| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
Licence Disclaimer |
| This archived statute consolidation is current to October 27, 2010 and includes changes enacted and in force by that date. For the most current information, click here. | |||
| This Act has "Not in Force" sections. See the Table of Legislative Changes. |
Part 26 — Planning and Land Use Management
872 In this Part:
"adopt", in relation to a bylaw or an official community plan, includes an amendment or repeal;
"density", in relation to land, a parcel of land or an area, means
(a) the density of use of the land, parcel or area, or
(b) the density of use of any buildings and other structures located on the land or parcel, or in the area;
"farm business", "farm operation" and "farmer" have the same meanings as in the Farm Practices Protection (Right to Farm) Act;
"farming area" means an area of land
(a) that is in an agricultural land reserve as defined in the Agricultural Land Commission Act,
(b) that is designated as a farming area under the Farm Practices Protection (Right to Farm) Act, or
(c) in relation to which a person holds a valid and subsisting licence under the Fisheries Act to carry on the business of aquaculture;
"subdivision" means
(a) a subdivision as defined in the Land Title Act, and
(b) a subdivision under the Strata Property Act.
873 Unless express authority is given by another provision of this Part,
(a) the authority of a municipality under this Part is limited to the municipality, and
(b) the authority of a regional district under this Part is limited to that part of the regional district that is not in a municipality.
873.1 (1) A rural land use bylaw adopted under section 886, before that section was repealed by the Local Government Statutes Amendment Act, 2000, is deemed to be a general bylaw under section 138 [municipal codes and other general bylaws] of the Community Charter.
(2) The provisions of a rural land use bylaw are deemed to be provisions of an official community plan, zoning bylaw or subdivision servicing bylaw, as applicable depending on their nature, included in a general bylaw.
(3) Section 876 (2) (a) [OCP to be included as schedule to adopting bylaw] does not apply to a rural land use bylaw.
874 (1) If a bylaw has been enacted by a local government under Division 2, 7, 9 or 11 of this Part, and the minister believes that all or part of the bylaw is contrary to the public interest of British Columbia, the minister may notify the local government
(a) of the minister's objections to the bylaw or a plan, and
(b) that the council or the board must, within 90 days after receipt of the notice, alter the bylaw or plan accordingly.
(2) If the local government does not alter the bylaw or plan in accordance with the notice, the minister may, with the prior approval of the Lieutenant Governor in Council, order the bylaw or plan to be altered in accordance with the notice.
(3) On the date of an order of the minister under subsection (2), the bylaw or plan is conclusively deemed to be altered in accordance with the notice.
(4) An order of the minister under subsection (2) is final and binding.
Division 2 — Official Community Plans
875 (1) An official community plan is a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan, respecting the purposes of local government.
(2) To the extent that it deals with these matters, an official community plan should work towards the purpose and goals referred to in section 849 [regional growth strategy goals].
876 (1) A local government may, by bylaw, adopt one or more official community plans.
(2) An official community plan
(a) must be included in the adopting bylaw as a schedule, and
(b) must designate the area covered by the plan.
(3) In developing an official community plan, the local government must consider any applicable guidelines under section 870 [provincial policy guidelines].
877 (1) An official community plan must include statements and map designations for the area covered by the plan respecting the following:
(a) the approximate location, amount, type and density of residential development required to meet anticipated housing needs over a period of at least 5 years;
(b) the approximate location, amount and type of present and proposed commercial, industrial, institutional, agricultural, recreational and public utility land uses;
(c) the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction;
(d) restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development;
(e) the approximate location and phasing of any major road, sewer and water systems;
(f) the approximate location and type of present and proposed public facilities, including schools, parks and waste treatment and disposal sites;
(g) other matters that may, in respect of any plan, be required or authorized by the minister.
(2) An official community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing.
(3) An official community plan must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the local government proposed with respect to achieving those targets.
878 (1) An official community plan may include the following:
(a) policies of the local government relating to social needs, social well-being and social development;
(b) a regional context statement, consistent with the rest of the community plan, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in the community plan, apply in a regional context;
(c) policies of the local government respecting the maintenance and enhancement of farming on land in a farming area or in an area designated for agricultural use in the community plan;
(d) policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity.
(2) If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under section 877 (1) (g), required or authorized the local government to state a policy with respect to that matter.
879 (1) During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected.
(2) For the purposes of subsection (1), the local government must
(a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and
(b) specifically consider whether consultation is required with
(i) the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan,
(ii) the board of any regional district that is adjacent to the area covered by the plan,
(iii) the council of any municipality that is adjacent to the area covered by the plan,
(iv) first nations,
(v) school district boards, greater boards and improvement district boards, and
(vi) the Provincial and federal governments and their agencies.
(3) Consultation under this section is in addition to the public hearing required under section 882 (3) (d).
881 (1) If a local government has adopted or proposes to adopt or amend an official community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the boards of education for those school districts
(a) at the time of preparing or amending the community plan, and
(b) in any event, at least once in each calendar year.
(2) For consultation under subsection (1), the local government must seek the input of the boards of education as to the following:
(a) the actual and anticipated needs for school facilities and support services in the school districts;
(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a);
(c) the type of school anticipated to be required on the sites referred to in paragraph (b);
(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required;
(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.
882 (1) An official community plan must be adopted by bylaw in accordance with this section.
(2) Each reading of a bylaw under subsection (1) must receive,
(a) in the case of a municipal bylaw, an affirmative vote of a majority of all council members, and
(b) in the case of a regional district bylaw, an affirmative vote of a majority of all directors entitled under section 791 [voting on resolutions and bylaws] to vote on the bylaw.
(3) After first reading of a bylaw under subsection (1), the local government must, in sequence, do the following:
(a) consider the plan in conjunction with
(i) its financial plan, and
(ii) any waste management plan that is applicable in the municipality or regional district;
(b) [Repealed 2000-7-139.]
(c) if the plan applies to land in an agricultural land reserve established under the Agricultural Land Commission Act, refer the plan to the Provincial Agricultural Land Commission for comment;
(d) hold a public hearing on the proposed official community plan in accordance with Division 4 [Public Hearings on Bylaws].
(4) Unless exempted under subsection (6), a regional district bylaw under subsection (1) may only be adopted with the approval of the minister.
(5) In addition to the requirements under subsection (3), a local government may consider a proposed official community plan in conjunction with any other land use planning and with any social, economic, environmental or other community planning and policies that the local government considers relevant.
(6) The minister may make regulations doing one or more of the following:
(a) in relation to subsection (3),
(i) defining areas for which and describing circumstances in which referral to the Agricultural Land Commission under subsection (3) (c) is not required, and
(ii) providing that an exception under subparagraph (i) is subject to the terms and conditions specified by the minister;
(b) in relation to subsection (4),
(i) defining areas for which and describing circumstances in which approval by the minister under that subsection is not required, and
(ii) providing that an exception under subparagraph (i) is subject to the terms and conditions specified by the minister.
(7) Regulations under subsection (6) (b) may be different for different regional districts, different areas and different circumstances.
884 (1) An official community plan does not commit or authorize a municipality, regional district or improvement district to proceed with any project that is specified in the plan.
(2) All bylaws enacted or works undertaken by a council, board or greater board, or by the trustees of an improvement district, after the adoption of
(a) an official community plan, or
(b) an official community plan under section 711 of the Municipal Act, R.S.B.C. 1979, c. 290, or an official settlement plan under section 809 of that Act before the repeal of those sections became effective,
must be consistent with the relevant plan.
Division 4 — Public Hearings on Bylaws
890 (1) Subject to subsection (4), a local government must not adopt an official community plan bylaw or a zoning bylaw without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw.
(2) The public hearing must be held after first reading of the bylaw and before third reading.
(3) At the public hearing all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing.
(3.1) Subject to subsection (3), the chair of the public hearing may establish procedural rules for the conduct of the hearing.
(4) A local government may waive the holding of a public hearing on a proposed bylaw if
(a) an official community plan is in effect for the area that is subject to a proposed zoning bylaw, and
(b) the proposed bylaw is consistent with the plan.
(5) More than one bylaw may be included in one notice of public hearing, and more than one bylaw may be considered at a public hearing.
(6) A written report of each public hearing, containing a summary of the nature of the representations respecting the bylaw that were made at the hearing, must be prepared and maintained as a public record.
(7) A report under subsection (6) must be certified as being fair and accurate by the person preparing the report and, if applicable, by the person to whom the hearing was delegated under section 891.
(8) A public hearing may be adjourned and no further notice of the hearing is necessary if the time and place for the resumption of the hearing is stated to those present at the time the hearing is adjourned.
(9) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a council may adopt an official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading.
891 (1) If a local government makes a delegation in relation to one or more public hearings,
(a) that delegation does not apply to a hearing unless the notice of hearing under section 892 includes notice that the hearing is to be held by a delegate, and
(b) the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in section 892 (2) (e).
(2) If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.
892 (1) If a public hearing is to be held under section 890 (1), the local government must give notice of the hearing
(a) in accordance with this section, and
(b) in the case of a public hearing on an official community plan that includes a schedule under section 970.1 (3) (b), in accordance with section 974.
(2) The notice must state the following:
(a) the time and date of the hearing;
(b) the place of the hearing;
(c) in general terms, the purpose of the bylaw;
(d) the land or lands that are the subject of the bylaw;
(e) the place where and the times and dates when copies of the bylaw may be inspected.
(3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 and not more than 10 days before the public hearing.
(4) If the bylaw in relation to which the notice is given alters the permitted use or density of any area, the notice must
(a) subject to subsection (5), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and
(b) be mailed or otherwise delivered at least 10 days before the public hearing
(i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and
(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice,
of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration.
(5) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.
(6) The obligation to deliver a notice under subsection (4) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.
(8) In respect of public hearings being held under section 890 (1) or waived under section 890 (4), a local government may, by bylaw,
(a) require the posting of a notice on land that is the subject of a bylaw, and
(b) specify the size, form and content of the notice and the manner in which and the locations where it must be posted.
(9) Specifications under subsection (8) (b) may be different for different areas, zones, uses within a zone and parcel sizes.
893 (1) If a local government waives the holding of a public hearing under section 890 (4), it must give notice in accordance with this section.
(2) The notice must state
(a) in general terms, the purpose of the bylaw,
(b) the land or lands that are the subject of the bylaw, and
(c) the place where and the times and dates when copies of the bylaw may be inspected.
(3) Section 892 (3) to (7) applies to a notice under subsection (2), except that
(a) the last publication under section 892 (3) is to be not less than 3 and not more than 10 days before the bylaw is given third reading, and
(b) the delivery under section 892 (4) (b) is to be at least 10 days before the bylaw is given third reading.
(4) to (7) [Repealed 2000-7-144.]
894 (1) After a public hearing, the council or board may, without further notice or hearing,
(a) adopt or defeat the bylaw, or
(b) alter and then adopt the bylaw, provided that the alteration does not
(i) alter the use,
(ii) increase the density, or
(iii) without the owner's consent, decrease the density
of any area from that originally specified in the bylaw.
(2) A member of a council or board who
(a) is entitled to vote on a bylaw that was the subject of a public hearing, and
(b) was not present at the public hearing
may vote on the adoption of the bylaw if an oral or written report of the public hearing has been given to the member by
(c) an officer or employee of the local government, or
(d) if applicable, the delegate who conducted the public hearing.
(3) After a public hearing under section 890 (1) or third reading following notice under section 893, a court must not quash or declare invalid the bylaw on the grounds that an owner or occupier
(a) did not see or receive the notice under section 892 or 893, if the court is satisfied that there was a reasonable effort to mail or otherwise deliver the notice, or
(b) who attended the public hearing or who can otherwise be shown to have been aware of the hearing, did not see or receive the notice, and was not prejudiced by not seeing or receiving it.
Division 5 — Public Information and Advisory Commission
895 (1) A local government that has adopted an official community plan bylaw or a zoning bylaw must, by bylaw, define procedures under which an owner of land may apply for an amendment to the plan or bylaw or for the issue of a permit under this Part.
(2) A local government must consider every application for
(a) an amendment to a plan or bylaw referred to in subsection (1), or
(b) the issue of a permit under this Part that requires a resolution of a council or board.
(3) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the local government members eligible to vote on the reapplication.
896 (1) A local government must maintain a current list of the following:
(a) every bylaw in effect under this Part and Part 27 and a general description of the purpose of the bylaw;
(b) every bylaw under this Part and Part 27 that has been given first reading, a general description of the bylaw and its current status;
(c) every permit issued under this Part and Part 27.
(2) A list under subsection (1) must be available for public inspection at the local government offices during their regular business hours.
(3) Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect the validity of a bylaw or permit referred to in subsection (1).
