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LOCAL GOVERNMENT ACT — Continued
[RSBC 1996] CHAPTER 323

Part 26 — Planning and Land Use Management

Division 1 — General

Definitions

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 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 that

(a) is in an agricultural land reserve, or

(b) is affected by a valid and subsisting licence, for aquaculture, under the Fisheries Act;

"subdivision" means

(a) a subdivision as defined in the Land Title Act, and

(b) a subdivision under the Strata Property Act.

Authority under Part

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.

Rural land use bylaws

873.1 (1) A rural land use bylaw adopted under section 886, before that section was repealed by the Local Government Statutes Amendment Act, 2000, is deemed to be a comprehensive general bylaw under section 259.1.

(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 comprehensive 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.

Ministerial orders

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

Purposes of 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].

Authority to adopt by bylaw

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].

Required content

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.

Policy statements in community plans

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.

Consultation during OCP development

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).

Sections Repealed

879.1 and 880 [Repealed 2000-7-135.]

Planning of school facilities

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 school boards 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 school boards 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.

Adoption procedures

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 or capital expenditure program, as applicable, and

(ii) any waste management plan that is applicable in the municipality or regional district;

(b) [Repealed 2000-7-139.]

(c) unless exempted under subsection (6), if the plan applies to land in an agricultural land reserve established under the Agricultural Land Reserve Act, refer the plan to the Land Reserve 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 Land Reserve 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.

Section Repealed

883 [Repealed 2000-7-137.]

Effect of official community plans

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.

Section Repealed

885 [Repealed 2000-7-140.]

Division 3

Sections Repealed

886 to 889 [Repealed 2000-7-141.]

Division 4 — Public Hearings on Bylaws

Public hearings

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 257, a council may adopt an official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading.

Delegating the holding of public hearings

891 (1) If, under section 176 (1) (e) [corporate powers — delegation], 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.

Notice of public 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.

Notice if public hearing waived

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.]

Procedure after a public hearing

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, and

(b) was not present at the public hearing

may vote on the adoption of a bylaw that was the subject of a public hearing, provided that an oral or written report of the public hearing has been given to the member by an officer or employee of the local government or a director who held a hearing delegated under section 891.

(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

Development approval procedures

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.

Information that must be available to the public

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).

Section Repealed

897 [Repealed 2000-7-146.]

Advisory planning commission

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

Establishment of 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 one person appointed by the council, one person appointed by the minister and one person appointed by the other 2 appointees.

(3) If the population of a municipality is more than 25 000, the board of variance for the municipality is to consist of 2 persons appointed by the council, 2 persons appointed by the minister and one person appointed by the other 4 appointees.

(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 one person appointed by the board, one person appointed by the minister and one person appointed by the other 2 appointees.

(6) An appointment under subsections (2) to (5) 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 remove its appointee at any time.

(10) The Lieutenant Governor in Council may

(a) remove the minister's appointee at any time, and

(b) on the recommendation of a local government, remove the person appointed by the other appointees.

(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.

Chair and procedures

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.

Variance or exemption to relieve hardship

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 Division 2 of Part 22, other than

(i) a bylaw under section 711, or

(ii) a bylaw that has an effect referred to in section 714 (1), if the council has taken action under subsection (2) 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;

(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.

Extent of damage preventing reconstruction as non-conforming use

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

Zoning bylaws

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 structures,

(ii) the density of the use of land, buildings and structures,

(iii) the siting, size and dimensions of

(A) buildings and structures, and

(B) uses that are permitted on the land, and

(iv) the location of uses on the land and within buildings and 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.

Zoning for amenities and affordable housing

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.

Housing agreements for affordable and special needs housing

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 is liable vicariously, and

(b) neither the assurance fund nor the Attorney General, 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.

Parking space requirements

906 (1) A local government may, by bylaw, require owners or occupiers of any land, building or structure to provide off-street parking and loading spaces for the use, building or structure, including spaces for use by disabled persons, and may

(a) classify uses, buildings and structures and differentiate and discriminate between classes with respect to the amount of space provided,

(b) exempt from any requirement of a bylaw made under this subsection or subsections (2) and (3),

(i) a class of use, building or structure, or

(ii) a use, building or structure existing at the time of the adoption of a bylaw under this subsection,

(c) impose different requirements for different areas and zones or different uses within a zone, and

(d) establish design standards, including the size, surfacing, lighting and numbering of the spaces.

