Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

Bylaw No. 2521-2016

Development Application Procedures Bylaw, 2016

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2606-2016, 2710-2017 and 2902-2019. Last amended December 2, 2019

Contents
 1.1 Citation
 1.2 Interpretation
 1.3 Scope of bylaw
 1.4 Authority of General Manager to provide forms
 2.1 Delegation of powers
 2.2 Application refusal and reconsideration
 2.3 Application submission
 2.4 Lapse of application
 2.5 Application fee refund
 2.6 Report
 3.1 Notification and consultation
 4.1 Security deposit
 4.2 Security form and payment
 4.3 Inspection fees
 4.4 Release of security
 5.1 Administration
 6.1 Repeal
Schedule "A"
Schedule "B"

A bylaw to establish procedures for processing land development applications and enable periodic amendments to the City's development application form, Permit forms and administrative forms necessary to carry out the procedures under this bylaw.

WHEREAS the Council of the City of Abbotsford has adopted an Official Community Plan and Zoning Bylaw;

AND WHEREAS the Council of the City of Abbotsford has, designated a Heritage Conservation Area within which Heritage Alteration Permits are required under Part 15 of the Local Government Act;

AND WHEREAS the Council of the City of Abbotsford must, under Section 460 of the Local Government Act, by bylaw, define procedures under which an Owner of land may apply for an amendment to the Official Community Plan Bylaw, 2016, or the Zoning Bylaw, 2014 or the issue of Permits under Part 14 of the Local Government Act;

AND WHEREAS the Council of the City of Abbotsford may, by bylaw, establish procedures under which a person may apply for the issue of an heritage alteration Permit under Part 15 of the Local Government Act;

AND WHEREAS the Council of the City of Abbotsford wishes to establish procedures to obtain a Council decision and provide comments on liquor license or liquor endorsement application in accordance with the Liquor Control and Licensing Act and Regulation;

AND WHEREAS the Council of the City of Abbotsford wishes to establish procedures to obtain a Council decision on other land use requests;

AND WHEREAS the City wishes to update its development application form, Permit forms and other administrative forms necessary to carry out the procedures under this bylaw, from time to time;

NOW THEREFORE the Council of the City of Abbotsford, in an open meeting assembled, ENACTS as follows:

Citation

1.1   (1.1.1) This bylaw may be cited as "Development Application Procedures Bylaw No. 2521- 2016".

Interpretation

1.2   (1.2.1) Schedule "A" contains definitions of terms used in this Bylaw and where not defined are interpreted consistently with the Community Charter and the Local Government Act.

(1.2.2) A reference to any statute, regulation or Bylaw refers to that enactment as it may be amended or replaced from time to time.

(1.2.3) Words in the singular include the plural and gender specific terms include both genders and include corporations.

(1.2.4) The headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of this Bylaw.

(1.2.5) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Scope of bylaw

1.3   (1.3.1) This Bylaw applies to an application to:

(a) amend the City's Official Community Plan Bylaw, 2016 or Zoning Bylaw, 2014;

(b) amend or discharge a land use contract by bylaw;

(c) enter into a housing agreement;

(d) issue or amend a development permit;

(e) issue, amend or renew a commercial or industrial temporary use permit;

(f) issue or amend an heritage alteration permit;

(g) issue or amend a development variance permit;

(h) obtain comments on a liquor license application or an endorsement application or their amendment or renewal;

B/L 2710-2017

(i) obtain a decision on a strata title conversion for a previously occupied residential building;

(j) obtain a decision on a strata title conversion for a previously occupied commercial or industrial building;

(k) obtain a decision on an agricultural land commission application;B/L 2710-2017

B/L 2710-2017

(l) obtain a decision to amend or discharge a registered legal agreement; or

B/L 2710-2017, B/L 2902-2019

(m) obtain comments on telecommunication tower applications or their amendment or renewal.

B/L 2902-2019

(n) obtain comments or recommendations on an application to issue or amend a licence in accordance with section 33 [Recommendations of local government or Indigenous nation] of Cannabis Control and Licensing Act.

B/L 2710-2017, B/L 2902-2019

Authority of General Manager to provide forms

1.4   (1.4.1) The General Manager is authorized to create, update and amend the forms for development applications, Permits and other administrative forms associated with the processing and review of the applications under this Bylaw, from time to time.