898 (1) A council may, by bylaw, establish an advisory planning commission to advise council on all matters respecting land use, community planning or proposed bylaws and permits under Divisions 2, 7, 9 and 11 of this Part that are referred to it by the council.
(2) A board may, by bylaw, establish an advisory planning commission for one or more electoral areas or portions of an electoral area to advise the board, or a director of the board representing the electoral area, on all matters referred to it by the board or by that director respecting land use, the preparation and adoption of an official community plan or a proposed bylaw or permit that may be enacted or issued under this Part.
(3) The bylaw establishing an advisory planning commission must provide for
(a) the composition of and the manner of appointing members to the commission,
(b) the procedures governing the conduct of the commission, and
(c) the referral of matters to the advisory planning commission.
(4) At least 2/3 of the members of an advisory planning commission must be residents of the municipality or the electoral area.
(5) A council member, board director, employee or officer of the local government, or an approving officer, is not eligible to be a member of an advisory planning commission, but may attend at a meeting of the commission in a resource capacity.
(6) The members of an advisory planning commission must serve without remuneration, but may be paid reasonable and necessary expenses that arise directly out of the performance of their duties.
(7) [Repealed 1999-37-202.]
(8) If an advisory planning commission is established, minutes of all of its meetings must be kept and, on request, made available to the public.
(9) If the commission is considering an amendment to a plan or bylaw, or the issue of a permit, the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard.
Division 6 — Board of Variance
899 (1) A local government that has adopted a zoning bylaw must, by bylaw, establish a board of variance.
(2) If the population of a municipality is 25 000 or less, the board of variance for the municipality is to consist of 3 persons appointed by the council.
(3) If the population of a municipality is more than 25 000, the board of variance for the municipality is to consist of 5 persons appointed by the council.
(4) A board may establish one or more boards of variance, but, if more than one board of variance is established, the bylaw establishing them must specify the area of the regional district over which each board of variance is to have jurisdiction and those areas must not overlap.
(5) Each board of variance in a regional district is to consist of 3 persons appointed by the board.
(5.1) Two or more local governments may satisfy the obligation under subsection (1) by jointly establishing a board of variance by bylaw adopted by all participating local governments.
(5.2) The bylaw in subsection (5.1) must
(a) specify the area of jurisdiction for the board of variance, which may be all or part of the participating local governments, but must not overlap with the area of jurisdiction of any other board of variance, and
(b) establish rules for
(i) appointment and removal of members of the board of variance, and
(ii) appointment and removal of a chair of the board of variance,
which apply in place of those established by this section and section 900.
(5.3) As an exception to subsections (2) to (5) in relation to a board of variance established under subsection (5.1),
(a) if a municipality is one of the participating local governments, the board of variance is to consist of
(i) 3 persons, if the population of the area of the jurisdiction of the board of variance is 25 000 or less, or
(ii) 5 persons, if the population of the area of the jurisdiction of the board of variance is more than 25 000, and
(b) if a municipality is not one of the participating local governments, a board of variance is to consist of 3 persons.
(6) Subject to subsection (9) and to the rules established under subsection (5.2) (b) (i), an appointment to a board of variance is for the later of
(a) 3 years, and
(b) if no successor has been appointed at the end of the 3 year period, until the time that a successor is appointed.
(7) A person who is
(a) a member of the advisory planning commission or of the local government, or
(b) an officer or employee of the local government
is not eligible to be appointed to a board of variance.
(8) If a member of a board of variance ceases to hold office, the person's successor is to be appointed in the same manner as the member who ceased to hold office, and, until the appointment of the successor, the remaining members constitute the board of variance.
(9) A local government may rescind an appointment to a board of variance at any time.
(10) [Repealed 2003-15-15.]
(11) Members of a board of variance must not receive compensation for their services as members, but must be paid reasonable and necessary expenses that arise directly out of the performance of their duties.
(12) A local government must provide in its annual budget for the necessary funds to pay for the costs of the board.
900 (1) The members of a board of variance must elect one of their number as chair.
(2) The chair may appoint a member of the board of variance as acting chair to preside in the absence of the chair.
(3) A bylaw establishing a board of variance must set out the procedures to be followed by the board of variance, including the manner by which appeals are to be brought and notices under section 901 (4) are to be given.
(4) A board of variance must maintain a record of all its decisions and must ensure that the record is available for public inspection during normal business hours.
901 (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that compliance with any of the following would cause the person hardship:
(a) a bylaw respecting the siting, dimensions or size of a building or structure, or the siting of a manufactured home in a manufactured home park;
(b) a bylaw under section 8 (3) (c) [fundamental powers — trees] of the Community Charter, other than a bylaw that has an effect referred to in section 50 (2) [restrictions on authority — preventing all uses] of that Act if the council has taken action under subsection (3) of that section to compensate or mitigate the hardship that is caused to the person;
(c) the prohibition of a structural alteration or addition under section 911 (5);
(d) a subdivision servicing requirement under section 938 (1) (c) in an area zoned for agricultural or industrial use.
(2) On an application under subsection (1), the board of variance may order that a minor variance be permitted from the requirements of the bylaw, or that the applicant be exempted from section 911 (5), if the board of variance
(a) has heard the applicant and any person notified under subsection (4),
(b) finds that undue hardship would be caused to the applicant if the bylaw or section 911 (5) is complied with, and
(c) is of the opinion that the variance or exemption does not
(i) result in inappropriate development of the site,
(i.1) adversely affect the natural environment,
(ii) substantially affect the use and enjoyment of adjacent land,
(iii) vary permitted uses and densities under the applicable bylaw, or
(iv) defeat the intent of the bylaw.
(3) The board of variance must not make an order under subsection (2) that would do any of the following:
(a) be in conflict with a covenant registered under section 219 of the Land Title Act or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208;
(b) deal with a matter that is covered in a permit under Division 9 of this Part or covered in a land use contract;
(b.1) deal with a matter that is covered by a phased development agreement under section 905.1 [phased development agreements];
(c) deal with a flood plain specification under section 910 (2);
(d) apply to a property
(i) for which an authorization for alterations is required under Part 27,
(ii) that is scheduled under section 970.1 (3) (b) or contains a feature or characteristic identified under section 970.1 (3) (c), or
(iii) for which a heritage revitalization agreement under section 966 is in effect.
(4) If a person makes an application under subsection (1), the board of variance must notify all owners and tenants in occupation of
(a) the land that is the subject of the application, and
(b) the land that is adjacent to land that is the subject of the application.
(5) A notice under subsection (4) must state the subject matter of the application and the time and place where the application will be heard.
(6) The obligation to give notice under subsection (4) must be considered satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice.
(7) In relation to an order under subsection (2),
(a) if the order sets a time within which the construction of the building, structure or manufactured home park must be completed and the construction is not completed within that time, or
(b) if that construction is not substantially started within 2 years after the order was made, or within a longer or shorter time period established by the order,
the permission or exemption terminates and the bylaw or section 911 (5), as the case may be, applies.
(8) A decision of the board of variance under subsection (2) is final.
902 (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that the determination by a building inspector of the amount of damage under section 911 (8) is in error.
(2) On an application under subsection (1), the board of variance may set aside the determination of the building inspector and make the determination under section 911 (8) in its place.
(3) The applicant or the local government may appeal a decision of the board of variance under subsection (2) to the Supreme Court.
Division 7 — Zoning and Other Development Regulation
903 (1) A local government may, by bylaw, do one or more of the following:
(a) divide the whole or part of the municipality or regional district into zones, name each zone and establish the boundaries of the zones;
(b) limit the vertical extent of a zone and provide other zones above or below it;
(c) regulate within a zone
(i) the use of land, buildings and other structures,
(ii) the density of the use of land, buildings and other structures,
(iii) the siting, size and dimensions of
(A) buildings and other structures, and
(B) uses that are permitted on the land, and
(iv) the location of uses on the land and within buildings and other structures;
(d) regulate the shape, dimensions and area, including the establishment of minimum and maximum sizes, of all parcels of land that may be created by subdivision, in which case
(i) the regulations may be different for different areas, and
(ii) the boundaries of those areas need not be the same as the boundaries of zones created under paragraph (a).
(2) The authority under subsection (1) may be exercised by incorporating in the bylaw maps, plans, tables or other graphic material.
(3) The regulations under subsection (1) may be different for one or more of the following, as specified in the bylaw:
(a) different zones;
(b) different uses within a zone;
(c) different locations within a zone;
(d) different standards of works and services provided;
(e) different siting circumstances;
(f) different protected heritage properties.
(4) The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone.
(5) Despite subsections (1) to (4) but subject to subsection (6), a local government must not exercise the powers under this section to prohibit or restrict the use of land for a farm business in a farming area unless the local government receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.
(6) The minister responsible for the Farm Practices Protection (Right to Farm) Act may make regulations
(a) defining areas for which and describing circumstances in which approval under subsection (5) is not required, and
(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.
(7) Regulations under subsection (6) may be different for different regional districts, different municipalities, different areas and different circumstances.
904 (1) A zoning bylaw may
(a) establish different density regulations for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and
(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).
(2) The following are conditions that may be included under subsection (1) (b):
(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;
(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the bylaw, including the number, kind and extent of the housing;
(c) a condition that the owner enter into a housing agreement under section 905 before a building permit is issued in relation to property to which the condition applies.
(3) A zoning bylaw may designate an area within a zone for affordable or special needs housing, as such housing is defined in the bylaw, if the owners of the property covered by the designation consent to the designation.
905 (1) A local government may, by bylaw, enter into a housing agreement under this section.
(2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:
(a) the form of tenure of the housing units;
(b) the availability of the housing units to classes of persons identified in the agreement or the bylaw under subsection (1) for the agreement;
(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);
(d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.
(3) A housing agreement may not vary the use or density from that permitted in the applicable zoning bylaw.
(4) A housing agreement may only be amended by bylaw adopted with the consent of the owner.
(5) If a housing agreement is entered into or amended, the local government must file in the land title office a notice that the land described in the notice is subject to the housing agreement.
(6) Once a notice is filed under subsection (5), the housing agreement and, if applicable, the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement, as amended if applicable.
(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,
(a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 of the Land Title Act, and
(b) neither the assurance fund nor the minister charged with the administration of the Land Title Act, as a nominal defendant, is liable under Part 20 of the Land Title Act.
(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.
905.1 (1) In this section and in sections 905.2 to
"developer" means an owner of land who enters into, or who by assignment becomes a party to, a phased development agreement;
"development" means a development on land owned by a developer and described in a phased development agreement;
"phased development agreement" means a phased development agreement under this section;
"
"specified zoning bylaw provision" means a provision of a zoning bylaw that is specified under subsection (3) of this section for a phased development agreement;
(2) A local government may, by bylaw, enter into a phased development agreement with a developer.
(3) A phased development agreement must identify the land that is being developed and
specify the provisions of a zoning bylaw
(4) A phased development agreement may include additional terms and conditions agreed to by the local government and the developer, including but not limited to terms and conditions respecting one or more of the following:
(a) the inclusion of specific features in the development;
(b) the provision of amenities;
(c) the phasing and timing of the development and of other matters covered by the agreement;
(d) the registration of covenants under section 219 of the Land Title Act;
(e) subject to section 905.4 (3), minor amendments to the agreement, including a definition of "minor amendment" for the purpose of the agreement;
(f) dispute resolution between the parties;
(g) early termination of the agreement, either automatically in the event that terms and conditions are not met or by mutual agreement;
(
(
(
(
(5) Subject to subsection (6), if the specified zoning bylaw provisions
(6) The following changes to the specified zoning bylaw provisions
(a) changes to enable the local government to comply with an enactment of British Columbia or of Canada;
(b) changes to comply with the order of a court or arbitrator or another direction in respect of which the local government has a legal requirement to obey;
(c) changes that, in the opinion of the local government, are necessary to address a hazardous condition of which the local government was unaware at the time it entered into the phased development agreement.
(7) Subject to subsection (8), if a specified zoning bylaw provision is a provision under section 903 (1) (c) (iii) [zoning bylaws], a development permit under section 920 [development permits] that
(a) varies the siting, size or dimensions of buildings and other structures, or
(b) varies the siting, size or dimensions of uses that are permitted on the land
does not apply to the development unless the developer agrees in writing that the development permit will apply.
(8) Subsection (7) does not apply to a development permit for land designated under section 919.1 (1) (a) to (c) and (h) to (j) [designation of development permit areas], if the development permit is approved by the inspector.
(9) For certainty, if a matter included in a phased development agreement is specifically authorized under another section of this Part or Part 27 [Heritage Conservation], the requirements that would apply in relation to that matter under those sections continue to apply.
