How a municipality controls development

The use and development of private land within a municipality is controlled through the enactment and enforcement of regulatory bylaws. These include OCP and zoning amendments, subdivision or development approval bylaws, and regulations that govern such things as parking, soil removal and deposit, landscaping and signage. Bylaw enactment goes through a formal process of Public Notice and “Readings”, as required by the B.C. Government's Local Government Act and as defined by the municipality’s own procedure bylaw.

In Cumberland, there is much communication between the developer and Village Staff before an OCP amendment or a rezoning application is proposed to Council. The developer is asked to provide “Terms of Reference” for studies to be undertaken, or for additional information throughout the process that will help Council understand how the development will impact the community. This information is circulated by Staff to outside agencies for independent review, and comments from these agencies are summarized by Staff as part of their reports to Council.

Public Notice and Readings

Public Notice begins with one or more Neighbourhood Public Information Meetings, as recommended by the municipality and/ or as initiated by the land owner. Public Information Meetings are for the purpose of informing the citizens about the proposed development, and are conducted by the applicant. They occur before 1st Reading of the proposed bylaw.

When Council is satisfied that the land owner has followed the requirements of the application process (including holding a Public Information Meeting), they give the application 1st Reading after the proposed bylaw is drafted by Village staff. 2nd Reading may happen at the same Council Meeting as 1st Reading, provided that no further information is required at that time.

If the development application passes 2nd Reading, a date for a Public Hearing is set, where all eligible parties are given an opportunity to speak before Council. According the the Local Government Act, “eligible parties” include citizens, the applicant, and any person who feels that their interests are affected by the application. Written submissions may also be made at a Public Hearing, however once the Hearing has been adjourned, no additional information can be submitted.

After receiving a Staff report that summarizes the Public Hearing submissions, Council considers giving 3rd reading to the bylaw. At 3rd reading, Council may make “small” changes to the proposed bylaw, but if it wishes to make significant changes, the bylaw must go back for another Public Hearing. After all conditions that were outlined at 3rd Reading are met by the applicant, Council gives 4th Reading, at which time the bylaw is formally adopted.

Photo: Dunsmuir Avenue, Cumberland, circa 2002

Terms of Reference

Applications to amend the OCP or zoning bylaws must include “Terms of Reference” for studies to be undertaken that will show anticipated impact on:

  • The natural environment
  • Public infrastructure
  • School facilities & parks
  • Local commercial enterprises & employment opportunities
  • Forestry uses in the vicinity
  • Historical, archaeological, or paleontological resources
  • The effect of any artificial lighting
  • Any other matter the applicant considers important for Council to have a full understanding of.

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Building Stronger Communities
BC Government, 2006

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