Delegation of powers

2.1   (2.1.1) In accordance with the Local Government Act, Council delegates to the Director the power to:

(a) issue development permits, temporary commercial or industrial use permits and heritage alteration permits and amendments or renewals thereof; and

(b) require the Applicant for a Permit to provide a security in an amount determined, in accordance with the guidelines of this Bylaw.

(2.1.2) In accordance with the Strata Property Act, Council delegates to the Approving Officer, the power to approve an application to deposit a strata plan for the conversion of a previously occupied commercial or industrial building.

(2.1.3) In accordance with the Liquor Control and Licensing Act, Council delegates to the General Manager the power to provide comments on a liquor license endorsement application for a temporary use area and or special event area and their amendments and renewals.

B/L 2710-2017

(2.1.4) Notwithstanding Section 2.1.1 (a) , an application for a development permit, temporary commercial or industrial use permit or heritage alteration permit, which includes a development variance permit will be referred to Council and dealt with in the manner of a development variance permit.

B/L 2710-2017

(2.1.5) A Permit authorized for issuance by either Council or the Director will only be issued when the Permittee first, in writing, acknowledges and agrees to abide by the terms and conditions of the Permit.

B/L 2710-2017

Application refusal and reconsideration

2.2   (2.2.1) If an application under this Bylaw is not approved by Council, the Director will notify the Applicant in writing within ten (10) days of the decision not to approve.

B/L 2606-2016

(2.2.2) If an application for a Permit, strata title conversion for a previously occupied commercial or industrial building or a registered legal agreement appeal under this Bylaw is not approved by the Director or Approving Officer, as applicable, the Director or Approving Officer, as applicable, will provide the Applicant with written reasons for the refusal within ten (10) days of the decision not to approve.

B/L 2606-2016

(2.2.3) Where an application under Section 2.2.2 is not approved by the Director or Approving Officer, as applicable, the Owner of land that is subject to the decision is entitled to have Council reconsider the matter, in accordance with the City's Appeal Procedure Bylaw, 2016.

B/L 2606-2016

(2.2.4) Subject to Section 2.2.3 , where an application under this Bylaw is not approved by Council or the Director or the Approving Officer, as applicable, or is closed, in accordance with Sections 2.4.1 to 2.4.6 , a person wishing to pursue the same application must submit a new application in accordance with Section 2.3 . Despite the foregoing, re-application will not be accepted less than six (6) months after the date of the decision not to approve or to close the original application.

B/L 2606-2016

Application submission

2.3   (2.3.1) In accordance with the Liquor Control and Licensing Act, Council delegates to the General Manager the power to provide comments on a liquor license endorsement application for a temporary use area and or special event area and their amendments and renewals.

(2.3.2) All applications under this Bylaw must be:

(a) submitted to the Planning and Development Services Department on the application form provided by the City;

(b) signed by the Owner;

(c) accompanied by the supporting documentation and attachments prescribed on the application form; and

(d) accompanied by the applicable application fee, prescribed in the City's Development Application and Service Fee Bylaw, 2010.

B/L 2902-2019

(2.3.2.1) In addition to the requirements set out in section 2.3.2, each application for a Provincial Non-Medical Cannabis Retail Licence Application must include:

(a) a site plan identifying the proposed Cannabis Store location, including proposed access, parking and loading areas;

(b) evidence that the applicant owns, leases or has an agreement to purchase or lease the commercial unit or building in which the Cannabis Store is proposed to be located;

(c) evidence that the applicant has applied to the Liquor and Cannabis Regulation Branch in respect of a retail store licence;

(d) the floor plan for the proposed Cannabis Store;

(e) drawings or renderings of the interior and exterior of the proposed Cannabis Store;

(f) evidence that the proposed Cannabis Store layout and security program comply with provincial requirements;

(g) the applicant's business experience, including relevant experience in a federally or provincially regulated sector or industry subject to age restrictions;

(h) a declaration that the applicant, or any of its principals or affiliates, are not engaged in the unauthorized sale or distribution of cannabis;

(i) disclosure of any unpaid fines for which the applicant, or any of its principals or affiliates, is liable in respect of City bylaw contraventions other than those for which the time limit for adjudication has not yet expired.