(
(
(
(
(
905.2 (1) Subject to subsection (2), the maximum term for a phased development agreement is 10 years.
(2) With the approval of the inspector, a local government may enter into a phased development agreement for a term not exceeding 20 years.
(3) Subject to subsection (2), a phased development agreement may be renewed or extended, as long as the renewal or extension will not make the agreement effective for a period that could exceed 20 years.
(4) A phased development agreement may not require the local government to renew or extend a phased development agreement or enter into a subsequent phased development agreement for the same development.
(5) The developer may assign a phased development agreement to a subsequent owner of the land identified in the agreement only if
(a) the subsequent owner is identified in the agreement,
(b) the subsequent owner is a member of a class of persons identified in the agreement, or
(c) the local government agrees to the assignment.
905.3 (1) Subject to subsections (2) to (4), the local government must hold a public hearing in accordance with Division 4 [Public Hearings on Bylaws] before adopting a bylaw under section 905.1 [phased development agreements].
(2) In addition to the notice requirements of section 892 (2) [notice of public hearing], the notice of the public hearing must include the following:
(a) the name of the developer;
(b) a general description of the specified zoning bylaw provisions for the phased development agreement;
(c) the term of the phased development agreement;
(d) a general description of the nature of the development that will be the subject of the phased development agreement;
(e) if the phased development agreement provides for the assignment of the agreement to a subsequent owner of the land that is identified in the agreement, the conditions under which the assignment may occur;
(f) any other information required by regulation.
(3) Section 890 (4) [waiver of public hearings] does not apply to a public hearing under subsection (1) of this section.
(4) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a local government may adopt a phased development agreement bylaw at the same meeting at which the bylaw passed third reading.
905.4 (1) Subject to subsections (2) to (4), if the local government and the developer agree, a phased development agreement may be amended in accordance with this section.
(2) If the phased development agreement provides for minor amendments, the local government may agree to a minor amendment by resolution.
(3) The following matters may not be dealt with as minor amendments to the phased development agreement:
(a) the specified zoning bylaw provisions;
(
(b) provisions regarding the assignment of the agreement to a subsequent owner;
(c) the term of the agreement, unless the amendment will reduce the length of the term;
(d) renewal or extension of the agreement;
(e) the land that is the subject of the agreement;
(f) the definition of "minor amendment" for the purpose of the agreement.
(4) An amendment to a phased development agreement, other than a minor amendment, must be adopted by bylaw, and sections 905.1 to 905.3 apply to the bylaw.
905.5 The following must be made available for public inspection at the local government offices during regular office hours:
(a) the phased development agreement;
(b) any amendments to the phased development agreement;
(c) any agreements, permits, plans or other documents that are incorporated into the phased development agreement, whether directly or by reference.
(
906 (1) A local government may, by bylaw,
(a) require owners or occupiers of any land or building or other structure to provide off-street parking and loading spaces for the building or other structure, or the use of the land, building or other structure, including spaces for use by disabled persons,
(b) establish design standards for spaces required under paragraph (a), including standards respecting the size, surfacing, lighting and numbering of the spaces,
(c) permit off-street parking spaces required under paragraph (a) to be provided, other than on the site of the building or other structure or use, under conditions that are specified in the bylaw, and
(d) as an alternative to complying with a requirement to provide off-street parking spaces under paragraph (a), permit, at the option of the owner or occupier of the land or building or other structure, the payment to the municipality or regional district of an amount of money specified in the bylaw.
(2) Money referred to in subsection (1) (d) is payable
(a) at the time the building permit is issued for the applicable building or other structure, or
(b) if no building permit is required, at the time the use that requires the parking space specified in the bylaw begins.
(3) A bylaw under this section may make different provisions for one or more of the following:
(a) different classes of uses, or of buildings or other structures as established by the bylaw;
(b) subject to subsection (4), different activities and circumstances relevant to transportation needs that are related to
(i) a use,
(ii) a building or other structure, or
(iii) a class of use or of buildings or other structures
as established by the bylaw;
(c) different areas;
(d) different zones;
(e) different uses within a zone.
(4) A provision under section (3) (b) must not increase the number of off-street parking spaces required under subsection (1) (a).
(5) A provision under subsection (3) that establishes requirements with respect to the amount of space for different classes does not apply with respect to
(a) land, or
(b) a building or other structure existing at the time the bylaw came into force,
so long as the land, or building or other structure, continues to be put to a use that does not require more off-street parking or loading spaces than were required for the use existing at the time the bylaw came into force.
(6) A bylaw under this section may exempt one or more of the following from any provisions of such a bylaw:
(a) a class of use, or of buildings or other structures, as established by the bylaw;
(b) an activity or circumstance relevant to transportation needs that is related to
(i) a use,
(ii) a building or other structure, or
(iii) a class of use or of buildings or other structures
as established by the bylaw;
(c) a use, or building or other structure, existing at the time of the adoption of a bylaw under this section.
(7) If money is received by a municipality or regional district under subsection (2), the municipality or regional district must
(a) establish a reserve fund for the purpose of providing
(i) new and existing off-street parking spaces, or
(ii) transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation, and
(b) place the money to the credit of the reserve fund.
(8) If reserve funds are established for both the purpose of subsection (7) (a) (i) and the purpose of subsection (7) (a) (ii), the reserve funds must be separate.
(9) Before June 30 in each year, a local government must prepare and consider a report respecting the previous year in relation to the reserve funds required under this section, including the following information separately for each of the purposes established under subsection (7):
(a) the amounts received under subsection (2) in the applicable year;
(b) the expenditures from the reserve funds in the applicable year;
(c) the balance in the reserve funds at the start and at the end of the applicable year;
(d) the projected timeline for future projects to be funded from the reserve funds.
(10) The local government must make a report under subsection (9) available to the public from the time it considers the report until June 30 in the following year.
907 (1) A local government may, by bylaw, require that an owner of land who carries out construction of a paved area or roof area, manage and provide for the ongoing disposal of surface runoff and storm water in accordance with the requirements of the bylaw.
(2) A local government may, by bylaw, establish the maximum percentage of the area of land that can be covered by impermeable material.
(3) A bylaw under subsection (1) or (2) may be different for
(a) different zones,
(b) different uses in zones,
(c) different areas in zones,
(d) different sizes of paved or roof areas, and
(e) different terrain and surface water or groundwater conditions.
908 (1) Subject to the Transportation Act and section 135 of the Motor Vehicle Act, a local government may, by bylaw, regulate the number, size, type, form, appearance and location of any signs.
(2) A bylaw under subsection (1) may contain different provisions for one or more of the following:
(a) different zones;
(b) different uses within a zone;
(c) different classes of highways.
(3) The power in subsection (1) to regulate includes the power to prohibit, except that a sign that is located on a parcel and relates to or identifies a use on that parcel must not be prohibited.
909 (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or landscaping for one or more of the following purposes:
(a) masking or separating uses;
(b) preserving, protecting, restoring and enhancing the natural environment;
(c) preventing hazardous conditions.
(2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of the following:
(a) different zones;
(b) different uses within a zone;
(c) different locations within a zone.
910 (1) In this section:
"minister" means the minister charged with the administration of the Environmental Management Act;
"Provincial guidelines" means the policies, strategies, objectives, standards, guidelines and environmental management plans, in relation to flood control, flood hazard management and development of land that is subject to flooding, prepared and published by the minister under section 5 of the Environmental Management Act;
"Provincial regulations" means, in relation to a local government, any applicable regulations enacted under section 138 (3) (e) [general authority to make regulations — flood hazard management] of the Environmental Management Act.
(1.1) If a local government considers that flooding may occur on land, the local government may, by bylaw, designate the land as a flood plain.
(2) If land is designated as a flood plain under subsection (1.1), the local government may, by bylaw, specify
(a) the flood level for the flood plain, and
(b) the setback from a watercourse, body of water or dike of any landfill or structural support required to elevate a floor system or pad above the flood level.
(3) A local government, in making bylaws under this section, must
(a) consider the Provincial guidelines, and
(b) comply with the Provincial regulations and a plan or program the local government has developed under those regulations.
(3.1) A bylaw under subsection (2) may make different provisions in relation to one or more of the following:
(a) different areas of a flood plain;
(b) different zones;
(c) different uses within a zone or an area of a flood plain;
(d) different types of geological or hydrological features;
(e) different standards of works and services;
(f) different siting circumstances;
(g) different types of buildings or other structures and different types of machinery, equipment or goods within them;
(h) different uses within a building or other structure.
(4) If a bylaw under subsection (2) applies,
(a) the underside of any floor system, or the top of any pad supporting any space or room, including a manufactured home, that is used for
(i) dwelling purposes,
(ii) business, or
(iii) the storage of goods which are susceptible to damage by floodwater
must be above the applicable flood level specified by the bylaw, and
(b) any landfill required to support a floor system or pad must not extend within any applicable setback specified by the bylaw.
(5) Subject to the Provincial regulations and a plan or program a local government has developed under those regulations, the local government may exempt a person from the application of subsection (4), or a bylaw under subsection (2), in relation to a specific parcel of land or a use, building or other structure on the parcel of land, if the local government considers it advisable and
(a) considers that the exemption is consistent with the Provincial guidelines, or
(b) has received a report that the land may be used safely for the use intended, which report is certified by a person who is
(i) a professional engineer or geoscientist and experienced in geotechnical engineering, or
(ii) a person in a class prescribed by the minister under subsection (7).
(6) The granting of an exemption, and the exemption, under subsection (5) may be made subject to the terms and conditions the local government considers necessary or advisable, including, without limitation,
(a) imposing any term or condition contemplated by the Provincial guidelines in relation to an exemption,
(b) requiring that a person submit a report described in subsection (5) (b), and
(c) requiring that a person enter into a covenant under section 219 of the Land Title Act.
(7) The minister may make regulations prescribing a class of persons the minister considers qualified, for the purposes of this section, to certify reports referred to in subsection (5) (b).
911 (1) If, at the time a bylaw under this Division is adopted,
(a) land, or a building or other structure, is lawfully used, and
(b) the use does not conform to the bylaw,
the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the bylaw.
(2) The use of land, a building or other structure, for seasonal uses or for agricultural purposes is not discontinued as a result of normal seasonal or agricultural practices, including
(a) seasonal, market or production cycles,
(b) the control of disease or pests, or
(c) the repair, replacement or installation of equipment to meet standards for the health or safety of people or animals.
(3) A building or other structure that is lawfully under construction at the time of the adoption of a bylaw under this Division is deemed, for the purpose of this section,
(a) to be a building or other structure existing at that time, and
(b) to be then in use for its intended purpose as determined from the building permit authorizing its construction.
(4) If subsections (1) and (2) authorize a non-conforming use of part of a building or other structure to continue, the whole of that building or other structure may be used for that non-conforming use.
(5) A structural alteration or addition, except one that is required by an enactment or permitted by a board of variance under section 901 (2), must not be made in or to a building or other structure while the non-conforming use is continued in all or any part of it.
(6) In relation to land, subsection (1) or (4) does not authorize the non-conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the adoption of the bylaw under this Division.
(7) For the purposes of this section, a change of owners, tenants or occupants of any land, or of a building or other structure, does not, by reason only of the change, affect the use of the land or building or other structure.
(8) If a building or other structure, the use of which does not conform to the provisions of a bylaw under this Division is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, it must not be repaired or reconstructed except for a conforming use in accordance with the bylaw.
(8.1) If the use of a building or structure that is on land identified in a phased development agreement under section 905.1 [phased development agreements] complies with a zoning bylaw provision specified under section 905.1 (3) for the phased development agreement, subsection (8) does not apply to the building or other structure while the phased development agreement is in effect, unless
(a) the provision has been repealed or amended, and
(b) either
(i) the developer has agreed in writing under section 905.1 (5) that the changes to the zoning bylaw apply, or
(ii) the changes to the zoning bylaw apply under section 905.1 (6) without the written agreement of the developer.
(9) If the use and density of buildings and other structures conform to a bylaw under this Division but
(a) the siting, size or dimensions of a building or other structure constructed before the bylaw was adopted does not conform with the bylaw, or
(b) the siting, size, dimensions or number of offstreet parking or loading spaces constructed or provided before the bylaw was adopted does not conform with the bylaw,
the building or other structure or spaces may be maintained, extended or altered to the extent authorized by subsection (10).
(10) A building or other structure or spaces to which subsection (9) applies may be maintained, extended or altered only to the extent that
(a) the repair, extension or alteration would, when completed, involve no further contravention of the bylaw than that existing at the time the repair, extension or alteration was started, and
(b) in the case of protected heritage property, the repair, extension or alteration is permitted or authorized in accordance with the provisions governing the heritage protection of the property.
