Bylaw No. 1162 (Item 4.c.3)
Development Procedures Bylaw Amendment regarding Landscape Security.
TOWN OF VIEW ROYAL BYLAW NO. 1162
A BYLAW TO AMEND DEVELOPMENT PROCEDURES BYLAW TO ESTABLISH NEW PROCEDURES RESPECTING LANDSCAPE SECURITY, CANCELLATION OF APPLICATIONS, AND REAPPLICATION
The Council of the Town of View Royal, in open meeting assembled, enacts as follows:
This Bylaw may be cited as “Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 1162, 2025”.
Development Procedures Bylaw No. 730, 2009, be amended as follows:
(a) By deleting Section 7 - Reapplication and Section 8 - Application Forms and Permits in their entirety and replacing with the following:
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.
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.
(b) By adding the following new sections immediately after section 8:
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.
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 one year 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.
(c) By renumbering section 9 to section 11.
READ A FIRST TIME THIS DAY OF , 2025
READ A SECOND TIME THIS DAY OF , 2025
READ A THIRD TIME THIS ___ DAY OF ___, 2025
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS ___ DAY OF ___, 2025.
MAYOR
CORPORATE OFFICER
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