(j) evidence that the proposed Cannabis Store branding complies with provincial requirements and the City's Sign Bylaw.

(2.3.2.2) In addition to the requirements set out in section 2.3.2 and section 2.3.2.1, each application for a Provincial Non-Medical Cannabis Retail Licence Application may include:

B/L 2902-2019

(a) a description of proposed measures to mitigate potential adverse impacts of the proposed Cannabis Store on nearby stores and buildings and on the following sensitive land uses:

(i) elementary, middle and secondary schools;

(ii) municipal parks;

(iii) municipal recreation facilities;

(iv) child care facilities;

(v) emergency shelters;

(ci) recovery facilities for vulnerable populations;

(b) information concerning the extent to which the proposed Cannabis Store employs best practices for Crime Prevention Through Environmental Design (CPTED);

(c) details of the proposed Cannabis Store's business operations, including

(i) store hours,

(ii) staffing,

(iii) training,

(iv) procedures to prevent service to minors, and

(v) procedures to prevent cannabis consumption in or near the Cannabis Store;

(d) any other information relevant to the City's consideration of the application.

(2.3.3) Applications not accompanied by the supporting documentation and attachments, prescribed on the application form provided by the City, will not be accepted. Where an Applicant submits an incomplete application, the Applicant will be notified of the application deficiencies, and the application will be accepted for review once the deficiencies have been addressed. Despite the foregoing, if in the opinion of the Director, the content of the application is sufficient to proceed with review despite its deficiencies, the application will be considered to be made in conformance with this Bylaw.

Lapse of application

2.4   (2.4.1) Unless otherwise stated in this Bylaw, and except for a subdivision application, all applications made in conformance with this Bylaw that have not been considered by Council or the Director or Approving Officer, as applicable or in accordance with applicable provincial legislation, within one (1) year following the application submission date, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days.

(2.4.2) Further to Sections 2.4.3 to 2.4.6 , where an extension has been granted, the Applicant will be notified in writing at the end of the extension period that the application will be closed in 60 days.

(2.4.3) Where a bylaw amendment application is made, in conformance with this Bylaw, and the bylaw that is the subject of the application has not received first reading within one (1) year following the issuance of the First Review Letter, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time six (6) month extension may be granted at the discretion of the General Manager.

(2.4.4) Further to Section 2.4.3 , where a bylaw is given first reading within the one (1) year following the issuance of the First Review Letter, the application will be deemed active and will remain open for one (1) year following the public hearing date. Where the bylaw is not adopted within the one (1) year following the public hearing date, the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time one (1) year extension may be granted at the discretion of the General Manager.

(2.4.5) Where a Permit application is made, in conformance with this Bylaw, and the Permit that is the subject of the application has not been authorized for issuance within the one (1) year following the issuance of the First Review Letter, the application will be deemed inactive and the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time six (6) month extension may be granted at the discretion of the General Manager.

(2.4.6) Further to Section 2.4.5 , where a Permit has been authorized for issuance within the one (1) year following the issuance of the First Review Letter, the application will be deemed active and will remain open for one (1) year following the Permit authorization date. Where the Permit is not issued within the one (1) year following the Permit authorization date, the Applicant will be notified in writing that the application will be closed in 60 days. Despite the foregoing, where prior to the lapse of the application the Applicant submits a written request for an extension, a one-time one (1) year extension may be granted at the discretion of the General Manager.

Application fee refund

2.5   (2.5.1) Application fees will be refunded in accordance with the City's Development Application and Service Fee Bylaw, 2010.

Report

2.6   (2.6.1) Where Council is to consider an application made in conformance with this Bylaw, Council will be provided with a report authorized by the General Manager.

(2.6.2) Where the Director is to consider an application made in conformance with this Bylaw, the Director will be provided with a staff report, in a format acceptable to the Director;

Notification and consultation

3.1   (3.1.1) All applications under this Bylaw are subject to notification and consultation, in accordance with Table 1, as set out in Schedule "B", Notification and Consultation Requirements by Application Type, and Sections 3.1.2 to 3.1.19 below, as applicable.