(2) A bylaw under subsection (1) may

(a) permit off-street parking spaces to be provided, other than on the site of the use, building or structure, under conditions that are specified in the bylaw, or

(b) permit, at the option of the owner or occupier of the land, building or structure, the payment to the municipality or regional district of an amount of money specified in the bylaw, instead of the provision of off-street parking spaces, in cases where the municipality or regional district owns and operates a parking facility within a distance specified in the bylaw from the use, building or structure.

(3) The money referred to in subsection (2) (b) is payable at the time

(a) when the building permit is issued for the building or structure that is being put to the use that requires the parking space specified in the bylaw, or

(b) if no building permit is required, when the use that requires the parking space specified in the bylaw begins.

(4) The municipality or regional district must pay the money paid under subsection (3) into a reserve fund established under section 496 for the provision of new and existing off-street parking spaces, and must use these funds only for that purpose.

(5) [Repealed 1997-25-145.]

(6) A bylaw under subsection (1) (a) does not apply with respect to land or a building or structure existing at the time the bylaw came into force, so long as the land, building or structure continues to be put to a use that does not require more parking or loading spaces than were required for the use existing at the time the bylaw came into force.

Runoff control requirement

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.

Regulation of signs

908 (1) Subject to the Highway 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.

Screening and landscaping to mask or separate uses

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.

Construction requirements in relation to flood plain areas

910 (1) If a local government or the Minister of Environment, Lands and Parks considers that flooding may occur on land

(a) the local government may, by bylaw, or

(b) the Minister of Environment, Lands and Parks may, by order,

designate the land as a flood plain.

(2) If land is designated a flood plain under subsection (1),

(a) the local government may, by bylaw, or

(b) the Minister of Environment, Lands and Parks may, by order,

specify

(c) the flood level or levels for the flood plain, and

(d) the setback from a watercourse or body of water of any landfill or structural support required to elevate a floor system or pad above the flood level.

(3) Unless exempted under subsection (8), a bylaw under subsection (1) or (2) has no effect until it has been approved by the Minister of Environment, Lands and Parks.

(4) In the event of conflict, an order of the Minister of Environment, Lands and Parks under subsection (1) or (2) prevails over a bylaw of a local government under subsection (1) or (2).

(5) After a bylaw or the Minister of Environment, Lands and Parks has specified the level or levels or setback under subsection (2),

(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 dwelling purposes, business or the storage of goods which are susceptible to damage by floodwater must be above that specified level, and

(b) any landfill required to support a floor system or pad must not extend within any setback from a watercourse or body of water specified by the bylaw or the Minister of Environment, Lands and Parks.

(6) The Minister of Environment, Lands and Parks may exempt a development or type of development from requirements of this section, subject to conditions that minister may impose.

(7) Specifications of the Minister of Environment, Lands and Parks under subsection (2) may be enforced by a local government as though they were bylaws of the local government.

(8) The Minister of Environment, Lands and Parks 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 that minister.

(9) Regulations under subsection (8) may be different for different regional districts, different municipalities, different areas and different circumstances.

Non-conforming uses and siting

911 (1) If, at the time a bylaw under this Division is adopted,

(a) land, a building or a 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 structure becomes subject to the bylaw.

(2) The use of land, buildings or structures 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 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 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 structure to continue, the whole of that building or 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 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 structure, does not, by reason only of the change, affect the use of the land or building or structure.

(8) If a building or a 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.

(9) If the use and density of buildings and structures conform to a bylaw under this Division but

(a) the siting, size or dimensions of a building or 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 structure or spaces may be maintained, extended or altered to the extent authorized by subsection (10).

(10) A building or 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.

Effect of expropriation in relation to non-conforming use and subdivision

912 (1) If the use of land or the siting of existing buildings and 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.

Approval of regional district bylaws by minister

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.

No compensation in relation to adoption of bylaw or issuance of permit

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 — Use of Land for Agricultural Operations

Intensive agriculture

915 (1) In this section, "intensive agriculture" means the use of land, buildings and 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 a reserve established under the Agricultural Land Reserve Act and that land is not subject to section 21 (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).

Provincial standards for farm bylaws

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.

Farm bylaws

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.

Application

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.

Three year review of bylaws affecting farming areas

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.

Division 9 — Permits and Fees

Designation of development permit areas

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.

(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.

Development permits

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 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), or a building or 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 set standards under subsections (7) to (10), and

(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 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) or (f), 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 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 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 structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land.

(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.

Designation of development approval information areas or circumstances

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.

Development approval information

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 commercial or industrial 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 under section 3 or 4 of the Environmental Assessment Act.

Designation of temporary commercial and industrial use permit areas

920.2 For the purposes of section 921,

(a) an official community plan, or

(b) a zoning bylaw

may designate areas where temporary commercial and industrial uses may be allowed and may specify general conditions regarding the issue of temporary commercial and industrial use permits in those areas.

Temporary commercial and industrial permits

921 (1) On application by an owner of land, a local government may issue a temporary commercial or industrial 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.]

(3) Despite a zoning bylaw, a temporary commercial or industrial use permit may do one or more of the following:

(a) allow any commercial or industrial use, including

(i) in the case of a commercial use, the provision of temporary tourist accommodation, and

(ii) in the case of an industrial use, the processing of natural materials,

as specified in the permit;

(b) permit the construction or use of buildings or structures to accommodate persons who work at the commercial or industrial enterprise in respect of which the permit is issued;

(c) specify conditions under which the temporary commercial or industrial use may be carried on.

(4) If a local government proposes to pass a resolution allowing a temporary commercial or industrial 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 commercial or industrial 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) 2 years after the permit was issued,

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 commercial or industrial 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 commercial or industrial 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.

Development variance permits

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:

Division 7 [Zoning and Other Development Regulation];

Division 8 [Use of Land for Agricultural Operations];

Division 11 [Subdivision and Development Requirements];

section 694 (1) (j) [construction and layout of trailer courts, etc.].

(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, or

(b) a flood plain specification under section 910 (2).

(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 limitation on section 176 (1) (e) [corporate powers — delegation], a local government may not delegate the issuance of a development variance permit.

Tree cutting permits

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.

Approval required for development near controlled access highway

924 (1) If a zoning bylaw is subject to section 54 (2) of the Highway 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 Highway 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.

Requirement for security

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.

Lapse of permit

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 925 (1) to the person who provided it.

Notice of permit on land title

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 is liable vicariously, and

(b) the assurance fund or the Attorney General 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.

General matters

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.

Withholding of permits and licences that conflict with bylaws in preparation

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, and Division 3 of Part 8 [Expropriation and Compensation] applies.

(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.

Amendment and discharge of land use contracts

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 54 (2) of the Highway 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 Minister of Transportation and Highways.

(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).

Fees related to applications and inspections

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

Definitions

932 In this Division:

"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.

Development cost charges generally

933 (1) A local government may, by bylaw, for the purpose described in subsection (2), 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.

(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.

(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 339 (1) (g);

(b) 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 $50 000 or any other amount the minister may, by regulation, prescribe.

(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 [imposition of fees and charges — municipal],

(ii) Division 11 of this Part, or

(iii) 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 limitation on section 176 (1) (c) [corporate powers — assistance] and section 183 [assistance under partnering agreements], a local government must not provide assistance by waiving or reducing a charge under this section.

(12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this section for not-for-profit rental housing.

Amount of development cost charges

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) whether the charges

(i) are excessive in relation to the capital cost of prevailing standards of service,

(ii) will deter development, or

(iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land

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.

Use of development cost charges

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) Sections 336 [investment of municipal funds] and 501 [transfer between funds] apply to a fund established under subsection (1) of this section, subject to the restriction that a bylaw under section 501 authorizing the transfer of an amount from the fund must receive the approval of the minister.

(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;

(c) to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a) or (b).

(4) For the purposes of subsection (3), "capital costs" includes planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this section.

(5) Authority to make payments under subsection (3) must be authorized by bylaw.

Acquisition and development of park land

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.

Adoption procedures for development cost charge bylaw

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 capital expenditure program bylaw under section 819.1 for the regional district, as applicable, or

(b) the local government has not properly considered the matters referred to in section 934 (4).

(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 capital works reserve fund established under section 496 (1) (a).

Development works agreements with private developers

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) As a limitation on section 176 (1) (a) and (b) [corporate powers — agreements] and 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 629 to 632 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 a counter petition opportunity as referred to in section 335.1 [counter petition opportunity required for borrowings] is not required.

Division 10.1 — School Site Acquisition Charges

Definitions

937.2 In this Division:

"approved capital plan" means the current capital plan of a school board as approved under section 142 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;

"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 school board 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 school board under section 937.4 (5) (a), and

(b) the approved capital plan of the school board;

"school board" means a board as defined in section 1 of the School Act;

"school site acquisition charge" means the charge set under section 937.5.

School site acquisition charge payable

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 school boards 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) the eligible development is authorized by a building permit and will, after the construction, alteration or extension, contain fewer than 4 self-contained dwelling units.

(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.

Eligible school site requirements

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 school board must consult with each local government in the school district, and the school board 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 school board 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 school board must

(a) consider the proposal referred to in subsection (3) at a public meeting of the school board, 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 school board 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 school board's resolution at a regular council meeting and, within 60 days of receiving the request,

(a) pass a resolution accepting the school board's resolution of proposed eligible school site requirements for the school district, or

(b) respond in writing to the school board indicating that it does not accept the school board's proposed school site requirements for the school district 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 school board's resolution.

(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 school board and the local governments to reach an agreement on proposed eligible school site requirements.

(9) If the school board and the local governments reach an agreement under subsection (8), the school board 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 school board and each local government in the school district.

(11) The school board must attach a copy of the facilitator's report to its capital plan submitted under section 142 of the School Act.

Setting school site acquisition charges

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 school board 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 school board's eligible school site requirements;

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 school board 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 school board.

(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.

Provision of land for school sites

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 school board but only if all of the following agree to the provision of that land:

(a) the local government;

(b) the school board having responsibility for the school district in which the land is located;

(c) the person otherwise required to pay the school site acquisition charge.

No subdivision or building permit unless charge paid

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 school board, 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).

Credit for previous contributions

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 school board, 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 school board under a bylaw made under section 937.5.

Transfer to school board

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 school board 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 school board 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 school board administration fees and disbursements authorized by the regulations.

Regulations for this Division

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 school board 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 school board 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

Subdivision servicing 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 Highway 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).

Excess or extended services and latecomer payments

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), or

(b) by a tax, fee or charge imposed in accordance with section 646 [services for specified area] other than subsection (7) [elector assent] of that section, and sections 648 [borrowing for specified areas] and 651 [application of other Parts to specified areas] apply.

(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) Charges payable for latecomer connections or use under subsection (5) (c) must be collected during the period beginning when the excess or extended services are completed, up to a date to be agreed on by the owner and the local government and, failing agreement, to a date determined under the Commercial Arbitration Act, but no charges are payable beyond 10 years from the date the service is completed.

Completion of works and services

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.

Provision of park land

941 (1) An owner of land being subdivided must, at the owner's option,

(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 a permit may be filed and section 927 applies.

(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 under Part 13 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.

Section Repealed

942 [Repealed 1998-27-4.]

Bylaws adopted after application for subdivision submitted

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.

Parcel frontage on highway

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], a local government may only delegate its powers under subsection (2) to an approving officer.

Highway provision and widening

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.

Subdivision to provide residence for a relative

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 Reserve 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 Reserve 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 Reserve Act, with the exception of land to which section 21 (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 Reserve Act, or that is within such a reserve but is land to which section 21 (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

Assessment of site profiles

946.1 (1) In this Division, "municipality" means a city, town or village incorporated by or under an Act, and includes a district municipality and a regional district.

(2) A municipality must

(a) assess site profiles referred to in section 26.1 (1) of the Waste Management Act, and

(b) in accordance with section 26.1 (5) of the Waste Management Act, provide site profiles to a manager.

Waste Management Act requirements must be met

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 must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 26.1 of the Waste Management Act unless at least one of the following is satisfied:

(a) the municipality has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the municipality is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;

(b) the municipality has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the municipality has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the municipality has received notice from a manager under the Waste Management Act that the municipality may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;

(e) the municipality has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;

(f) the municipality has received notice from a manager under the Waste Management Act that the manager has entered into a voluntary remediation agreement with respect to the site;

(g) the municipality has received a valid and subsisting approval in principle, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.

Section Repealed

946.3 [Repealed 1998-34-207.]


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