(11) Subsections (5) and (8) do not apply to alterations, additions, repairs or reconstruction of a protected heritage property if the alteration, addition, repair or reconstruction is authorized by a heritage alteration permit under section 972.
912 (1) If the use of land or the siting of existing buildings and other structures on the land ceases, as a result of expropriation of land, to conform to a bylaw under this Division, the remainder of the property is deemed to conform.
(2) Subsection (1) does not apply if compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by the owner or occupant as a result of the non-conformity.
(3) If, as a result of an expropriation,
(a) a parcel of land could have been subdivided into 2 or more parcels under the applicable zoning bylaw in effect when the land expropriated was vested in the expropriating authority, and
(b) the parcel, as a result of the expropriation, can no longer be subdivided into the same number of parcels,
the parcel is deemed to conform to the applicable zoning bylaw for the purposes of the subdivision as though the expropriation had not occurred, but only to the extent that none of the parcels that would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by the applicable zoning bylaw.
(4) Subsection (3) does not apply if the owner of the parcel being subdivided has received compensation that is directly attributable to the reduction in the market value of the land that results from the inability to subdivide the parcel in the manner that would have been permitted under the applicable zoning bylaw.
913 (1) Subject to subsections (3) and (4), once a board has given third reading to a zoning bylaw or a subdivision servicing bylaw, the board must forward it to the minister for approval.
(2) A bylaw required to be forwarded under subsection (1) has no effect if it is adopted without the approval of the minister.
(3) Subsection (1) does not apply to a zoning bylaw or a subdivision servicing bylaw that
(a) applies only to an area that is subject to an official community plan or to an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, and
(b) is consistent with the official community plan or official settlement plan.
(4) The minister may make regulations
(a) defining areas for which and describing circumstances in which subsections (1) and (2) do not apply, and
(b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister.
(5) Regulations under subsection (4) may be different for different regional districts, different areas and different circumstances.
914 (1) Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from the adoption of an official community plan or a bylaw under this Division or the issue of a permit under Division 9 of this Part.
(2) Subsection (1) does not apply where the bylaw under this Division restricts the use of land to a public use.
Division 8 — Regulation of Farm Businesses in Farming Areas
915 (1) In this section, "intensive agriculture" means the use of land, buildings and other structures by a commercial enterprise or an institution for
(a) the confinement of poultry, livestock or fur bearing animals, or
(b) the growing of mushrooms.
(2) Despite a zoning bylaw, if land is located in an agricultural land reserve under the Agricultural Land Commission Act and that land is not subject to section 23 (1) of that Act, intensive agriculture is permitted as a use.
(3) Subsections (1) and (2) cease to have effect in an area after a zoning bylaw for that area is approved under section 903 (5).
916 (1) In this section and sections 917 to 919, "minister" means the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.
(2) The minister may establish, publish and distribute standards in relation to farming areas for the guidance of local governments in the preparation of zoning bylaws and bylaws under this Division.
(3) Standards under subsection (2) may differ for different parts of British Columbia.
917 (1) A local government may make bylaws in relation to farming areas
(a) respecting the conduct of farm operations as part of a farm business,
(b) respecting types of buildings, structures, facilities, machinery and equipment that are prerequisite to conducting farm operations specified by the local government and that must be utilized by farmers conducting the specified farm operations,
(c) respecting the siting of stored materials, waste facilities and stationary equipment, and
(d) prohibiting specified farm operations.
(2) A bylaw under subsection (1) may be different for one or more of the following:
(a) different sizes or types of farms;
(b) different types of farm operations;
(c) different site conditions;
(d) different uses of adjoining land;
(e) different areas.
(3) Unless exempted under subsection (4), a bylaw under subsection (1) may only be adopted with the approval of the minister.
(4) The minister may make regulations
(a) defining areas for which and describing circumstances in which approval under subsection (3) is not required, and
(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister.
(5) Regulations under subsection (4) may be different for different regional districts, different municipalities, different areas and different circumstances.
(6) A local government may not exercise a power under this or any other Part of this Act or the Community Charter to do anything that the local government is specifically authorized to do under this section.
918 (1) Sections 903 (5) and 917 do not apply unless a regulation under this section declares that they apply.
(2) The Lieutenant Governor in Council may declare by regulation that, generally or for some or all of the geographic area specified in the regulation, on and after the date specified in the regulation, section 903 (5) or 917 applies to
(a) the board of a regional district specified in the regulation,
(b) the council of a municipality specified in the regulation, or
(c) the local trust committee under the Islands Trust Act of a local trust area specified in the regulation.
919 (1) In this section, "regulation" means a regulation under section 918 respecting the application of section 903 (5) to a board, council or local trust committee.
(2) [Repealed 2000-7-161.]
(3) A board, council or local trust committee to which a regulation applies must review all its zoning bylaws in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.
(4) During the first 3 years after a regulation applies to a board, council or local trust committee, or during any extension to that 3 year period that the minister may grant, the board, council or local trust committee may, by bylaw, amend its zoning bylaws, in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 916 by the minister.
(5) As an exception to the usual requirements regarding zoning bylaws, a bylaw that makes an amendment authorized under subsection (4) may be adopted without public hearing.
919.1 (1) An official community plan may designate development permit areas for one or more of the following purposes:
(a) protection of the natural environment, its ecosystems and biological diversity;
(b) protection of development from hazardous conditions;
(c) protection of farming;
(d) revitalization of an area in which a commercial use is permitted;
(e) establishment of objectives for the form and character of intensive residential development;
(f) establishment of objectives for the form and character of commercial, industrial or multi-family residential development;
(g) in relation to an area in a resort region, establishment of objectives for the form and character of development in the resort region;
(h) establishment of objectives to promote energy conservation;
(i) establishment of objectives to promote water conservation;
(j) establishment of objectives to promote the reduction of greenhouse gas emissions.
(2) With respect to areas designated under subsection (1), the official community plan must
(a) describe the special conditions or objectives that justify the designation, and
(b) specify guidelines respecting the manner by which the special conditions or objectives will be addressed.
(3) As an exception to subsection (2) (b), the guidelines referred to in that subsection may be specified by zoning bylaw but, in this case, the designation is not effective until the zoning bylaw has been adopted.
(4) If an official community plan designates areas under subsection (1), the plan or a zoning bylaw may, with respect to those areas, specify conditions under which a development permit under section 920 (1) would not be required.
920 (1) If an official community plan designates areas under section 919.1 (1), the following prohibitions apply unless an exemption under section 919.1 (4) applies or the owner first obtains a development permit under this section:
(a) land within the area must not be subdivided;
(b) construction of, addition to or alteration of a building or other structure must not be started;
(c) [Repealed 1999-38-53.]
(d) land within an area designated under section 919.1 (1) (a) or (b) must not be altered;
(e) land within an area designated under section 919.1 (1) (d), (h), (i) or (j), or a building or other structure on that land, must not be altered.
(2) Subject to subsections (3) to (6), a local government may, by resolution, issue a development permit that
(a) varies or supplements a bylaw under Division 7 or 11 of this Part,
(b) includes requirements and conditions or
(c) imposes conditions respecting the sequence and timing of construction.
(3) The authority under subsection (2) must be exercised only in accordance with the applicable guidelines specified under section 919.1 in an official community plan or zoning bylaw.
(4) A development permit must not vary the use or density of the land from that permitted in the bylaw except as authorized by subsection (5).
(5) If the land was designated under section 919.1 (1) (b), the conditions and requirements referred to in subsection (7.1) of this section may vary that use or density, but only as they relate to health, safety or protection of property from damage.
(6) A development permit must not vary a flood plain specification under section 910 (2).
(7) For land designated under section 919.1 (1) (a), a development permit may do one or more of the following:
(a) specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit;
(b) require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit;
(c) require natural water courses to be dedicated;
(d) require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment;
(e) require protection measures, including that vegetation or trees be planted or retained in order to
(i) preserve, protect, restore or enhance fish habitat or riparian areas,
(ii) control drainage, or
(iii) control erosion or protect banks.
(7.1) For land designated under section 919.1 (1) (b), a development permit may do one or more of the following:
(a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section 919.1 (1) (b), as areas that must remain free of development, except in accordance with any conditions contained in the permit;
(b) require, in an area that the permit designates as containing unstable soil or water which is subject to degradation, that no septic tank, drainage and deposit fields or irrigation or water systems be constructed;
(c) in relation to wildfire hazard, include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures;
(d) in relation to wildfire hazard, establish restrictions on the type and placement of trees and other vegetation in proximity to the development.
(8) If land has been designated under section 919.1 (1)(d), (e), (f) or (g), a development permit may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures.
(9) If land has been designated under section 919.1 (1) (f), a development permit may include requirements respecting the character of the development, as referred to in subsection (8) of this section, but only in relation to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and other structures.
(10) A development permit for land that has been designated under section 919.1 (1) (c) may include requirements for screening, landscaping, fencing and siting of buildings or other structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land.
(10.1) A development permit for land designated under section 919.1 (1) (h), (i) or (j) may include requirements respecting
(a) landscaping,
(b) siting of buildings and other structures,
(c) form and exterior design of buildings and other structures,
(d) specific features in the development, and
(e) machinery, equipment and systems external to buildings and other structures
in order to provide for energy and water conservation and the reduction of greenhouse gas emissions.
(10.2) A development permit for land designated under section 919.1 (1) (h), (i) or (j) may establish restrictions on the type and placement of trees and other vegetation in proximity to the buildings and other structures in order to provide for energy and water conservation and the reduction of greenhouse gas emissions.
(11) Before issuing a development permit under this section, a local government may require the applicant to provide, at the applicant's expense, a report, certified by a professional engineer with experience relevant to the applicable matter, to assist the local government in determining what conditions or requirements under subsection (7.1) it will impose in the permit.
(12) If a local government delegates the power to issue a development permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.
920.01 (1) For the purposes of section 920.1, an official community plan may do one or more of the following:
(a) specify circumstances in which development approval information may be required under that section;
(b) designate areas for which development approval information may be required under that section;
(c) designate areas for which, in specified circumstances, development approval information may be required under that section.
(2) An official community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.
920.1 (1) For the purposes of this section, "development approval information" means information on the anticipated impact of the proposed activity or development on the community including, without limiting this, information regarding impact on such matters as
(a) transportation patterns including traffic flow,
(b) local infrastructure,
(c) public facilities including schools and parks,
(d) community services, and
(e) the natural environment of the area affected.
(2) If an official community plan includes a provision under section 920.01 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this section and the substance of the information that may be required.
(3) If a bylaw under subsection (2) is adopted, the local government or an officer or employee authorized under subsection (4) may require an applicant for
(a) an amendment to a zoning bylaw under section 903,
(b) a development permit under section 920, or
(c) a temporary use permit under section 921
to provide to the local government, at the applicant's expense, development approval information in accordance with the procedures and policies established under subsection (2) of this section.
(4) A bylaw under subsection (2) may authorize an officer or employee to require development approval information under this section.
(5) An applicant subject to a decision of an officer or employee under subsection (4) is entitled to have the local government reconsider the matter without charge.
(6) A bylaw under subsection (2) that authorizes an officer or employee to require development approval information under this section must establish procedures regarding applying for and dealing with a reconsideration under subsection (5).
(7) Development approval information is not required under this section if the proposed activity or development is a reviewable project as defined in section 1 of the Environmental Assessment Act.
920.2 For the purposes of section 921,
(a) an official community plan, or
(b) a zoning bylaw
may designate areas where temporary uses may be allowed and may specify general conditions regarding the issue of temporary use permits in those areas.
921 (1) On application by an owner of land, a local government may issue a temporary use permit
(a) by resolution, in relation to land within an area designated under section 920.2, or
(b) by bylaw, in relation to land within an area outside a municipality, if there is no official community plan in effect for the area.
(2) [Repealed 2000-7-167.]
(
(
(
(
(4) If a local government proposes to pass a resolution allowing a temporary use permit to be issued, it must give notice in accordance with subsections (5) and (6).
(5) The notice must
(a) state
(i) in general terms, the purpose of the proposed permit,
(ii) the land or lands that are the subject of the proposed permit,
(iii) the place where and the times and dates when copies of the proposed permit may be inspected, and
(iv) the date, time and place when the resolution will be considered, and
(b) be published in a newspaper at least 3 and not more than 14 days before the adoption of the resolution to issue the permit.
(6) Section 892 (4) to (7) applies to the notice.
(7) Sections 890, 891, 892, 894 and 913 apply to a bylaw under subsection (1) (b).
(8) As a condition of the issue of a permit, a local government may require the owner of the land to give an undertaking to
(a) demolish or remove a building or structure, and
(b) restore land described in the permit to a condition specified in the permit by a date specified in the permit.