B/L 2710-2017

(3.1.2) In addition to any consultation or referrals required by statute, every application will be referred to private utilities, agencies, organizations and senior government, for review and comment, as deemed appropriate by the Director.

(3.1.3) Official Community Plan applications and housing agreement applications for a supportive recovery use will be presented for public review at a City hosted information meeting, prior to proceeding for Council consideration.

(3.1.4) The information meeting required under Section 3.1.3 will be open to the public.

(3.1.5) The City will publish notice of an information meeting in a newspaper, at least three (3) and not more than 14 days, before the scheduled information meeting.

(3.1.6) The City will publish notice of a public hearing in at least two (2) consecutive issues of a newspaper, the last publication to appear not less than three (3) and not more than ten (10) days before the scheduled public hearing.

(3.1.7) The City will publish notice of a Director Hearing in a newspaper, at least three (3) and not more than 14 days, before the date of the scheduled Director Hearing.

(3.1.8) Written notification of an information meeting will be mailed, or otherwise delivered, to the Owners and tenants in occupation of all lots:

(a) any part of which is the subject of the bylaw;

(b) any part of which is both in the Agricultural Land Reserve and within 500 m of the area subject to the bylaw;

(c) any part of which is both outside the Agricultural Land Reserve and within 250 m of the area subject to an Official Community Plan bylaw amendment;

(d) any part of which is both outside the Agricultural Land Reserve and within 100 m of the area subject to a housing agreement bylaw;

(e) any part lying beyond the notification radii in Sections 3.1.8 (b),  (c) and  (d) that the Director, exercising reasonable judgement, deems appropriate to include; and

(f) at least ten (10) days before the date of the scheduled information meeting.

(3.1.9) Written notification of a public hearing will be mailed, or otherwise delivered, to the Owners and tenants in occupation of all lots:

(a) any part of which is the subject of the bylaw;

(b) any part of which is both in the Agricultural Land Reserve and within 500 m of the area subject to the bylaw any part of which is both outside the Agricultural Land Reserve and within 250m of the area subject to an Official Community Plan bylaw amendment;

(c) any part of which is both outside the Agricultural Land Reserve and within 100m of the area subject to a zoning bylaw amendment;

(d) any part lying beyond the notification radii in Section 3.1.9 (b) and  (c) that the Director, exercising reasonable judgement, deems appropriate to include; and

(e) at least ten (10) days before the date of the scheduled public hearing or neighbourhood information meeting, as applicable.

(3.1.10) In accordance with the Local Government Act, notice of a public hearing is not required if the application for a bylaw amendment affects ten (10) or more parcels owned by ten (10) or more persons.

(3.1.11) Written notification of a Council hearing will be mailed, or otherwise delivered, to the Owners and tenants in occupation of all lots:

(a) any part of which is the subject of the Permit;

(b) any part of which abuts or would abut the land that is the subject of the Permit were it not for an intervening road allowance, lane or pedestrian walkway;

(c) any part lying beyond the notification radii in Sections 3.1.11 (a) and  (b) that the Director, exercising reasonable judgement, deems appropriate to include; and

(d) at least ten (10) days before the date of the scheduled Council hearing.

(3.1.12) Written notification for a Director Hearing will be mailed, or otherwise delivered, in accordance with Section 3.1.11

(3.1.13) The Applicant for an application to amend the Zoning Maps, or to amend or discharge a land use contract (excluding a bylaw amendment to consider a suite), must, at their sole expense erect a sign or signs on the land that is subject to the application.

(3.1.14) Signage required under Section 3.1.13 must be:

(a) erected at least three (3) weeks prior to a bylaw amendment application advancing to Council;

(b) posted centrally on the frontage of the land and multiple signs must be posted where the lands have frontage on multiple streets;

(c) despite Section 3.1.14 b), where the land is a corner lot of less than 1000 m2 in size, one sign may be posted on the corner of the land;

(d) posted on land that is adjacent to City parkland so that it is visible to the users of the park;

(e) developed in accordance with the specifications and requirements provided by the General Manager;

(f) maintained and updated as necessary to reflect changes to the application;

(g) visible on the lands until such time as the bylaw amendment application is withdrawn by the Applicant, closed by the City, denied by Council or implemented through the adoption of the bylaw amendment application; or until such a time as the subdivision application is withdrawn by the Applicant, denied or approved by the City's Approving Officer, as applicable;

(h) removed from the lands within 30 days of the finalization of the application.

