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Representing Diverse Communities in the Kootenays www.rdck.ca This brochure provides informaon regarding Development Permit applicaons for properes located in RURAL AREAS of the Regional District of Central Kootenay. For details of all pernent regulaons consult the relevant Regional District of Central Kootenay Bylaws and the Local Government Act. DEVELOPMENT PERMIT APPLICATION
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DEVELOPMENT PERMIT APPLIATIONUse~and~Planning/...General Manager of Development Services, who shall issue the permit accordingly. Following the review by the applicant, the staff report

Sep 18, 2020

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Page 1: DEVELOPMENT PERMIT APPLIATIONUse~and~Planning/...General Manager of Development Services, who shall issue the permit accordingly. Following the review by the applicant, the staff report

Representing Diverse Communities in the Kootenays www.rdck.ca

This brochure provides information regarding Development Permit applications for properties located in RURAL AREAS of the Regional District of Central Kootenay.

For details of all pertinent regulations consult the relevant Regional District of Central Kootenay Bylaws and the Local Government Act.

DEVELOPMENT PERMIT APPLICATION

Page 2: DEVELOPMENT PERMIT APPLIATIONUse~and~Planning/...General Manager of Development Services, who shall issue the permit accordingly. Following the review by the applicant, the staff report

What is a Development Permit?

The Local Government Act allows Regional Districts to require development permits to supplement or vary certain

land use regulations. Within specified areas of the Regional District of Central Kootenay, development permits are

required to ensure that new commercial, industrial and multi-unit residential development as well as

development adjacent to a watercourse is consistent with the objectives outlined within the applicable Official

Community Plan. Those objectives include protection of the natural environment and compatibility with

neighbouring activities.

What Information, Costs and Time are involved? The applicant should refer to the applicable Regional District Official Community Plan and Zoning Bylaw for the development restrictions in the applicable land use designation. Bylaws can be downloaded from the RDCK web site, or are available for purchase or reference in the Planning Department. The application submission must include a site plan and written material which clearly explains the proposed development and, if ap-plicable, the bylaw variance requested.

INFORMATION The information required to accompany the Development Permit Application form includes: A. A copy of the Certificate of Title for the property

under application, dated within 30 days of the date of the application;

B. Consent of the property owner(s); C. Application Fee; D. Provincial Site Profile; E. Proposal summary; F. A site plan drawn approximately to scale showing:

the house number and full legal description of the property

lot dimensions - frontage and depth; the location of existing or required rights-of-

way or easements; the location and dimensions of existing and

proposed buildings and structures on the property, including setbacks

detailed drawings of the proposed develop-ment, including building sections, elevations and floor plans;

location of existing wells or other water sources on the property;

location of existing or proposed septic fields; location of any watercourses, steep banks or

slopes on or adjacent to the property; Location of any existing or proposed access(es)

to the property, driveways, maneuvering aisles

and parking layout G. Landscape plan showing existing and proposed

screening, landscaping and/or fencing

COST An application fee of $500.00 is required for a Development Permit involving land identified as a Development Permit Area as per the applicable Official Community Plan Bylaw. If a minor variance is required, the application fee is $600.00. If a Development Permit application is withdrawn prior to proceeding to the General Manager of Development Services for consideration, 50 percent of the application fee may be refunded.

TIME Regional District staff refer the proposal to various Provincial Government Ministries, First Nations (where applicable), the Local Area Director, Local Advisory Planning Commission and other RDCK Departments for comment or technical advice for a period of 30 days. A minimum of two to three months may be required to complete the application process prior to issuance of a Building Permit or Subdivision Approval.

PLEASE NOTE:

AN APPLICATION WHICH DOES NOT CONTAIN ALL REQUIRED INFORMATION CANNOT BE ACCEPTED.

Page 3: DEVELOPMENT PERMIT APPLIATIONUse~and~Planning/...General Manager of Development Services, who shall issue the permit accordingly. Following the review by the applicant, the staff report

Development Permit Procedure An Overview Visit www.rdck.ca for the full procedures.

Application submitted to the RDCK Planning Department.

Staff review application for completeness. If there are deficiencies in the application as submitted based on OCP & Zoning requirements the applicant will be required to make changes as applicable.

Staff prepares an application information referral package and refers it to applicable Provincial Government Agencies, First Nations (where applicable), the Local Area Director, Local Advisory Planning Commission and applicable RDCK departments for review and comments within 30 days.

Following the referral period a staff report and initial draft Development Permit is reviewed by the General Manager of Development Services and then sent to applicant with 14 days for review.

If the applicant accepts the conditions identified in the Permit he/she signs the Waiver of Appeal Declaration Document and returns the signed declaration to the Planning Department or waits for the 14-day Appeal Period to lapse. Once the Appeal Period has lapsed or a Waiver of Appeal is returned the Development Permit is considered issued. A Notice of Permit is registered against the title of the property(ies) at the Land Title Office. If the applicant is dissatisfied with the decision of the General Manager of Development Services the applicant signs the Notice of Appeal Declaration Form and returns it within 14 days to the General Manager and the matter is presented to the Rural Affairs Committee. The Committee will make a recommendation to the Board based on a presentation from the applicant and the staff report. The Board shall decide the matter and give direction to the General Manager of Development Services, who shall issue the permit accordingly.

Following the review by the applicant, the staff report and final draft Development Permit go to General Manager of Development Services for decision. General Manager approves and signs Permit subject to a 14-day Appeal Period.

Once the Development Permit is issued and any required conditions satisfied, applicable agencies are notified and a building permit can proceed for the proposed development.

Planning Department will monitor the development for compliance with the terms of the Development Permit.

Notice to Applicants

Applicants are advised that the issuance of a permit or approval of any kind pursuant to this application is subject

to all applicable laws, regulations and orders of the Federal and Provincial governments and of all authorities

having jurisdiction including the Regional District. Any permit or approval received as a result of this application

does not and is not to be taken or understood to be a permission or approval for all development purposes and

applicants are advised to seek advice from their own consultants and check with any and all appropriate Federal

or Provincial agencies that may have jurisdiction relating to the use, development or alteration of land, buildings

and structures. Without limiting the above, applicants should be aware of the prohibitions, restrictions and

obligations that do arise pursuant to the Heritage Conservation Act.

Page 4: DEVELOPMENT PERMIT APPLIATIONUse~and~Planning/...General Manager of Development Services, who shall issue the permit accordingly. Following the review by the applicant, the staff report

Questions?

If you have questions regarding information presented in this brochure, please contact or visit the Regional District of

Central Kootenay Planning Department.

PHONE NUMBER: (250) 352.8165 (direct) or 1.800.268.7325 (front desk)

FAX NUMBER: (250) 352.9300

WEBSITE: www.rdck.ca

EMAIL: [email protected] (Planning) or [email protected]

ADDRESS: Planning Department Regional District of Central Kootenay Box 590, 202 Lakeside Drive NELSON BC V1L 5R4

OFFICE HOURS: 8:30 a.m. to 4:30 p.m., Monday to Friday Except Statutory Holidays

NOTE:

The information provided in this procedure guide summarizes the approval process when the guide was prepared.

It is the responsibility of an applicant to check with the planning department to determine if there have been any

changes to the approval procedures since publication of the guide.