(9) An undertaking under subsection (8) must be attached to and forms part of the permit.
(10) If the owner of the land fails to comply with all of the undertakings given under subsection (8), the local government may enter on the land and carry out the demolition, removal or restoration at the expense of the owner.
(11) The owner of land in respect of which a temporary use permit has been issued has the right to put the land to the use described in the permit until
(a) the date that the permit expires, or
(b)
whichever occurs first.
(12) In addition to any security required under section 925 (1), a local government may require, as a condition of issuing the permit, that the owner of the land give to the local government security to guarantee the performance of the terms of the permit, and the permit may provide for
(a) the form of the security, and
(b) the means for determining
(i) when there is default under the permit, and
(ii) the amount of the security that forfeits to the local government in the event of default.
(13) A person to whom a temporary use permit has been issued may apply to have the permit renewed, and subsections (8) to (12) apply.
(14) A permit issued under this section may be renewed only once.
(15) If a local government delegates the power to issue a temporary use permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.
922 (1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of a bylaw under any of the following:
(a) section 694 (1) (j) [construction and layout of trailer courts, etc.];
(b) Division 7 [Zoning and Other Development Regulation], 8 [Use of Land for Agricultural Operations] or 11 [Subdivision and Development Requirements] of this Part;
(c) section 8 (3) (g) [fundamental powers — protection of persons and property] of the Community Charter in relation to matters referred to in section 63 (e) [protection — trailer courts, manufactured home parks and camping grounds] of that Act.
(2) As a limit on subsection (1), a development variance permit must not vary
(a) the use or density of land from that specified in the bylaw,
(b) a flood plain specification under section 910 (2), or
(c) a phased development agreement under section 905.1.
(3) In the event of conflict, the provisions of a development variance permit prevail over any provision of the bylaw.
(4) If a local government proposes to pass a resolution to issue a permit under this section, it must give notice in accordance with subsections (5) and (6).
(5) The notice under subsection (4) must state the following:
(a) in general terms, the purpose of the permit;
(b) the land or lands that are the subject of the permit;
(c) the place where and the times and dates when copies of the permit may be inspected.
(6) The notice under subsection (4) must be mailed or otherwise delivered at least 10 days before adoption of the resolution to issue the permit
(a) to the owners, as shown on the assessment roll as at the date of application for the permit, and
(b) to any tenants in occupation, as at the date of the mailing or delivery of the notice,
of each parcel, any part of which is the subject of the permit or is within a distance specified by bylaw from that part of the land that is subject to the permit.
(7) The obligation to give notice under subsection (4) must be considered satisfied if the local government made a reasonable effort to mail or otherwise deliver the notice.
(8) As a restriction on section 176 (1) (e) [corporate powers — delegation] of this Act and section 154 [delegation of council authority] of the Community Charter, a local government may not delegate the issuance of a development variance permit.
923 (1) A board may, by bylaw, designate areas of land that it considers may be subject to flooding, erosion, land slip or avalanche as tree cutting permit areas.
(2) A bylaw may, in respect of an area designated under subsection (1),
(a) regulate or prohibit the cutting down of trees, and
(b) require an owner to obtain, on payment of a fee set by the bylaw, a permit before cutting down a tree.
(3) The bylaw may allow the board, at its discretion, to require an applicant to provide at the applicant's expense, a report certified by a qualified person, agreed upon by both parties, that the proposed cutting of trees will not create a danger from flooding or erosion.
924 (1) If a zoning bylaw is subject to section 52 (3) of the Transportation Act, this section applies in relation to permits under this Division in respect of property within the area covered by the bylaw.
(2) Unless exempted under subsection (4), a permit for the construction of commercial or industrial buildings exceeding 4 500 square metres in gross floor areas must not be issued unless a site plan of the buildings, including traffic circulation and parking areas and facilities, has been approved by the minister responsible for the Transportation Act.
(3) In considering whether to approve a site plan under subsection (2), the minister referred to in subsection (2) must consider only the effect of the proposed development on the controlled access highway.
(4) The minister referred to in subsection (2) may make regulations
(a) defining areas for which and describing circumstances in which approval under subsection (2) of this section or under section 930 (4) is not required, and
(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.
(5) Regulations under subsection (4) may be different for different regional districts, different municipalities, different areas and different circumstances.
925 (1) As a condition of the issue of a permit under this Division but for the purposes only of subsections (2) and (2.1), a local government may require that the applicant for the permit provide security in an amount stated in the permit by whichever of the following the applicant chooses:
(a) an irrevocable letter of credit;
(b) the deposit of securities in a form satisfactory to the local government.
(2) Subsection (2.1) applies if a local government considers that
(a) a condition in a permit respecting landscaping has not been satisfied,
(b) an unsafe condition has resulted as a consequence of contravention of a condition in a permit, or
(c) damage to the natural environment has resulted as a consequence of a contravention of a condition in a permit.
(2.1) In the circumstance referred to in subsection (2), the local government may
(a) undertake, at the expense of the holder of the permit, the works, construction or other activities required to satisfy the landscaping condition, correct the unsafe condition or correct the damage to the environment, and
(b) apply the security under subsection (1) in payment of the cost of the works, construction or other activities, with any excess to be returned to the holder of the permit.
(3) Interest earned on the security provided under subsection (1) accrues to the holder of the permit and must be paid to the holder immediately on return of the security or, on default, becomes part of the amount of the security.
(4) If a local government delegates the power to require security under subsection (1), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.
926 (1) Subject to the terms of the permit, if the holder of a permit under this Division does not substantially start any construction with respect to which the permit was issued within 2 years after the date it is issued, the permit lapses.
(2) If a permit lapses, subject to sections 921 (12) and 925 (2.1), the local government must return any security provided under section 925 (1) to the person who provided it.
927 (1) If a local government issues a permit under sections 920 to 922, it must file in the land title office a notice that the land described in the notice is subject to the permit, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.
(2) In the event of any omission, mistake or misfeasance by the registrar of land titles or the employees of the registrar in relation to the making of a note of the filing under subsection (1) or (3) after the notice is received by the land title office,
(a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,
(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.
(3) If a permit is amended or cancelled, the local government must file a notice of the amendment or cancellation in the manner prescribed by the Lieutenant Governor in Council, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.
(4) If a notice is filed under subsection (1) or (3), the terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit.
(5) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.
928 (1) A local government may issue more than one permit for an area of land.
(2) Land must be developed strictly in accordance with the permit or permits issued.
(3) A permit is binding on the local government as well as on the holder of the permit.
(4) A local government may, by bylaw, designate the form of permits issued under this Division.
929 (1) A local government may direct that a building permit be withheld for a period of 30 days, beginning on the day the application for the permit was made, if it passes a resolution identifying what it considers to be a conflict between a development proposed in the application for a building permit and
(a) an official community plan, or
(b) a bylaw under sections 903 to 907 or 910
(c) [Repealed 2000-7-170.]
that is under preparation.
(2) Subsection (1) does not apply unless a local government has, by resolution at least 7 days before the application for a building permit, begun the preparation of a plan or bylaw that is in conflict with the application.
(3) During the 30 day period referred to in subsection (1), the local government must consider the application for the permit and may
(a) direct the permit be withheld for a further 60 days, or
(b) grant the permit, but impose conditions in it that would be in the public interest, having regard to the plan or bylaw that is under preparation.
(4) If the local government does not adopt a plan or bylaw referred to in subsection (1) within the 60 day period, the owners of the land for which a building permit was withheld under this section are entitled to compensation for damages arising from the withholding of the building permit.
(4.1) For the purposes of subsection (4), Division 3 [Expropriation and Compensation] of Part 8 of this Act applies in relation to a regional district and Division 4 of Part 3 of the Community Charter applies in relation to a municipality.
(5) A council that passes a resolution under subsection (1) may direct that a business licence in respect of the same land be withheld for a period not longer than 90 days, if the council considers that the use to which the land would be put and to which the business licence application relates would be contrary to the use that would be permitted by the bylaw that is under preparation.
(6) Any requirement to approve a permit or licence under this section is subject to section 946.2.
930 (1) In this section, "amend" means modify, vary or discharge.
(2) Subject to subsections (4) and (6), a land use contract that is registered in a land title office may be amended as follows:
(a) by bylaw, with the agreement of
(i) the local government, and
(ii) the owner of any parcel that is described in the bylaw as being covered by the amendment;
(b) by a development permit under section 920 or a development variance permit under section 922, if the amendment does not affect the permitted use or density of use of any parcel against which the contract is registered;
(c) in the manner specified in the land use contract.
(3) A land use contract must not be discharged in the manner provided for in subsection (2) (b).
(4) Unless exempted by regulation under section 924 (4) [controlled access highways], if a parcel affected by an amendment under subsection (2) is subject to section 52 (3) of the Transportation Act,
(a) a bylaw under subsection (2) (a) must not be adopted, and
(b) a development variance permit or a development permit under subsection (2) (b) must not be issued,
until it has been approved by the
(5) If a local government proposes to amend a land use contract under subsection (2) (a) respecting any matter in it relating to density or use of an area covered by the contract, sections 890 to 894 apply.
(6) Unless exempted under subsection (7) or (8), a bylaw of a regional district amending a land use contract must not be adopted until it has been approved by the minister.
(7) Subsection (6) does not apply if the land affected by the amendment is in an area that is subject to an official community plan or an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985.
(8) The minister may make regulations
(a) defining areas for which and describing circumstances in which approval under subsection (6) is not required, and
(b) providing that an exception under paragraph (a) is subject to terms and conditions specified by the minister.
(8.1) Regulations under subsection (8) may be different for different regional districts, different areas and different circumstances.
(9) If a land use contract is amended by bylaw or by a development variance permit or a development permit, the local government must register the amendment in the land title office in accordance with the Land Title Act.
(10) On registration under subsection (9), the registrar of land titles may require
(a) that a certified copy of the bylaw under this section be registered together with the amendment to the land use contract, and
(b) that a certified copy of the development variance permit or development permit be registered together with the land use contract as amended by it.
(11) The registrar of land titles is not required to inquire whether the land use contract amendment has been made in accordance with this Part or whether it is a valid amendment before permitting registration of an amendment under subsection (9).
931 (1) A local government may, by bylaw, impose one or more of the following types of fees:
(a) application fees for an application to initiate changes to the provisions of a plan or bylaw under Division 2, 7 or 11 of this Part or under Part 27;
(b) application fees for the issue of a local government permit under Division 9 of this Part or a permit under section 972;
(c) application fees for an amendment to a land use contract or to a heritage revitalization agreement under section 966;
(d) application fees for an application to a board of variance;
(e) fees to cover the costs of administering and inspecting works and services under this Part that are costs additional to those related to fees under paragraphs (a) to (d);
(f) subdivision application fees, which may vary with the number, size and type of parcels involved in a proposed subdivision.
(2) A fee imposed under subsection (1) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application or other matter to which the fee relates.
(3) The minister may make regulations
(a) that the minister considers necessary or advisable respecting the imposition of fees under subsection (1), and
(b) prescribing fees for applications referred to in subsection (1) (f).
(4) A regulation under subsection (3) prevails over a bylaw under subsection (1) to the extent of any conflict.
(5) No other fee, charge or tax may be imposed in addition to a fee under subsection (1) as a condition of the matter referred to in that subsection to which the fee relates.
(6) A local government, the City of Vancouver or an approving officer must not
(a) impose a fee, charge or tax, or
(b) require a work or service to be provided
unless authorized by this Act, by another Act or by a bylaw made under the authority of this Act or another Act.
Division 10 — Development Costs Recovery
932 In this Division:
"capital costs" includes
(a) planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this Division, and
(b) interest costs directly related to the work that are approved by the inspector to be included as capital costs;
"development" means those items referred to in section 933 (1) (a) and (b) for which a development cost charge may be imposed;
"local government" includes a greater board other than the Board of the Greater Vancouver Sewerage and Drainage District.
933 (1) A local government may, by bylaw, for the purpose described in subsection (2) or (2.1), impose development cost charges on every person who obtains
(a) approval of a subdivision, or
(b) a building permit authorizing the construction, alteration or extension of a building or structure.
(2) Development cost charges may be imposed under subsection (1) for the purpose of providing funds to assist the local government to pay the capital costs of
(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and
(b) providing and improving park land
to service, directly or indirectly, the development for which the charge is being imposed.
(2.1) Development cost charges may be imposed under subsection (1) in a resort region for the purpose of providing funds to assist the local government to pay the capital costs of providing, constructing, altering or expanding employee housing to service, directly or indirectly, the operation of resort activities in the resort region in which the charge is being imposed.