(3.1.15) The Applicant must provide the Planning and Development Services Department with photographic evidence that any signs required by this Bylaw have been installed in accordance with Section 3.1.14 .

(3.1.16) If an Applicant fails to post the required sign, Council may postpone its consideration of the application and the Applicant must pay all the City's costs of public notification as a result of such postponement.

(3.1.17) Development notification signage is not required where the amendment of the Zoning Map is initiated by the City and the City does not own the land; or where the amendment of the Zoning Map affects ten (10) or more parcels owned by ten (10) or more persons.

(3.1.18) Pending the resolution of a postal strike, no public hearing, Council hearing or Director hearing will be scheduled, unless the Applicant agrees to pay the cost of commercial courier delivery of the notices required under Sections 3.1.8 to 3.1.12 .

(3.1.19) Further to Section 3.1.18 , the Applicant must post a security deposit for the costs of a commercial courier for delivery to all local property Owners and residents subject to notification and to all non-resident property Owners.

Security deposit

4.1   (4.1.1) Where a development permit is required, in accordance with the Official Community Plan, for reasons of protection of the natural environment, ecosystems and biological diversity, or the protection of development from hazardous conditions, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.2) The security deposit required under Section 4.1.1 will be determined by the Director, as follows:

(a) for the installation, maintenance and monitoring of erosion and sediment control measures, in accordance with the City's Erosion and Sediment Control Bylaw, 2006; and for the completion of mass lot grading, in accordance with an accepted plan, an amount equal to $12,000 per hectare of land proposed to be developed or $10,000, whichever is greater;

(b) for works limited to tree felling only, excluding any earth works, an amount equal to $3,000 per hectare of land subject to tree felling and the cost of all replacement trees; and

(c) for the completion of all other works, including Subsections (i) to (vii) , the security deposit will be determined by an itemized cost estimate prepared by the Permittee's registered professional engineer or other Qualified Professional, as applicable:

(i) completion of geotechnical works necessary to protect the site from hazardous conditions;

(ii) installation of tree protection fencing and other temporary fencing;

(iii) installation of permanent fencing and signage for the protection of the natural environment;

(iv) installation, maintenance and monitoring replacement trees;

(v) implementation of specific plant and wildlife mitigation measures such as species salvages, wildlife tunnels, etc.;

(vi) installation, maintenance and monitoring of habitat enhancement, mitigation or restoration works; and

(vii) installation, maintenance and monitoring of physical works within a streamside protection and enhancement area.

(4.1.3) Where a development permit is required for reasons of establishing objectives for the form and character of multi-family, commercial and industrial developments, including a requirement to undertake landscaping works, including soft landscaping (such as trees, hedges, planting beds, vines, lawn, etc.), hard landscaping (such as pavers, brick, concrete, sculptures, retaining walls, etc.), and landscape structures (such as fences, trellis, arbours, retaining walls, lighting, etc.), the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.4) The security deposit, required under Section 4.1.3 , will be determined by an itemized cost estimate prepared by the Permittee's registered British Columbia landscape architect, or other Qualified Professional, as applicable, for the purchase, installation, maintenance and monitoring of the landscaping works.

(4.1.5) Where a development permit is required for the protection of farming from impact associated with urban development, including a requirement to establish a landscape buffer, which may include vegetation, fencing, berms, swales and trails, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.6) The security deposit, required under Section 4.1.5 , will be determined by an itemized cost estimate prepared by the Permittee's registered British Columbia landscape architect, or other Qualified Professional, as applicable, for the purchase, installation, maintenance and monitoring of the agricultural buffer.

(4.1.7) Where a heritage alteration permit is required for the preservation of land, buildings and structures located within a heritage conservation area, including a requirement to establish landscaping, or develop a building or land in a specific manner in order to comply with guidelines specific to a heritage conservation area, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.8) The security deposit, required under Section 4.1.7 , will be determined by an itemized cost estimate prepared by the Permittee's registered British Columbia landscape architect, registered architect, or other Qualified Professional, as applicable.

(4.1.9) Where a commercial or industrial temporary use permit is required to allow a commercial or industrial use to operate on land that would otherwise be prohibited under the City's Zoning Bylaw, 2014, and the Permit includes a requirement to undertake landscaping works or other works necessary to avoid damage to the natural environment or to prevent an unsafe condition on the land, the Permit will require that the Permittee provide a security deposit, which may be used by the City to undertake and complete the works required to satisfy the terms, requirements and conditions or to ameliorate the effects of the contravention or non-compliance of the Permit.

(4.1.10) The security deposit, required under Section 4.1.9 , will be determined by an itemized cost estimate prepared by the Permittees registered British Columbia landscape architect, registered architect, registered professional engineer or other Qualified Professional, as applicable

Security form and payment

4.2   (4.2.1) The security deposit, required under Sections 4.1.1 to 4.1.10 , will be provided to the City prior to issuance of the development permit, heritage alteration permit or a commercial or industrial temporary use permit, and must be in the form of an irrevocable letter of credit or other form of security satisfactory to the Director of Finance, and must include a 10% contingency.

Inspection fees

4.3   (4.3.1) To cover the cost of periodic municipal inspections of the work to be undertaken under the terms of a development Permit, heritage alteration permit or a commercial or industrial temporary use permit, inspection fees must be provided, in accordance with City's Development Application and Service Fee Bylaw, 2010.

Release of security

4.4   (4.4.1) Upon receipt of a final inspection form and a sealed final inspection report from the Permittee's registered professional engineer, Qualified Environmental Professional or other Qualified Professional, as applicable, the security, required under Sections 4.1.1 to 4.1.2 , may be reduced proportionately as areas of the site are completed and accepted by the General Manager, Engineering and Regional Utilities, and the Director of Development Planning, as applicable, unless otherwise specified under the terms and conditions of the development permit.

(4.4.2) Upon receipt of final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from another Qualified Professional, as applicable, the security deposit, required under Sections 4.1.3 to 4.1.4 , may be reduced proportionately as areas of the site are completed and accepted by the Director up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.3) Further to Section 4.4.2 , the City will retain 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

(4.4.4) Upon receipt of a final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from another Qualified Professional, as applicable, the security deposit, required under Sections 4.1.5 to 4.1.6 , may be reduced proportionately as areas of the site are completed and accepted by the Director up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.5) Further to Section 4.4.4 , the City will retain a 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

(4.4.6) Upon receipt of a final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from another Qualified Professional, as applicable, the security deposit, required under Sections 4.1.7 to 4.1.8 , may be reduced proportionately as areas of the site or portions of the building or structure are completed and accepted by the Director or the Director, Building and Development Engineering, as applicable, up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.7) Further to Section 4.4.6 , the City will retain 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

(4.4.8) Upon receipt of a final inspection form and a Schedule L3 (assurance of professional field review and compliance) from the Permittee's registered British Columbia landscape architect or a sealed final inspection report from a registered professional engineer or other Qualified Professional, as applicable, the security deposit required under Sections 4.1.9 to 4.1.10 , may be reduced proportionately as areas of the site or portions of the building or structure are completed and accepted by the Director, General Manager or Director, Building and Development Engineering, as applicable, up to a maximum of 90% of the total security deposit, unless otherwise specified by the terms and conditions of the Permit.

(4.4.9) Further to Section 4.4.8 , the City will retain 10% of the total security deposit for one (1) year warranty period, unless otherwise specified by the terms and conditions of the development permit.

Administration

5.1   (5.1.1) A copy of all Permits and Permit amendments issued by the City will be retained by the Planning and Development Services Department, who will make the same available for perusal by any member of the public upon request during normal business hours.

Repeal

6.1   Bylaw No. 830-1999, Development Application Procedures Bylaw; 215-96, Heritage Alteration Permit Application Procedures Bylaw; and 1914-2009, Delegation of Council Authority Bylaw, and any and all amendments, are hereby repealed.

READ A FIRST TIME on February 15, 2016 READ A SECOND TIME on February 15, 2016 READ A THIRD TIME on February 15, 2016 RESCIND THIRD READING on February 29, 2016 REREAD A THIRD TIME on February 29, 2016 ADOPTED on March 14, 2016

Schedule "A"

Definitions

"Applicant" means the Owner of the land which is the subject of the application.

"Approving Officer" means the an Approving Officer, as defined in the Land Title Act

"City" means the City of Abbotsford.

"City Clerk" means the Director, Legislative Services / City Clerk, for the City, or designate, unless otherwise stated.

"Council" means the Council of the City. Director means the Director, Development Planning, for the City, or designate, unless otherwise stated.

"Director of Finance" means the Director of Finance for the City, or designate, unless otherwise stated.

"First Review Letter" means a letter issued by the City following completion of an initial review of an application.

"General Manager" means the General Manager, Planning and Development Services, for the City, or designate, unless otherwise stated.

"Official Community Plan" means the Official Community Plan of the City.

"Owner" means, in respect of real property, the registered owner or the person authorized by the owner, or as otherwise defined under the Community Charter.

"Permit" means a development permit, a temporary commercial or industrial use permit and a development variance permit authorized for issuance under Part 14 of the Local Government Act or an heritage alteration permit authorized for issuance under Part 15 of the Local Government Act.

"Permittee" means a person who a Permit under this Bylaw is issued to.

"Planning Hearing" means a public meeting to address matters delegated by Council to the General Manager or Director where residents who feel their property will be affected by a proposed development application that is the subject of the public meeting, may provide written or verbal feedback to the General Manager or Director , as applicable.

B/L 2710-2017

"Provincial Non-Medical Cannabis Retail Licence Application" means an application to obtain the City's comments and recommendations on a licence prescribed for the purpose of section 33 Recommendations of local government or Indigenous nation of the Cannabis Control and Licensing Act

B/L 2710-2017, B/L 2902-2019

"Qualified Environmental Professional" means an applied scientist or technologist who practices in a relevant applied science or technology field including, without limitation, the field of agrology, forestry, biology, engineering, geomorphology, geology, hydrology, hydrogeology or landscape architecture, whether acting alone or together with another Qualified Environmental Professional, if:

(a) the individual is registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, acting under that association's code of ethics and subject to disciplinary action by that association;

(b) the individual's area of expertise is recognized in the Assessment Methods as one that is acceptable for the purpose of providing all or part of an assessment report in respect of that development proposal; and

(c) the individual is acting within that individual's area of expertise.

"Qualified Professional" means a professional engineer, geoscientist, architect, biologist, planner, or other professional licensed to practice in British Columbia and includes a Qualified Environmental Professional.

"Zoning Map" means a zoning map in the City's Zoning Bylaw, 2014.

Schedule "B"

Table 1 – Notification and Consultation Requirements by Application Type

B/L 2710-2017, B/L 2902-2019

Application Type

Agency Referrals

Development Sign

Information Meeting

Newspaper Ad

Mail Out

Public Hearing

Council Hearing

Planning Hearing

Agricultural Land Commission

x

             

Bylaw Amendment - OCP

x

 

x

x

x

x

   

Bylaw Amendment - Zoning

x

x

 

x

x

x

   

Bylaw Amendment - Land Use Contract

x

x

 

x

x

x

   

Bylaw Amendment - Land Use Contract (Suite)

x

   

x

x

x

   

Development Permit

x

             

Development Variance Permit

x

     

x

 

x

 

Heritage Alteration Permit

x

             

Housing Agreement - Supportive Recovery

x

 

x

x

x

 

x

 

Housing Agreement - Emergency Shelter / Senior Housing / Other

x

             

Liquor License / Endorsement

x

   

x

x

 

x

 

Liquor License/Endorsement (Temp Use/Special Event Area)

x

   

x

x

   

x

Provincial Non-Medical Cannabis Retail Licence Application

x

   

x

x

 

x

 

Strata Conversion - Commercial / Industrial

x

             

Strata Conversion - Residential

x

             

Temporary Use Permit - Commercial / Industrial

x

   

x

x

   

x

Temporary Use Permit - Renewal

x

             

Registered Legal Agreement Appeal

x

             

Telecommunications Tower

x

   

x

x

 

x