For clarity, a person to whom a power, duty or function has been delegated under this Bylaw has no authority to further delegate to another person any power, duty or function that has been delegated by this Bylaw.

READ A FIRST TIME THIS 20th DAY OF OCTOBER, 2015.

READ A SECOND TIME THIS 20th DAY OF OCTOBER, 2015.

READ A THIRD TIME THIS 20th DAY OF OCTOBER, 2015.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 3rd DAY OF NOVEMBER, 2015.

MAYOR

CLERK