(3) A development cost charge is not payable if
(a) the development does not impose new capital cost burdens on the municipality, regional district or greater board, or
(b) a development cost charge has previously been paid for the same development unless, as a result of further development, new capital cost burdens will be imposed on the municipality, regional district or greater board.
(3.1) Subsection (3) (a) does not apply to a development cost charge imposed under subsection (1) for the purpose referred to in subsection (2.1).
(4) A charge is not payable under a bylaw made under subsection (1) if any of the following applies in relation to a development authorized by a building permit:
(a) the permit authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation under section 220 (1) (h) [statutory exemption for places of public worship] or 224 (2) (f) [permissive exemptions in relation to places of public worship] of the Community Charter;
(b) subject to a bylaw under subsection (4.1) (a), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,
(i) contain fewer than 4 self-contained dwelling units, and
(ii) be put to no other use other than the residential use in those dwelling units;
(c) the value of the work authorized by the permit does not exceed, as applicable,
(i) $50 000, if no bylaw under subsection (4.1) (b) or regulation under subsection (4.2) (a) applies,
(ii) the amount prescribed under subsection (4.2) (a), if no bylaw under subsection (4.1) (b) applies, or
(iii) the amount established by bylaw under subsection (4.1) (b).
(4.01) A charge is not payable under a bylaw made under subsection (1) in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if
(a) subject to a bylaw under subsection (4.1) (c) or a regulation under subsection (4.2) (c), each unit is no larger in area than 29 square metres, and
(b) each unit is to be put to no other use other than the residential use in those dwelling units.
(4.1) A local government may, in a bylaw under subsection (1), do one or more of the following:
(a) provide that a charge is payable under the bylaw in relation to a building permit referred to in subsection (4) (b);
(b) establish an amount for the purposes of subsection (4) (c) (iii) that is greater than the amount otherwise applicable under subsection (4) (c), subject to the maximum value permitted under subsection (4.2) (b);
(c) establish an area for the purposes of subsection (4.01) (a) that is greater than the area otherwise applicable, subject to the maximum area permitted under subsection (4.2) (d).
(4.2) The minister may, by regulation, do one or more of the following:
(a) prescribe an amount for the purposes of subsection (4) (c) (ii);
(b) prescribe a maximum value that may be established under subsection (4.1) (b);
(c) prescribe an area for the purpose of subsection (4.01) (a);
(d) prescribe a maximum area that may be established under subsection (4.1) (c).
(5) A development cost charge that is payable under a bylaw under this section must be paid at the time of the approval of the subdivision or the issue of the building permit.
(6) As an exception to subsection (5), the minister may, in respect of all or different classes of developments, by regulation, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid.
(7) Despite a bylaw under subsection (1), if
(a) a local government has imposed a fee or charge or made a requirement under
(i) section 363 [regional district fees and charges],
(ii) section 194 [municipal fees] of the Community Charter,
(iii) Division 11 [Subdivision and Development Requirements] of this Part, or
(iv) section 729 of the Municipal Act, R.S.B.C. 1979, c. 290, before the repeal of that section became effective,
for park land or for specific services outside the boundaries of land being subdivided or developed, and
(b) the park land or services referred to in paragraph (a) are included in the calculations used to determine the amount of a development cost charge,
the amount of the fee or charge imposed or the value of the requirement made, as referred to in paragraph (a), must be deducted from those classes of development cost charges that are applicable to the park land or the types of services for which the fee or charge was imposed or the requirement was made.
(8) Despite a bylaw under subsection (1),
(a) if an owner has, with the approval of the local government, provided or paid the cost of providing a specific service, outside the boundaries of land being subdivided or developed, that is included in the calculations used to determine the amount of a development cost charge, the cost of the service must be deducted from the class of development cost charge that is applicable to the service, and
(b) if a work required to be provided under an agreement under section 937.1 (2) is included in the calculations used to determine the amount of a development cost charge, the following amounts are to be deducted from the development cost charge that would otherwise be payable for that class of work:
(i) for a development cost charge payable by a developer for a work provided by the developer under the agreement, the amount calculated as
(A) the cost of the work
less
(B) the amount to be paid by the municipality to the developer under section 937.1 (3) (b), other than an amount that is an interest portion under section 937.1 (6) (c);
(ii) for a development cost charge payable by a person other than the developer referred to in subparagraph (i), the amount calculated as
(A) the amount charged under section 937.1 (2) (b) to the owner of the property
less
(B) any interest portion of that charge under section 937.1 (6) (c).
(9) If a board or greater board has the responsibility of providing a service or park land referred to in subsection (2) in a participating municipality, the board or greater board may, by bylaw under subsection (1), impose a development cost charge that is applicable within that municipality.
(10) The municipality must collect and remit a development cost charge imposed under subsection (9) to the regional district or greater board in the manner provided for in the bylaw.
(11) As a restriction on
(a) sections 176 (1) (c) [corporate powers — assistance] and 183 [assistance under partnering agreements], and
(b) sections 8 (1) [natural person powers] and 21 [partnering agreements] of the Community Charter,
but subject to section 933.1 [development for which charges may be waived or reduced], a local government must not provide assistance by waiving or reducing a charge under this section.
(12) and (13) [Repealed 2008-23-26.]
933.1 (1) In this section, "eligible development" means development that is eligible in accordance with an applicable bylaw or regulation under this section as being for one or more of the following categories:
(a) not-for-profit rental housing, including supportive living housing;
(b) for-profit affordable rental housing;
(c) a subdivision of small lots that is designed to result in low greenhouse gas emissions;
(d) a development that is designed to result in a low environmental impact.
(2) Subject to a bylaw under subsection (3) and an applicable regulation under subsection (4), a local government may waive or reduce a charge under section 933 [development cost charges generally] for an eligible development.
(3) For the purposes of subsection (2), the local government, by bylaw
(a) must establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1),
(b) must establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in subsection (1) or different classes of eligible development established in the bylaw, and
(c) may establish the requirements that must be met in order to obtain a waiver or reduction under subsection (2) and the conditions on which such a waiver or reduction may be granted.
(4) The minister may make regulations
(a) establishing,
(b) restricting, or
(c) establishing criteria for determining
what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1).
(5) The authority under subsection (2) is an exception to
(a) section 182 (1) [prohibition against assistance to business] of this Act, and
(b) section 25 (1) [prohibition against assistance to business] of the Community Charter.
(6) If a local government delegates the power under subsection (2), the person who is subject to the decision of the delegate is entitled to have the local government reconsider the matter.
934 (1) A bylaw that imposes a development cost charge must specify the amount of the charge in a schedule or schedules of development cost charges.
(2) Development cost charges may vary as provided in subsection (3), but must be similar for all developments that impose similar capital cost burdens on the local government.
(3) Development cost charges may vary with respect to one or more of the following:
(a) different zones or different defined or specified areas;
(b) different uses;
(c) different capital costs as they relate to different classes of development;
(d) different sizes or different numbers of lots or units in a development.
(4) In setting development cost charges in a bylaw under section 933 (1), a local government must take the following into consideration:
(a) future land use patterns and development;
(b) the phasing of works and services;
(c) the provision of park land described in an official community plan;
(d) how development designed to result in a low environmental impact may affect the capital costs of infrastructure referred to in section 933 (2) and (2.1);
(e) whether the charges
(i) are excessive in relation to the capital cost of prevailing standards of service,
(ii) will deter development,
(iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land, or
(iv) will discourage development designed to result in a low environmental impact
in the municipality or regional district.
(5) A local government must make available to the public, on request, the considerations, information and calculations used to determine the schedule referred to in subsection (1), but any information respecting the contemplated acquisition costs of specific properties need not be provided.
935 (1) A development cost charge paid to a local government must be deposited by the local government in a separate special development cost charge reserve fund established for each purpose for which the local government imposes the development cost charge.
(2) [Repealed 2003-52-394.]
(3) Money in development cost charge reserve funds, together with interest on it, may be used only for the following:
(a) to pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking, that relate directly or indirectly to the development in respect of which the charge was collected;
(b) to pay the capital costs of
(i) acquiring park land or reclaiming land as park land, or
(ii) providing fencing, landscaping, drainage and irrigation, trails, rest-rooms, changing rooms and playground and playing field equipment on park land,
subject to the restriction that the capital costs must relate directly or indirectly to the development in respect of which the charge was collected;
(b.1) to pay the capital costs of providing, constructing, altering or expanding employee housing that relates to servicing, directly or indirectly, the operation of resort activities in the resort region in respect of which the charge was collected;
(c) to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a), (b) or (b.1).
(
(
(
(4) [Repealed 1999-37-206.]
(5) Authority to make payments under subsection (3) must be authorized by bylaw.
936 (1) If a development cost charge bylaw provides for a charge to acquire or reclaim park land, all or part of the charge may be paid by providing land in accordance with subsection (2).
(2) Land to be provided for the purposes of subsection (1) must
(a) have a location and character acceptable to the local government, and
(b) on the day the charge is payable, have a market value that is at least equal to the amount of the charge.
(3) If the owner and the local government are not able to agree on the market value for the purposes of subsection (2) (b), the market value must be determined in accordance with the regulations under section 941 (7).
(4) If partial payment of a development cost charge for park land in the form of land is made, the remainder must be paid in accordance with a bylaw under section 933 (1).
(5) If land is to be provided under subsection (1), either
(a) a registerable transfer of the land must be provided to the local government, or
(b) a plan of subdivision on which the land is shown as park must be deposited in the land title office, in which case section 941 (13) and (14) applies.
(6) Despite section 935 (3), interest earned on money in the park land development cost charge reserve fund may be used by the local government to provide for fencing, landscaping, drainage and irrigation, trails, restrooms and changing rooms, playground and playing field equipment on park land owned by the local government or owned by the Crown and managed by the local government.
937 (1) A bylaw that imposes a development cost charge must not be adopted until it has been approved by the inspector.
(2) The inspector may refuse to grant approval under subsection (1) if the inspector determines that
(a) the development cost charge is not related to capital costs attributable to projects included in the financial plan for the municipality or the regional district, as the case may be,
(b) the local government has not properly considered the matters referred to in section 934 (4), or
(c) in relation to a development cost charge imposed for the purpose referred to in section 933 (2.1), the charge does not relate to resort activities in the resort region.
(3) The inspector may revoke an approval under subsection (1) in respect of all or part of a bylaw that imposes a development cost charge.
(4) If the inspector revokes an approval, the part of the bylaw in respect of which the revocation applies has no effect until the local government amends the bylaw and obtains the inspector's approval of the amendment.
(5) The inspector may require a municipality, regional district or greater board to provide the inspector with a report on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies.
(6) After reviewing the report, the inspector may order the transfer of funds from a development cost charge reserve fund under section 935 (1) to a reserve fund established for a capital purpose.
937.01 (1) Before June 30 in each year, a local government must prepare and consider a report in accordance with this section respecting the previous year.
(2) The report must include the following, reported for each purpose under subsections (2) and (2.1) of section 933 for which the local government imposes the development cost charge in the applicable year:
(a) the amount of development cost charges received;
(b) the expenditures from the development cost charge reserve funds;
(c) the balance in the development cost charge reserve funds at the start and at the end of the applicable year;
(d) any waivers and reductions under section 933.1 (2).
(3) The local government must make the report available to the public from the time it considers the report until June 30 in the following year.
937.1 (1) In this section:
"development works agreement" means an agreement under subsection (2);
"works" means
(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and
(b) improving park land.
(2) Subject to this section, a council may, by bylaw,
(a) enter into an agreement with a developer for the provision of works by the municipality or by the developer,
(b) provide a formula for imposing all or part of the cost of the works on the owners of real property in the area subject to the agreement,
(c) specify when the costs imposed under the formula become a debt payable by the owners to the municipality,
(d) provide that, until the debt is paid, the council, an approving officer, a building inspector or other municipal authority is not obliged to
(i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of a debtor in the area subject to the agreement, or
(ii) do any other thing necessary for the development of real property of a debtor in the area subject to the agreement, and
(e) provide for borrowing the amount required for the municipality to provide a work under the agreement.
(3) Without limiting the matters that may be dealt with in a development works agreement, the agreement
(a) must specify
(i) the area that is the subject of the agreement,
(ii) the works that are to be provided under the agreement,
(iii) for each work, which party is to provide it, and
(iv) for each work, when it is to be provided,
(b) if the developer is to provide works under the agreement, must provide for the payment to the developer of charges collected under this section by the municipality from owners within the area subject to the agreement, and
(c) may require the developer to provide security acceptable to the council to ensure compliance with the agreement.
(4) A bylaw under subsection (2) must not be adopted unless at least one of the following requirements has been met:
(a) the bylaw has received the assent of the electors in the area that is subject to the development works agreement;
(b) no sufficient petition against the development works agreement has been presented to council after it has given notice of intention to adopt the bylaw;
(c) a sufficient petition for the development works agreement has been presented to the council.
(5) Sections 212 to 214 of the Community Charter apply for the purposes of subsection (4) (b) and (c), except that information required in the notice of intention or on each page of the petition for the agreement is the following:
(a) an identification of the proposed development works agreement, including the information referred to in subsection (3) (a);
(b) a statement of the proposed formula as referred to in subsection (2) (b);
(c) an identification of when the costs imposed under the formula are proposed to become a debt payable to the municipality as referred to in subsection (2) (c);
(d) an identification of any proposed authority referred to in subsection (2) (d);
(e) a statement of any proposed borrowing referred to in subsection (2) (e).
(6) A formula under subsection (2) (b)
(a) may be based on the actual cost or on the estimate of the cost as established by the development works agreement,
(b) must provide for the distribution of all or part of the cost among the owners of real property in the area subject to the agreement, and
(c) may provide for increasing the charge payable by owners by an annual interest rate specified in the bylaw.
(7) The time limit specified under subsection (2) (c) must not be later than the time at which a building permit is issued for the property.
(8) At the time specified under subsection (2) (c), the charge imposed under the formula on an owner constitutes a debt of the owner to the municipality.
(9) The failure of the municipality to collect the debt at the time of an approval or the doing of any other thing referred to in subsection (2) (d) does not affect the collectibility of the debt.
(10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw, except that approval of the electors as referred to in section 180 [elector approval required for some loan authorization bylaws] of the Community Charter is not required.
Division 10.1 — School Site Acquisition Charges
937.2 In this Division:
"approved capital plan" means the current capital plan of a board of education as approved under section 142 of the School Act;
"board of education" means a board as defined in section 1 of the School Act;
"eligible development" means
(a) a subdivision of land in a school district, or
(b) any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel
and includes an eligible development as defined in section 933.1(1), in a school district;
"eligible development unit" means a self-contained dwelling unit
(a) authorized by a zoning bylaw or any other enactment, for a parcel created by a subdivision of land in a school district, or
(b) created by any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel;
"eligible school district" means a school district for which the board of education has indicated an eligible school site requirement in its approved capital plan;
"eligible school site requirement" means a requirement for a school site that is set out in
(a) the final resolution of a board of education under section 937.4 (5) (a), and
(b) the approved capital plan of the board of education;
"school site acquisition charge" means the charge set under section 937.5.
937.3 (1) Every person who obtains subdivision approval or a building permit in respect of an eligible development in an eligible school district must pay to the local government, for each eligible development unit that is authorized or will be created, the school site acquisition charge applicable to that category of eligible development.
(2) A school site acquisition charge is imposed under subsection (1) for the purpose of providing funds to assist boards of education to pay the capital costs of meeting eligible school site requirements.
(3) A school site acquisition charge is not payable under subsection (1) if any of the following applies:
(a) the eligible development is within a category that is exempt from school site acquisition charges under the regulations;
(b) a school site acquisition charge has previously been paid for the same eligible development unless, as a result of a further subdivision or issuance of a building permit, more eligible development units are authorized or will be created on the parcel;
(c) subject to a bylaw under subsection (3.1), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,
(i) contain fewer than 4 self-contained dwelling units, and
(ii) be put to no other use other than the residential use in those dwelling units.
(3.1) A local government may, by bylaw, provide that a school site acquisition charge is payable in relation to a building permit referred to in subsection (3) (c).
(3.2) A school site acquisition charge is not payable under subsection (1) in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if
(a) subject to a local government bylaw under section 933 (4.1) (c) or a regulation under subsection (4.2) (c) of that section, each unit is no larger in area than 29 square metres, and
(b) each unit is to be put to no other use other than the residential use in those dwelling units.
(3.3) If a development cost charge is waived or reduced under section 933.1 (2), a school site acquisition charge under subsection (1) of this section must be waived or reduced to the same extent.
(4) A school site acquisition charge payable under this section must be paid at the applicable time as follows:
(a) if a development cost charge is payable under Division 10 in respect of the eligible development, at the same time as the development cost charge is paid;
(b) if no development cost charge is payable under Division 10, at the time of approval of the subdivision if subdivision is required in respect of the eligible development;
(c) if neither paragraph (a) nor (b) applies, at the time that a building permit is issued in respect of the eligible development.
(5) As an exception to subsection (4), the minister may, in respect of all or different categories of eligible development, by regulation
(a) authorize the payment of school site acquisition charges in instalments, and
(b) prescribe conditions under which the instalments may be paid.
937.4 (1) In this section, "local government" includes a local trust committee established under the Islands Trust Act.
(2) Before submitting a capital plan for approval under section 142 of the School Act, a board of education must consult with each local government in the school district, and the board of education and local government must make all reasonable efforts to reach agreement on the following:
(a) a projection of the number of eligible development units to be authorized or created in the school district in the time frame specified by the minister under section 142 of the School Act for school site acquisition planning;
(b) a projection of the number of children of school age, as defined in the School Act, that will be added to the school district as the result of the eligible development units projected under paragraph (a);
(c) the approximate size and the number of school sites required to accommodate the number of children projected under paragraph (b);
(d) the approximate location and value of school sites referred to in paragraph (c).
(3) Following the consultation under subsection (2) with each local government in the school district, the board of education must make a written proposal that sets out its projections on each matter referred to in subsection (2) (a) to (d) for the school district.
(4) The board of education must
(a) consider the proposal referred to in subsection (3) at a public meeting of the board of education, and
(b) provide written notice of the date, time and place of the meeting to each local government in the school district.
(5) After considering the proposal referred to in subsection (3) at one or more meetings under subsection (4), the board of education must
(a) pass a resolution setting out its decisions respecting the matters referred to in subsection (3), and
(b) forward a copy of the resolution to each local government in the school district and request that the local government consider the proposed eligible school site requirements.
(6) A local government that has received a request under subsection (5) (b) must consider the resolution of the board of education at a regular council meeting and, within 60 days of receiving the request,
(a) pass a resolution accepting the resolution of the board of education respecting proposed eligible school site requirements for the school district, or
(b) respond in writing to the board of education indicating that it does not accept the school site requirements for the school district proposed by the board of education and indicating
(i) each proposed eligible school site requirement to which it objects, and
(ii) the reasons for the objection.
(7) If a local government fails to respond within the time required by subsection (6), it is deemed to have agreed to the proposed eligible school site requirements for the school district set out in the resolution of the board of education.
(8) If the local government provides notice under subsection (6) that it does not accept the proposed eligible school site requirements for the school district, the minister responsible for the School Act must appoint a facilitator, whose responsibilities are to
(a) advise all local governments in the school district of his or her appointment, and
(b) assist the board of education and the local governments to reach an agreement on proposed eligible school site requirements.
(9) If the board of education and the local governments reach an agreement under subsection (8), the board of education must
(a) amend the resolution under subsection (5) or pass a new resolution under that subsection to reflect the agreement, and
(b) forward a copy of the new or amended resolution to each local government in the school district.
(10) If no agreement is reached under subsection (8), the facilitator must
(a) make a report to the minister and the minister responsible for the School Act setting out the disagreement between the parties and must make recommendations as to the resolution of the disagreement, and
(b) provide a copy of the report to the board of education and each local government in the school district.
(11) The board of education must attach a copy of the facilitator's report to its capital plan submitted under section 142 of the School Act.
937.5 (1) Subject to the regulations, within 60 days of receiving approval of its capital plan under section 142 of the School Act, the board of education of an eligible school district must, by bylaw, set the school site acquisition charges applicable to the prescribed categories of eligible development for the school district in accordance with the following formula:
| SSAC = [(A X B) ÷ C] X D |
where
| SSAC | = | the school site acquisition charge applicable to each prescribed category of eligible development; |
| A | = | the value of land required to meet the eligible school site requirements of the board of education; |
| B | = | 35%, or, if another percentage is set by regulation, that other percentage; |
| C | = | the number of eligible development units set out in the final resolution of the board of education under section 937.4; |
| D | = | a factor set by regulation for the prescribed categories of eligible development. |
(2) The amount of a school site acquisition charge set under subsection (1) may not exceed the maximum charge prescribed by regulation for each prescribed category of eligible development.
(3) Subject to subsection (4), a school site acquisition charge does not come into effect until 60 days after the day on which the bylaw setting the charge is adopted by the board of education.
(4) If, after an application for a subdivision of land or for the issuance of a building permit in respect of an eligible development has been submitted to an approving officer or a local government, as the case may be, and the applicable fee has been paid,
(a) a school site acquisition charge comes into effect with respect to that eligible development, or
(b) the school site acquisition charge applicable to that eligible development is increased,
the charge or increase does not apply to that eligible development for a period of 12 months after the school site acquisition charge bylaw comes into effect.
937.6 A person who is required to pay a school site acquisition charge under section 937.3 may, in place of the charge, or in partial payment of the charge, provide land to the local government or to the board of education but only if all of the following agree to the provision of that land:
(a) the local government;
(b) the board of education having responsibility for the school district in which the land is located;
(c) the person otherwise required to pay the school site acquisition charge.
937.7 If a school site acquisition charge is payable under section 937.3 in respect of a subdivision approval or the issuance of a building permit, final subdivision approval must not be given and a building permit must not be issued unless one or more of the following has occurred:
(a) the applicable school site acquisition charge has been paid to the local government;
(b) if land is to be provided in the place of a school site acquisition charge under section 937.6,
(i) a registrable transfer of land has been provided to the local government or the board of education, as the case may be, or
(ii) in the case of an application for approval of a subdivision, the approving officer has endorsed on the subdivision plan a statement that final approval to the subdivision is given on the condition that the registrable transfer of land will accompany the application to deposit the subdivision plan in the land title office;
(c) the person otherwise required to pay the charge has provided to the local government, in a form satisfactory to the local government, security for payment of the school site acquisition charge or security for the provision of the land referred to in paragraph (b).
937.8 (1) If a person who is required to pay a school site acquisition charge under section 937.3 has already
(a) provided land for a school site in the school district, or
(b) paid all or part of the cost of a school site in the school district,
the local government may, with the agreement of the board of education, deduct the value of that land or the amount paid or a portion of either from the school site acquisition charge that is payable in respect of an eligible development.
(2) A deduction may not be made under subsection (1)
(a) for land or money provided to the local government under an agreement entered into under section 942 as it read before this section comes into force, or
(b) for land or money provided to the local government or the board of education under a bylaw made under section 937.5.
937.9 (1) The local government to which a school site acquisition charge has been paid must, promptly after receiving payment, provide the money to the board of education of the school district in which the eligible development is located.
(2) If land is provided to a local government under section 937.6, the local government to which the land is provided must, promptly after receiving title to the land, transfer title to the land to the board of education having responsibility for the school district in which the eligible development is located.
(3) Despite subsection (1) or (2), a local government may charge a board of education administration fees and disbursements authorized by the regulations.
937.91 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing categories of eligible development that are exempt from school site acquisition charges under section 937.3 (1);
(b) requiring a local government or board of education to supply information for the purpose of section 937.4;
(c) prescribing categories of eligible development for the purposes of this Division;
(d) prescribing a percentage for the value "B" in the formula set out in section 937.5 (1);
(e) prescribing factors for each prescribed category of eligible development for the value "D" in the formula set out in section 937.5 (1);
(f) establishing maximum school site acquisition charges payable with respect to the different categories of eligible development;
(g) respecting the setting of school site acquisition charges under section 937.5 and, without limitation, enabling or requiring a school district to calculate different school site acquisition charges for one or more local governments in the school district;
(h) governing the procedure a local government or a board of education must follow for the purpose of the calculation referred to in paragraph (g);
(i) respecting administration fees and disbursements that may be charged under section 937.9 (3).
Division 11 — Subdivision and Development Requirements
938 (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land, and for that purpose may, by bylaw, do one or more of the following:
(a) regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with subdivisions of land;
(b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, and be located and constructed in accordance with the standards established by the bylaw;
(c) require that, within a subdivision, a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw.
(2) A bylaw under subsection (1) may be different in relation to one or more of the following:
(a) different circumstances;
(b) different areas;
(c) different land uses;
(d) different zones;
(e) different classes of highways.
(3) A local government must not impose a requirement under subsection (1) (b) or (c) in respect of a subdivision under the Strata Property Act.
(3.1) Before it is adopted, a bylaw under subsection (1) (a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality
(a) must be approved by the minister responsible for the Transportation Act, if the regional district provides the services referred to in section 800 (2) (i) [approving officer services], and
(b) may be approved by that minister for the purposes of section 13.1 (4) of that Act.
(4) If a local government, an improvement district or greater board operates a community water or sewer system, or a drainage collection or disposal system, the local government may, by bylaw, require that a system referred to in subsection (1) (c) be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw.
(5) If there is no community water system, the local government may, by bylaw, require that each parcel to be created by the subdivision have a source of potable water having a flow capacity at a rate established in the bylaw.
(6) As a condition of
(a) the approval of a subdivision, or
(b) the issue of a building permit,
a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.
(7) As a condition of the issue of a building permit, a local government may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.
(8) Requirements under subsections (6) and (7)
(a) may only be made insofar as they are directly attributable to the subdivision or development, and
(b) must not include specific services that are included in the calculations used to determine the amount of a development cost charge, unless the owner agrees to provide the services.
(9) If the owner agrees to provide the services referred to in subsection (8) (b), the calculation of the development cost charge is subject to section 933 (8).
939 (1) For the purposes of this section, "excess or extended services" means
(a) a portion of a highway system that will provide access to land other than the land being subdivided or developed, and
(b) a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed.
(2) A local government may require that the owner of land that is to be subdivided or developed provide excess or extended services.
(3) If an owner, in accordance with a bylaw under section 938, provides a highway or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.
(4) If a local government makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for by
(a) the municipality or regional district, or
(b) if the local government considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.
(5) If the owner is required under subsection (4) (b) to pay all or part of the costs of excess or extended services, the municipality or regional district must
(a) determine the proportion of the cost of providing the highway or water, sewage or drainage facilities that it considers constitutes the excess or extended service,
(b) determine which part of the excess or extended service that it considers will benefit each of the parcels of land that will be served by the excess or extended service, and
(c) impose, as a condition of an owner connecting to or using the excess or extended service, a charge related to the benefit determined under paragraph (b).
(6) If the municipality or regional district pays all or part of the costs of excess or extended services, it may recover costs
(a) by a charge under subsection (5) (c),
(b) by a tax imposed in accordance with Division 5 [Local Service Taxes] of Part 7 of the Community Charter, other than section 211 (1) of that Act, or
(c) by fee imposed in accordance with section 363 [imposition of fees and charges] of this Act or section 194 [municipal fees] of the Community Charter.
(7) If the owner pays all or part of the costs of excess or extended services, the municipality or regional district must pay the owner
(a) all the charges collected under subsection (5) (c), if the owner pays all the costs, or
(b) a corresponding proportion of all charges collected, if the owner pays a portion of the costs.
(8) A charge payable under subsection (5) (c) must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.
(9)
(
940 (1) All works and services required to be constructed and installed at the expense of the owner of the land being subdivided or developed must be constructed and installed to the standards established in the bylaw under section 938 before the approving officer approves of the subdivision or the building inspector issues the building permit.
(2) As an exception, the approval may be given or the permit issued if the owner of the land
(a) deposits, with the municipality or regional district, security
(i) in the form and amount established in the bylaw, or
(ii) if no amount and form is established in the bylaw, in a form and amount satisfactory to the approving officer or building inspector having regard to the cost of installing and paying for all works and services required under the bylaw, and
(b) enters into an agreement with the municipality or regional district to construct and install the required works and services by a specified date or forfeit to the municipality or regional district the amount secured under paragraph (a).
(3) As an exception, security may not be provided under subsection (2) to a regional district in relation to the construction of a highway unless a designated highways official, as defined in the Land Title Act, approves the provision of security for that purpose.
941 (1)
(a) provide, without compensation, park land of an amount and in a location acceptable to the local government, or
(b) pay to the municipality or regional district an amount that equals the market value of the land that may be required for park land purposes under this section determined under subsection (6).
(2) Despite subsection (1), if an official community plan contains policies and designations respecting the location and type of future parks, the local government may determine whether the owner must provide land under subsection (1) (a) or money under subsection (1) (b).
(3) Despite subsections (1) and (2), if a regional district does not provide a community parks service, the option under subsection (1) (b) does not apply and the owner must provide land in accordance with subsection (1) (a).
(4) The amount of land that may be required under subsection (1) (a) or used for establishing the amount that may be paid under subsection (1) (b) must not exceed 5% of the land being proposed for subdivision.
(5) Subsection (1) does not apply to
(a) a subdivision by which fewer than 3 additional lots would be created, except as provided in subsection (5.1),
(b) a subdivision by which the smallest lot being created is larger than 2 hectares, or
(c) a consolidation of existing parcels.
(5.1) Subsection (1) does apply to a subdivision by which fewer than 3 additional lots would be created if the parcel proposed to be subdivided was itself created by subdivision within the past 5 years.
(6) If an owner is to pay money under subsection (1) (b), the value of the land is whichever of the following is applicable:
(a) the average market value of all the land in the proposed subdivision calculated as that value would be on either
(i) the date of preliminary approval of the subdivision, or
(ii) if no preliminary approval is given, a date within 90 days before the final approval of the subdivision,
as though
(iii) the land is zoned to permit the proposed use, and
(iv) any works and services necessary to the subdivision have not been installed;
(b) if the local government and the owner agree on a value for the land, the value on which they have agreed.
(7) If an owner and a local government do not agree on the market value for the purpose of subsection (6), it must be determined in the manner prescribed in the regulations that the minister may make for the purpose.
(8) If an area of land has been used to calculate the amount of land or money provided or paid under this section, that area must not be taken into account for a subsequent entitlement under subsection (1) in respect of any future subdivision of the land.
(9) Subject to subsection (11), land or payment referred to in subsection (1) must be provided or paid to a municipality or regional district before final approval is given, or the owner and the local government may enter into an agreement that the land or payment be provided or paid by a date, specified in the agreement, after final approval has been given.
(10) Notice of an agreement under subsection (9) must be filed with the registrar of land
titles in the same manner as
(11) Despite subsection (9), the minister may, by regulation,
(a) authorize the payment that may be required by this section to be made by instalments, and
(b) prescribe the conditions under which instalments may be paid.
(12) If an owner pays money for park land under this section, the municipality or regional district must deposit this in a reserve fund established for the purpose of acquiring park lands.
(13) If land is provided for park land under this section, the land must be shown as park on the plan of subdivision.
(14) Section 107 of the Land Title Act applies to park land referred to in subsection (13), except that
(a) in the case of land within a municipality, title vests in the municipality, and
(b) in the case of land outside a municipality, title vests in the regional district if it provides a community parks service.
(15) Any reserve fund established by a regional district under the Park (Regional) Act must be continued on the repeal of that Act as a reserve fund under this Act held for the purpose of acquiring regional parks or regional trails.
941.1 (1) A regional district, by bylaw adopted with the approval of the electors, may sell a regional park or regional trail or exchange it for other land to be used for park purposes.
(2) The regional district must place the proceeds of a sale under subsection (1) to the credit of a reserve fund established for the purpose of acquiring regional parks or regional trails.
(3) [Repealed 2004-34-18.]
(4) All land taken in exchange under this section is dedicated for the purpose of a park and title to it vests in the regional district.
(5) Transfers of land under this section have effect free of any dedication to the public for the purpose of a park.
943 If, after
(a) an application for a subdivision of land located outside a municipality has been submitted to a district highway manager in a form satisfactory to that official, or
(b) an application for a subdivision of land within a municipality has been submitted to an approving officer and the applicable subdivision fee has been paid,
a local government adopts a bylaw under this Part that would otherwise be applicable to that subdivision, the bylaw has no effect with respect to that subdivision for a period of 12 months after it was adopted unless the applicant agrees in writing that it should have effect.
944 (1) If a parcel being created by a subdivision fronts on a highway, the minimum frontage on the highway must be the greater of
(a) 10% of the perimeter of the lot that fronts on the highway, and
(b) the minimum frontage that the local government may, by bylaw, provide.
(2) A local government may exempt a parcel from the statutory or bylaw minimum frontage provided for in subsection (1).
(3) As a limitation on section 176 (1) (e) [corporate powers — delegation] of this Act or section 154 [delegation of council authority] of the Community Charter, a local government may delegate its powers under subsection (2) only to an approving officer.
945 (1) An approving officer may require that the owner of the land being subdivided provide, out of the land that is being subdivided and without compensation, land not greater than
(a) 20 metres in depth, for a highway within the subdivision, or
(b) the lesser of
(i) 10 metres in depth, and
(ii) the difference between the current width of a local highway and 20 metres,
for widening an existing local highway that borders or is within the subdivision.
(2) If the approving officer believes that, due to terrain and soil conditions, a roadway of a width of 8 metres cannot, within the 20 metre limit referred to in subsection (1), be adequately supported, protected or drained, the approving officer may determine that the owner provide, without compensation, land of a greater width than that referred to in subsection (1) (a) or (b) that, in the approving officer's opinion, would permit the local highway to be supported, protected or drained.
946 (1) If the requirements of this section are met, an approving officer may approve the subdivision of a parcel of land that would otherwise be prevented from subdivision by a provision in
(a) a bylaw under this Act other than a bylaw under subsection (4), or
(b) a regulation under the Local Services Act
that establishes a minimum parcel size.
(2) An application for subdivision of a parcel under this section may only be made if all the following requirements are met:
(a) the person making the application has owned the parcel for at least 5 years before making the application;
(b) the application is made for the purpose of providing a separate residence for the owner or for the owner's mother, father, mother-in-law, father-in-law, daughter, son, daughter-in-law, son-in-law or grandchild;
(c) the subdivision would not be a subdivision that an approving officer is prevented from approving by subsection (3).
(3) Despite subsection (1), an approving officer must not approve a subdivision under this section in any of the following circumstances:
(a) if
(i) the parcel proposed to be subdivided is classified as farm land for assessment and taxation purposes, and
(ii) after creation of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b), the remainder of the parcel proposed to be subdivided would be less than 2 hectares;
(b) if the parcel proposed to be subdivided
(i) is not within an agricultural land reserve established under the Agricultural Land Commission Act, and
(ii) was created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989;
(c) if the parcel proposed to be subdivided
(i) is within an agricultural land reserve established under the Agricultural Land Commission Act, and
(ii) was within the previous 5 years created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989.
(4) Subject to subsections (5) and (6), a local government may, by bylaw, establish the minimum size for a parcel that may be subdivided under this section, and different sizes may be specified for different areas specified in the bylaw.
(5) A bylaw under subsection (4) does not apply to land within an agricultural land reserve established under the Agricultural Land Commission Act, with the exception of land to which section 23 (1) or (2) of that Act applies.
(6) Any parcel created by subdivision under this section must be at least 1 hectare unless a smaller area, in no case less than 2 500 m2, is approved by the medical health officer.
(7) For 5 years after subdivision under this section,
(a) the use of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b) must be residential use only, and
(b) the use of the remainder of the original parcel must not be changed from the use of the original parcel,
unless the use is changed by bylaw.
(8) For a parcel of land that is not within an agricultural land reserve established under the Agricultural Land Commission Act, or that is within such a reserve but is land to which section 23 (1) or (2) of that Act applies, approval of subdivision under this section may only be given on the condition that
(a) the owner of the original parcel covenants with the local government, in respect of each of the parcels being created by the subdivision, that the parcel
(i) will be used as required by subsection (7), and
(ii) will not be subdivided under this section, and
(b) the covenants referred to in paragraph (a) be registered under section 219 of the Land Title Act at the same time that application is made to deposit the subdivision plan.
(9) If a subdivision referred to in subsection (8) is approved, the approving officer must state on the note of approval required by section 88 of the Land Title Act that the approval is subject to conditions established by subsection (8).
Division 12 — Contaminated Sites
946.1 (1) [Repealed 2003-52-400.]
(2) A municipality or regional district must
(a) assess site profiles referred to in section 40 (1) [site profiles] of the Environmental Management Act, and
(b) in accordance with section 40 (4) [site profiles] of the Environmental Management Act, provide site profiles to a manager.
946.2 (1) This section applies to an application for one or more of the following:
(a) zoning;
(b) development permits or development variance permits;
(c) removal of soil;
(d) demolition permits respecting structures that have been used for commercial or industrial purposes.
(2) A municipality or regional district must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 [site profiles] of the Environmental Management Act unless at least one of the following is satisfied:
(a) the municipality or regional district has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the municipality or regional district is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the municipality or regional district has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to the director under section 40 (4) (b) of that Act and has received notice from a director that a site investigation under section 41 [site investigations] of that Act will not be required by the director;
(c) the municipality or regional district has received a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;
(d) the municipality or regional district has received notice from a director under the Environmental Management Act that the municipality or regional district may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the municipality or regional district has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the municipality or regional district has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the municipality or regional district has received a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.
Contents | Part 1 | Part 1.1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 5.1 | Part 5.2 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada