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HomeMy WebLinkAbout2004-03-09 Council Meeting Agenda and ReportsCorporation of the District of Maple Ridge COUNCIL MEETING A GENDA Marc/i 9, 2004 7:00p.m. council Chamber MEETING DECORUM Council would like to remind all people present tonight that serious issues are decided at Council meetings which affect many people's lives. Therefore, we ask that you act with the appropriate decorum that a Council Meeting deserves. Commentary and conversations by the public are distracting. Should anyone disrupt the Council Meeting in any way, the meeting will be stopped and that person's behavior will be reprimanded. Note: This Agenda is also posted on the Municipal Web Site at www.maplerid2e.org The purpose of a Council meeting is to enact powers given to Council by using bylaws or resolutions. This is the final venue for debate of issues before voting on a bylaw or resolution. 100 CALL TO ORDER 200 OPENING PRA YERS Pastor Gerry Peters, Maple Ridge Baptist Church 300 PRESENTATIONS A T THE REQUEST OF COUNCIL 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular Council Meeting of February 24. 2004 and the Special Council Meeting of February 11, 2004. 402 Minutes of the Development Agreements Committee Meetings of February 18, and 26, 2004. 403 Minutes of the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Regular Meeting of January 8, 2004. Page 1 Council Meeting Agenda March 9, 2004 Council Chamber Page 2 of 5 500 DELEGATIONS -Nil 600 UNFINISHED BUSINESS - Nil 700 CORRESPONDENCE - Ni] 800 BY-LAWS-Nil COMMITTEE REPORTS AND RECOMMENDATIONS 900 COMMITTEE OF THE WHOLE 901 Minutes - March 1, 2004 The following issues were presented at an earlier Committee of the Whole meeting with the recommendations being brought to this meeting for Municipal Council consideration and final approval. The Committee of the Whole meeting is open to the public and is held in the Council Chamber at 1:00 p.m. on the Monday the week prior to this meeting. Public Works and Develop,,: ent Sen'ices 902 Amendment to DP/1 6/97, 11255-232 Street Staff report dated February 17, 2004 recommending that the Municipal ClerL be authorized to sign and seal an amendment to DP/16/97 to extend the completion date and insert revised plans for the second phase. 903 RZ/051/03, 20718 Lougheed Highway Staff report dated February 1, 2004 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6186-2003, Maple Ridge Zone Amending Bylaw No. 6146-2003 (20718 Lougheed Highway) and Maple Ridge Zone Amending Bylaw No. 6148-2003 to establish an Adult Entertainment and Pawnshop zone be read a first time and fonvarded to Public Hearing. -- -- Council Meeting Agenda March 9, 2004 Council Chamber Page3of5 904 Building Bylaw No. 6180-2003 Staff report dated February 25, 2004 recommending that Maple Ridge Building Bylaw No. 6180-2003 be given three readings. 905 Show Home Policy Staff report dated February 20, 2004 recommending that the Show Home Building Application Policy be adopted. Financial and Corporate Services (includin.R Fire and Police) 931 Disbursements for the month ended January 31, 2004 Staff report dated February 9, 2004 recommending that the disbursements for January 2004 be approved. 932 Door-to-door Soliciting, Canadian Cancer Society Staff report dated February 17, 2004 recommending that the request of the Canadian Cancer Society to canvass door-to-door during the month of April be approved. 933 Fee for Service Agreement for the Provision of Animal Control Services and Shelter Operations Staff report dated February 18. 2004 recommending that the Mayor and Municipal Clerk be authorized to sign and seal a Fee for Service Agreement with the B.C.S.P.C.A. Community Development and Recreation Service - Nil Correspondence - Nil Oilier Co,n,nitiee Issues - Nil I Council Meeting Agenda March 9, 2004 Council Chamber Page 4 of 5 1000 STAFF REPORTS 1001 Electoral Approval of Downtown Core Loan Authorization Bylaw Staff report dated March 3, 2004 providing information regarding the two approval processes available to Council. (Report to be circulated separately) 1098 MA YOR 'S REPORT 1099 COUNCILLORS' REPORTS 1100 OTHER MA TTERS DEEMED EXPEDIENT 1200 NOTICES OF MOTION 1300 ADJOURNMENT Council Meeting Agenda March 9, 2004 Council Chamber Page 5 of 5 1400 QUESTIONS FROM THE PUBLIC QUESTION PERIOD The purpose of the Question Period is to provide the public with an opportunity to seek clarification about an item on the agenda, with the exception of Public Hearing by-laws which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. If a member of the public has a concern related to a Municipal staff member, it should be brought to the attention of the Mayor andlor Chief Administrative Officer in a private meeting. The decision to televise the Question Period is subject to review. Each person will be permitted 2 minutes only to ask their question (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). The total Question Period is limited to 15 minutes. If a question cannot be answered. it will be responded to at a later date at a subsequent Council Meeting. Other opportunities to address Council may be available through the office of the Municipal Clerk who can be contacted at (604) 463-5221. CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES February 18, 2004 Mayor's Office PRESENT: Mayor Kathy Morse Chairman J.L. (Jim) Rule, Chief Administrative Officer Member K. Kirk, Recording Secretary SUKHBINDER SINGH SANDHU & SUKHJIT KAUR SANDHU LEGAL: Lot 28, Section 32, Township 12, Plan 37547, NWD LOCATION: 13780 224 Street OWNER: Sukhbinder & Sukhjit Sandhu REQUIRED AGREEMENTS: Covenant - Geotechnical THAT THE MAYOR AND CLERK BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO SUKHBINDER & SUKHJIT SANDI-IU. CARRIED May&"Kathy Morse Chairman J.L. (Jim)14ule. ('hid Administrative Ofñcer Member/ 4/02, P23511 13819 13920 13820 F'- C,) c'.J ("1 27 a- 28 13780 24 13136 23 13726 I.- 22 13714 a- 21 13704 13680 20 19 0) 13668 18 13854 District of I Pitt Meadows , District of N Langley SCALE 1:2,500 _____ DATE: Feb 17, 2004 FILE: Untitled BY: CG The Corporation of the District of Maple Ridge makes no guarantee regarding the accuracy or present status of the information shown on this map. 13780-224th Street THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE Incorporated 12. September, 1874 LICENSES. PERMITS & BYLAWS DEPT. CORPORATION OF THE DISTRICT OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE MINUTES February 26. 2004 Mayor's Office PRESENT: Mayor Kathy Morse Chairman J.L. (Jim) Rule, Chief Administrative Officer Member K. Kirk, Recording Secretary 1. SD/123/02 LEGAL: Lot B, Section 28, Township 12, Plan 4962, NWD LOCATION: 23451 Larch Avenue OWNER: Bertsam Developments Inc. REQUIRED AGREEMENTS: Subdivision Servicing Agreement Statutory R-O-W Covenant (drainage) Geotechnical Covenant Release of redundant S-R-O-W covenants (BR 139196 & BR139 198) THAT THE MAYOR AND CLERK BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATE TO SD/i 23/02. CARRIED May,4athy Morse J.L. (Jim) Rule. Chief Administrative Officer Chairman Member I, P 13167 37 P 40978 L P58516 P6139 13260 13250 Rem 2 1 -- - -- - ---I 13285 13236 2 C) 13230 CN 1 <I 2 (1)1 -ii 13243 13202 Corporation of the District of Maple Ridge and the Corporation of the District of Pitt Meadows MAPLE RIDGE and P177 MEADOWS PARKS & LEiSURE SERVICES COMMISSION REGULAR MEETING The Minutes of the Regular Meeting of the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission, held at the Pitt Meadows Public Library Meeting Room, Harris Road, Pitt Meadows, British Columbia, on Thursday, January 8, 2004 at 7:00 pm. COMMITTEE MEMBERS PRESENT Commissioner Don MacLean Commissioner John Appleton Commissioner Debra Eisel Commissioner Cheryl Ashlie Commissioner Judy Dueck Commissioner Craig Speirs Commissioner Dave Rempel Commissioner Kathie Ward Commissioner Bunny Home Commissioner Keith Nightingale Commissioner Dave Roemer Commissioner Gerry Trerise Commissioner Kathy Reinheimer Commissioner JoAnne ten Brink REGRETS Commissioner Kathy Morse STAFF MEMBERS PRESENT Mike Murray Mike Davies Shelley Jorde in gr idKiaus DELEGATIONS: Ms. Karin McCulloch Mr. Bill Hartley District of Pitt Meadows, Mayor, Chair District of Pitt Meadows District of Pitt Meadows, Councillor School District No. 42, Trustee District of Maple Ridge, Councillor District of Maple Ridge, Councillor School District No. 42, Trustee School District No. 42, Trustee Pitt Meadows Pitt Meadows Maple Ridge Maple Ridge Maple Ridge Maple Ridge District of Maple Ridge, Mayor GM Community Development. Parks & Recrcation Director. Parks & Facilities Recreation Manager - East Executive Assistant President, Ridge Meadows Festival Society Coordinator, Ridge Meadows Festival Society The Chair called the meeting to order at 7:00 pm. hap/c Ridge and Pitt Meadow.c Parks & Leisure Seri'ices Citizen.c' .4dvisorv Conunittee Minutes I'a,'e 1 of 6 4'O3 Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Committee Regular Meeting Minutes January 8. 2004 As the first meeting of the combined Citizens' Advisory Committee and Commission, committee members introduced themselves. Mr. Mike Murray indicated that he was looking forward to working through the new model and combined committee structure. A copy of the Parks & Leisure Service Agreement and Bylaws were included with the meeting package which was then discussed. All Commission members need to become familiar with the agreement which will be reviewed in about six months' time. Adoption of the Agenda MOVED BY COMMISSIONER MACLEAN SECONDED BY COMMISSIONER DTJECK That the Agenda for January 8, 2004 be adopted as circulated. CARRIED Minutes of the Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Committee Regular Meeting MOVED BY COMMISSIONER REINHEIMER SECONDED BY COMMISSIONER TRERISE That the Minutes of the Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Conmiittee December 1, 2003 Regular Meeting be adopted as circulated. CARRIED Minutes of the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Regular Meeting MOVED BY COMMISSIONER ASHLIE SECONDED BY COMMISSIONER EISEL That the Minutes of the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission of December 11,2003 as circulated CARRIE!) Delegations Ridge Meadows Festival Society - Ms. Karin McCulloch. President, presented an update and report on the Society and their request to renew the Fee for Service Agreement. Staff advised that the Fee for Service Agreement would come back to the Commission in February in order to give Shelley Jorde, the new Manager. Recreation - East, an opportunity to work with the committee and become familiar with the requirements. Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Co,nmittee Minutes Page 2 of 6 Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Committee Regular Meeting Minutes January 8, 2004 Upon question regarding fund raising, Ms. McCulloch indicated that the Society has applied to Gaming for a license but was turned down. The Society continues to look for other sources of revenue. Upon question regarding how connected the Festival Society is with the School District, it was explained that contacts have been made to get students involved at MRSS. Tours have also been scheduled for school classrooms to see the Leisure Centre which would include the Festival and Volunteer office space. The Society currently has a grade eleven student participating in the Leadership Development program and assigned to Mountain Festival 2004. Ms. McCulloch and Mr. Hartley were thanked for attending the meeting and their presentation. 6. Decision Items 6.1 Planned Parenthood Lease of Space - Greg Moore Youth Centre MOVED BY COMMISSIONER REMPEL SECONDED BY COMMISSIONER SPEWS That the Parks & Leisure Services Commission absorb the property tax in the 2004 budget and that staff communicate that this agreement is valid for 2004 only as a one-time exemption. Further, that Maple Ridge Council consider a permissive tax or grant that can be applied for in future. CARRIED Staff explained that this item was on the December 2003 agenda and had been amended to reflect the Lessee's requirement to pay the property tax. It is now brought back to the Commission as the tenant has concerns about the ability to pay these added costs. In this case Planned Parenthood is the support group and they retain services of nurses and physicians or other professionals, from the Ministry of Health. They have indicated that they will not renew their lease based on the tax hardship. Upon question as to whether the taxes were based on health service or recreational, staff indicated that the Director of Finance is presently researching this question. There was some discussion regarding Permissive Tax Exemption status and how this would be handled given the number of potential organizations affected in the future. 6.2 Festival Funding Sub-committee Appointments MOVED BY COMMISSIONER REMPEL SECONDED BY COMMISSIONER ASHLIE That a sub-committee comprised of three members and two staff be formed to review the Festival Funding applications and bring forward recommendations for consideration by the Commission. Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Committee Minutes Page 3 of 6 Maple Ridge and Pitt Meadows Parks & Leisure Services - Citizens' Advisory Committee Regular Meeting Minutes January 8, 2004 - CARRIED To date, the Society has received nine applications for funding. Of the $30,000 funds set aside, the objective is to hold $3,000 in reserve for new events. Commissioners' Reinheimer, Trense and Nightingale volunteered to review the applications at a separate meeting to be called by staff. Recommendations will be brought back to the February Commission meeting. 6.3 Artist in Residence Contract extension MOVED BY COMMISSIONER EISEL SECONDED BY COMMISSIONER TRERISE That the Parks and Leisure Services Commission approve the proposed arts program and extend the contract for the Artist in Residence (Ms. Darlene Allison) to August 31, 2004. CARRIED Upon question as to whether the Artist in Residence was available for classes in the school system, it was confirmed that this individual has offered a number of programs and classes. 7.0 Information Items MOVED BY COMMISSIONER REMPEL SECONDED BY COMMISSIONER APPLETON That the information items be received. 7.1 Commissioner Seminar - the following will be registered to attend this year's workshop in Surrey: Commissioners Ashlie, Speirs, Home, Reinheimer, Nightingale, Roemer, ten Brink and staff member, Mike Murray. 7.2 Commission Gathenng - Mike Murray reminded the members of the Appreciation Dinner that he has offered to host at his home on January 3 1. Agreed to keep this date beginning at 6:00 p.m. Staff will send out further information. 7.3 The Albion Park Planning letter to residents is attached for information and was mailed January 2, 2004. 7.4 Arts Centre Cladding - staff provided an update on the water penetration problems. The Developer will take responsibility and a building envelope specialist has ordered the material with work to begin on January 26. 7.5 2004 Commission Membership - still waiting to learn whom the appointments are for the District of Pitt Meadows and the School District. Once known, an updated membership list will be circulated. 7.6 Community Services Council - this Society will not be renewing their lease in the Greg Moore Youth Centre. CARRIED Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Co,n,nittee Minutes Page 4 of 6 Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Committee Regular Meeting Minutes January 8, 2004 8.0 Commission Liaison reports - Bunny Home - Attended the Tourism meeting earlier this evening, the first of the New Year, and there was a good turn out with several new members joining. The six citizen members of the Commission will be meeting separately to determine their liaison membership designation. 9.0 Staff Liaison reports - Mike Murray: - This is the last official meeting for Mike Davies, Director, Parks & Facilities, as he will be retiring effective January 29, 2004. The Commission extended their very best wishes to Mr. Davies. - Reorganization - Mike Murray advised that Shelley Jorde, Recreation Manager - East will now take on the seniors division within the department and the hiring process to replace Mr. Davies will take place shortly. - Discussions with the Independent School continue re a second artificial turf field. - A representative of the People's Court Indoor Tennis Court approached Mike Murray expressing an interest in setting up tennis courts in MR/PM. Mr. Murray advised him of what the process would be. - The Population figures have come in from BC Stats with the 2003 numbers changing to: 71,399 in Maple Ridge and 16,184 in Pitt Meadows. Adjustments will be made to the Pitt Meadows budgets of approximately $1OK as a result. - RecReg4u is now on line and the latest statistic indicates that 28% or registrations are now coming through on line. Mike Davies - The Albion Park design meetings will resume last week of January. - The Lawn Bowling club lighting is now complete and staff are dealing with a few deficiencies - The tendering for the artificial field should be ready to go by the end of January. - The Planned Emergency Disaster Exercise is scheduled for Feb. 5 & 6 in cooperation with the Justice Institute. Staff only know that it will be a flood disaster. 10. Question period Commissioner Eisel asked whether there was a policy on rewarding citizens whose terms have expired. Staff confirmed there is no policy but the practice has been to show appreciation at a dinner and gift .as a token of appreciation and years of volunteer service. Commissioner MacLean has received an inquiry from a citizen Inquiry as to why the tennis court is not upgraded at PM Secondary. At present, the only agreement is with Garibaldi and staff will research this further Commissioner Appleton left the meeting at 8:10 p.m. Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Com,nittee Minutes PageS of 6 Maple Ridge and Pitt Meadows Parks & Leisure Services - Citizens' Advisory Committee Regular Meeting Minutes January 8, 2004 11. Motion to move into closed session MOVED BY COMMISSIONER DUECK SECONDED BY COMMISSIONER ASHLIE That the Parks and Leisure Services Commission move into a closed meeting pursuant to Sections 232 (l)(e) of the Local Government Act as the subject matter being considered relates to the acquisition, disposition or expropriation of land or improvements. CARRIED Maple Ridge and Pitt Meadows Parks & Leisure Services Citizens' Advisory Committee Minutes Page 6 of 6 CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: February 17, 2004 and Members of Council FILE NO: DP/16/97 (amendment) FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Development Permit Amendment 11255 - 232 Street EXECUTIVE SUMMARY: This is an application to amend an existing Development Permit to extend its completion date and insert revised plans for the second phase of a development on the subject site. The first phase was completed however the second phase was delayed as it was thought the property was to be acquired for road purposes related to the proposed Fraser River crossing along the 232 Street alignment. Since a decision has been made on an alternative alignment for the crossing, the second phase of this development can now proceed. The applicant wishes to make some revisions to the second phase plans and the completion date has gone by. Therefore an amendment to the earlier Development Permit DP/16/97 is required. Staff recommends approval of the amendment to Development Permit DPI 16/97. RECOMMENDATION: That the Municipal Clerk be authorized to sign and seal an amendment to Development Permit DP/16/97, respecting properLy located at 11255 - 232 Street to extend the completion date and insert revised plans for the second phase. DISCUSSION: a) Background Context: Applicant: Canran Construction Owner: 678708 B.C. Limited Legal Description: Lot 2, Plan LMP 14392 OCP: Compact Housing (40 Units Per Ha) Zoning: RM-1 (Townhouse Residential) Surrounding Uses North: vacant residential South: townhouse residential East: townhouse residential West: Lougheed Highway Existing Use of Property: vacant Proposed Use of Property: townhouse residential Access: Lougheed Highway and 232Bd Street Servicing: full urban services Previous Applications: DP/l 6/97, RZJ00 1/95, SD/046/99, RZ/085/92 b) History: Council issued Development Permit DP/16/97 on July 14 1998. This Development Permit authorized construction of a 26-unit townhouse development on the subject site. The first phase of the project proceeded and has been completed. Each phase consists of 13 dwelling units. A phased strata subdivision was registered which created one parcel for each phase. The completion date for the total project was set in the development permit as July 30,2000. At that time it was thought the lands were to be acquired for road purposes and therefore the second phase did not proceed. Since an alternative alignment for the Fraser crossing has now been agreed upon the applicants have acquired the subject lands and propose to build out the second phase. In order to facilitate the development the completion date in the original DP/l 6/97 needs to be amended. As well, the applicant is proposing changes to the plans, which need to be tied to the development permit. In addition, the ownership of the lands has changed and will need to be reflected in the amendment. The most efficient way to accommodate these changes is to amend the existing development permit DP/16/97 as it relates to those aspects. All other provisions of the original DP will remain in effect. The proposed new completion date will be March 09,2006. Planning Analysis of Project: in anticipation of the future road, up to 3.9 metres of fill was placed on the lands. Removal and replacement of the fill will be the applicant's responsibility. Since the applicant has to remove the fill, they wish to utilize this aspect by placing basements under more of the units. The changes to the plans also include additional floor space being added to the units on the main and second floors and lowering the building adjacent to Lougheed Highway by 0.6 metres to allow reduction in the height and number of retaining walls in this area. The changes however do not alter the form and character of the development, change materials or modif,' the design approach from the first phase. Only minor modifications to the elevation drawings are proposed since the new basement areas are primarily underground. The revised plans will therefore continue to be consistent with Development Permit Area XXI guidelines. The plan changes also maintain compliance with the Zoning Bylaw as to setbacks, building height etc. This phase of construction contains the children's play area for the development and therefore will benefit the existing units. Intergovernmental Issues: The application has been referred to the Engineering Department and they have advised that outstanding servicing issues can be addressed at the building permit stage. These include completion of the servicing works along Lougheed Highway and co-ordination of the location of street trees in relation to other services on the engineering servicing drawings. The applicant will also have to secure an amendment to the Phased Strata Title plan to address timing and unit entitlement issues. This is a subdivision issue and the applicants have already been in discussion with the Approving Officer in this regard. Environmental Implications: There are no particular environmental issues with this phase. Soil movement and excavation will be addressed under the appropriate permits. Citizen/Customer Implications: Staff is not aware of any citizen or customer implications. The development will benefit the current 13 dwelling units in phase one with the completion of the landscaping, construction of an emergency only access from Lougheed Highway and provision of the children's play area. -2- g) Financial Implications: The applicant will be required to provide a 2.5% security deposit to ensure compliance with the provisions of the Development Permit. This security will be reviewed and finalized at the building permit stage. The Parks & Leisure Services Department have identified that after the subdivision is completed they will be responsible for maintaining the Street trees. While the final design will provide exact numbers it is estimated that there will be approximately 12 more trees. The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $300.00. CONCLUSION: 678708 B.C. Limited has acquired phase two of the development under DP-l6/97 and propose to build the remaining 13 units. Plan changes are proposed and a change to the completion date is required. The changes have been reviewed and found to be consistent with development permit area guidelines as to form and character and comply with the relevant sections of the Zoning Bylaw. It is recommended that Council approve the amendment to the original Development Permit DP/16/97 to facilitate completion of this development. - - - -. Preparedb: KeiMd,ren M CIP Approved by: APM: ank Quinn, P.Eng.. PMP Pb1c Works & Development Services Concurrence:/Chief J. L. (Jim) Rule Administrative Officer KM/bj C - Rem. 28 P44493 14 Rem 1 EP 10002 23084 23089 \ Rem. 27 \ P44493 \rSUBJECT PROPERTY - 1)255 Ui Ui I- Cl) c%1 C'4 Rem 2 PHASE 2 LMS 4035 PHASE I Rem 1 LMS 1362 P 7720 11229 c. - LMP P 71204 1305 'l N SCALE 1:1,500 LMS 421 Dustnct of Pitt Meadows r-c1 District of Langley 12 11 \K 11255 232 STREET .2 (I) GOORAIIQN - OF- THE DISTRICT OF MAPLE RIDGE MAPLE RIDGE I"4 J \ Incorporated 12, September, 1874 PLANNING DEPARTMENT ,vor DATE: Feb 20, 2004 FILE: DP/132/03 BY: RO Kern. 27 LI.,. 13493 zcs, Roconcltlallon t.g O.*oinVo, 1. 90.01.103 G.t1J1W0, .I'..tIfftllOZ 0.46 A63nt STRATA PLAN OilS 362 51.61.0 60931 MOnod 0.9 Fbw Q6661100 rmol .2 233306 • 062 6*,..U570. • . 9*,. .L3630ln • 2on. .11670.42. • C. 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EI,IIIi, LWIMTW@M I - • a oau... o.i!iTiTöO.p !I!9 ct -- - £ ' \:u \ .. - '3 ssu U IJrIgsvpI.S.IP luau u.auu$ I -- , • - • .•. Ilk Lill ZY uorNIGLPwe 5iTE-PLANTIN S4 0* LO PLKflN 0*TAIL. $S4 40* GOVt* LNfl* y 23W - • - : SITE-ISLANTUIS LN - 8JOR'1 LA(N - & A6SOtATES . I- CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: February 01, 2004 and Members of Council FILE NO: RZ/051/03 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaws No. 6146-2003 - to rezone 20718 Lougheed Highway and Bylaw No. 6148-2003 - Text Amendment Maple Ridge Official Community Plan Amending Bylaw No. 6186-2003 EXECUTIVE SUMMARY: In a previous report Council accepted recommendations to establish an Adult Entertainment and Pawnshop Zone and to amend the Maple Ridge Business Bylaw to establish new fees and business license regulations for these uses. In response to Councils direction, amendments to the Zoning Bylaw and the text of the Official Community Plan, have been prepared that: I) Create a new zone establishing Adult Entertainment and Pawnshop uses as permitted along with uses currently permitted in the CS-i Service Commercial zone. Establishes definitions for Adult Entertainment and Pawnshop use within the Zoning Bylaw. Specifically prohibits Adult Entertainment and Pawnshop uses from all other commercial and industrial zones; Zones property located at 20718 Lougheed Highway to CS-S (Adult Entertainment and Pawnshop Service Commercial) zone; and Amends Table 3 of the Official Community Plan to include the new CS-S (Adult Entertainment and Pawnshop Service Commercial) zone as a corresponding zone in the Service Commercial designation. Amendments to Maple Ridge Business License Bylaw No. 2542-1978 that will regulate these uses and establish fees for business licenses are being prepared by the Licenses and Bylaws department. By way of background, the report identif'ing issues and options for the regulation of Adult Entertainment and Pawnshops is appended. 703 RECOMMENDATIONS: That, acknowledging that Maple Ridge Official Community Plan Amending Bylaw No. 6186-2003 to include the CS-S (Adult Entertaimnent and Pawnshop Service Conunercial) zone in Table 3, has been considered in conjunction with the Capital Expenditure Plan and Waste Management Plan, Maple Ridge Official Community Plan Amending Bylaw No. 6186-2003 be read a first time and forwarded to Public Hearing; That Maple Ridge Zone Amending Bylaw No. 6146-2003 to rezone property located at 20718 Lougheed Highway, and described as Lot 6, Block 2/3, D.L. 250, Gp. 1, Except: Plan 113 Sq. Ft. for Highway, Plan 8735, NWD be read a first time and be forwarded to Public Hearing; and That Maple Ridge Zone Amending Bylaw No. 6148-2003 to amend the text, be read a first time and be forwarded to Public Hearing; DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: West: Existing Use of Property: Proposed Use of Property: Access: District Of Maple Ridge George J Yen & Quadlow Holdings Ltd. Rem. Lot 6, D.L. 250, Block 2/3, Gp. 1, Plan: 8735, NWD (Service Commercial) CS-i (Service Commercial) CS-5 (Adult Entertainment and Pawnshop Service Commercial) Lougheed Highway/Service Commercial Service Commercial Service Commercial Service Commercial Service Commercial - Adult Video, Convenience Store Adult Video 207 St. In 2002, following the direction of Council, options were researched for amendments to the Zoning Bylaw that would distinguish "adult" business from other commercial and retailbusiness. The purpose was to recommend a means of limiting their impact on schools, churches, residential uses and other retail, commercial and office uses. Four options were identified: Prohibition - This option was not recommended as a risk of legal challenge was identified. Permit on Municipal lands - Successful legal challenges in other jurisdictions precluded the use of this option. Permit in Existing Commercial Zones - Because existing zoned and designated properties are adjacent to many of the uses for which Council has expressed concern, this option was not recommended. -2- 4. Create a Zone for Adult Entertainment and Pawnshop Use - This option was recommended as Development Information Meetings and Public Hearings would be required before any further Adult Entertainment or Pawnshop use was permitted. The creation of a new zone also requires that a property be zoned for the use in order to avoid the risk of legal challenge. The report noted that business license fees have become an effective tool in limiting the number of pawnshops and adult entertainment uses in neighbouring municipalities. The report recommended that the District of Maple Ridge's fees for these uses should be similar to those of neighbouring communities. As well, it was noted that through licensing regulations, specific operating requirements have been established in other communities and that this was also recommended here to ensure that the impact of existing businesses on neighbouring uses was limited. The bylaws prepared for this report propose to deal with permission and prohibition of the uses separately. One bylaw identifies an existing establishment to be zoned. The second bylaw defines a new zone that allows the use and creates the prohibition for other commercial and industrial zones. The purpose in doing so is to ensure that prohibition in the existing commercial zones will not be jeopardized should the proposed zoning fail. For the purpose of this report, all references to Adult Entertainment Use include a full range of adult oriented products and services to be regulated by amendments to the Zoning Bylaw. Official Community Plan: The Official Community Plan identifies several commercial designations in the District. One characteristic of the designations is to reflect the service area that they are intended for such as Town Centre; Community, Neighbourhood and Rural. In the earlier report to Council, it was noted that the Adult Entertainment and Pawnshop Use was envisioned as compatible with the Town Centre and Service Commercial designations. The new CS-5 (Adult Entertainment and Pawnshop Service Commercial) zone however, is proposed to be limited to the Service Commercial designations. A map identifying all areas designated Service Commercial is appended. This limitation reflects concern arising from the potential for conflicts with locations in other commercial designations, including the Town Centre Commercial designation, that may be in closer proximity to residences, schools and churches and community recreation facilities such as the Leisure Centre. In general, Service Commercial areas are less oriented to pedestrian use and therefore generally less accessible to incidental use. The limitation is specifically identified within the zone and confirmed with an amendment to the Table 3 of Official Community Plan that limits the use of the zone to the appropriate designation. Zoning Bylaw: CS-5 - Adult Entertainment and Pawnshop Service Commercial Zone The CS-5 (Adult Entertainment and Pawnshop Service Commercial) zone will accommodate many of the service commercial uses presently permitted in the CS-i (Service Commercial) zone as well as the Adult Entertainment and Pawnshop uses. The purpose is to ensure any property that is successfully zoned to permit Adult Entertainment or Pawnshop use is not unnecessarily restricted from converting to other service commercial uses. Other characteristics of the zone that include regulations for the siting of buildings, lot coverage and lot dimensions, are again the same as those in the CS-i zone. Performance criteria for the Adult Entertainment and Pawnshop Service Commercial use of the property are specifically excluded as this is to be addressed by the Business License Bylaw. -3- Legal counsel has identified that a "floating zone", or a zone with no actual property associated with it, is potentially subject to challenge. For this reason, it is recommended that an existing business be zoned to permit the use. The site recommended is located at 20718 Lougheed Highway, is presently zoned CS-i (Service Commercial), is designated Service Commercial, and has operated in this location as an adult video store for several years. The site is not immediately adjacent to residential or institutional uses and has not been the subject of any complaints from other commercial uses. Definitions Several new definitions will be added to the Zoning Bylaw that apply to the principal uses permitted by the CS-5 (Adult Entertainment And Pawnshop Service Commercial) zone. The term 'Adult Entertainment Use' will encompass several other uses, each of which will also be afforded a definition. The term 'Pawnshop Use' is also defined by the bylaw amendment. Adult Entertainment Use - means any premises used for the offering for rent, use, viewing or sale of an object, other than a contraceptive device, designed or intended to be used in a sexual act as defined by the Motion Picture Act of British Columbia. An Adult Entertainment Use shall include but not be limited to Adult Video Stores, Body Rub Studios, and Escort Services. Adult Video Stores - means any premise which is licensed as an "adult film distributor" or an" adult film retailer" under the Motion Picture Act of British Columbia. A video store is not defined as an Adult Video Store if the portion of the store requiring licensing under the Motion Picture Act of British Columbia represents less than 25% of the floor area dedicated to video sales and rentals. Body Rub Studio - means a business where the manipulating, touching or stimulating by any means, of a person's body or part thereof, is performed, offered, or solicited. This does not include a business where a person duly licensed or registered under any statute of the Province of British Columbia governing such activities gives medical, therapeutic or cosmetic massage treatment. Escort Services - means any persons conducting the business of providing escorts or partners for social occasions. Pawnshops - means the use of premises for the business of taking goods or chattels in pawn regardless of whether the provisions of the Pawnbrokers Act apply to the business. The following are currently part of the Jiiterpretation section and are being amended to specifically exclude adult entertainment and pawnshop use: Personal Service means provision of specific services to the person including, but not limited to, barbering, hairdressing, beauty salons, tailoring, shoemaking, drycleaning and pet grooming, and excluding adult entertainment and pawnshop use. Retail means a use providing for the sale for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the articles for sale, and excluding adult entertainment and pawnshop use. Existing Commercial and Industrial Zones Adult Entertainment Use and Pawnshop Use are permitted in many of the existing Commercial Zones and some of the Industrial zones because the zones permit retail and personal services without specifically excluding Adult Entertainment and Pawnshops. The definition of 'retail' and 'personal service' uses in the Zoning Bylaw will be amended to specifically exclude these uses. Consequently, any commercial and industrial zone that presently permits retail and personal services will now exclude Adult Entertainment and Pawnshop uses. The zones affected which will exclude Adult Entertainment and Pawnshop uses include: C-i Neighbourhood Commercial C-2 Community Commercial C-3 Town Centre Commercial C-5 Village Centre Commercial CRM Commercial/Residential CS-i Service Commercial CS-3 Recreation Commercial CS-4 Rural Commercial H-i Heritage Commercial CD 2-85 Comprehensive Development Zone (Commercial) CD 1-86 Comprehensive Development Zone (Commercial) CD i -87 Comprehensive Development Zone (Commercial) CD 3-87 Comprehensive Development Zone (Commercial) CD 3-88 Comprehensive Development Zone (Commercial) CD 5-88 Comprehensive Development Zone (Commercial) CD 6-88 Comprehensive Development Zone (Commercial) CD 2-92 Comprehensive Development Zone (Commercial) CD 3-92 Comprehensive Development Zone (Commercial) CD 1-95 Comprehensive Development Zone (Commercial) CD 2-95 Comprehensive Development Zone (Commercial) CD 2-98 Comprehensive Development Zone (Commercial) CD 2-99 Comprehensive Development Zone (Commercial) M-1 Service Industrial M-2 General Industrial M-3 Business Park d) Citizen/Customer Implications: Limiting Adult Entertainment Use and Pawnshop Use to a single zone allows Council to consider the impact of the use on the immediate neighbourhood with each application. Presently, the uses are permitted in any of the zones listed above and therefore on many properties without Council or neighbourhood scrutiny. Several businesses currently licensed as pawnshops or adult entertainmentiparaphernalia establishments will be rendered legal-nonconforming by this bylaw amendment. These existing businesses will be permitted to continue operation at the existing locations until such time as they cease to operate for up to six months. At this point these properties will be subject to the new regulations. SIB Interdepartmental Implications: The License and Bylaws Department has prepared amendments to the Maple Ridge Business License Bylaw that will adjust licensing fees for adult entertainment and pawnshop uses to rates comparable with neighbouring municipalities. As well, amendments include performance criteria that are intended to ensure impact on the balance of the community is minimized. The License and Bylaws Department and the RCMP have reviewed the proposed Bylaw amendments and concur with the recommendations. e) Intergovernmental Implications: Local Government Act: An amendment to the Official Community Plan requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. The amendment required for this application is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. CONCLUSION: The Zoning Bylaw in its present form does not provide specific restrictions for the location of adult entertainment and pawnshop uses. The proposed Zoning Bylaw amendments will ensure that Council is able to consider all proposals to establish these uses against the impact that such a proposal will have on a neighbourhood. It is recommended that these bylaw amendments be given 1st Reading and that they be forwarded to PublicHeaTi —.. Prepared by: Moreno Rossi, MBMCI1_- Approved by: Fr~nk Quinn, P.Eng., PMP QM: Public Works & Development Services Concurrence: J. L/(Jim) Rule Chief Administrative Officer MRJbjc CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6146-2003 A By-law to amend Map "A" and the text of Maple Ridge Zoning By-law No. 3510 - 1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning By-law No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This by-law may be cited as "Maple Ridge Zone Amending By-law No. 6146-2003." That parcel or tract of land and premises known and described as Lot 6, Except Part on SRW Plan 43436, District Lot 250, Group 1, Plan 8735, New Westminster District and shown outlined on Map No. 1308 is hereby rezoned to CS-5 (Adult Entertainment and Pawnshop Commercial). READ a first time the day of A.D. 200. PUBLIC HEARING held the day of A.D. 200. READ a second time the day of A.D. 200. READ a third time the day of , A.D. 200. APPROVED by the Minister of Transportation and Highways this day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. MAYOR CLERK - A P 66429 2.539 ha. 46 300 P 76445 "973 Rem 45 N P 75912 U) P 54395 1 11955 c. I 1910/50/98 \N 0.584 ho. N 1.305 ha. P 76445 B 11935 —119 AVE. 119 AVE. RW 78433 LP 65229 / NWS 2523 p 54395 P 87086 LP 60327 47 P5 1 // "A" LMP 5719 1.178 0.5527 ha. (P 87086) LP 65855 0.5 90 ha. 0.947 LMP 6890 RV 56524 119 AVE. N P56403 P835 P835 P1014 K48 1 em 16 15 P 104 4 RW 83216 10) D - . LOUCHEED HICH WAY Pm2018Q3 LMP 1703 1 13- 804 1 -761 (LEASE PLAN)] I P211 0.446 ha. 35 36 RW 75415 "B" A I / /1 RP 8143 11836 LO P /898 Rem 1 4 ') . (P 8735) I- P 17371 I / P 75414 r "A" ______ ___ U) 'P / NWS 2745 I RP 9591 11828 3 ° ' - z co 24 11822 N I PI 737}—FF u I, 11820 (0 1181. N If) 13 ______ _ 2 N _ 14 P6695 3 II ILO 1N 11795 _____ 11810 2 26 14 _I I I Rem 1 IiWI RW 63825 11 _____'W 78108 118 AVE. CAMWOOD AVE. . *PP056 75415 I Ioc:I 114 \\Rw ro 6 197 N N II "I" "' _____ 211 212 213 214 21 PcI. (0 RW 82443fl RP 15896 11782 I '19 635 8f75 EP 5)\ ______ LI) 11798 Q — - - NWS 3167 4 P 5596 199 11776 p 43797 * I" II 0.797 ha. 218 219 20 221 22, 0 11757 200 -- — MPIE RtDGE ZON AMtNDtNG Bylaw No. 6146-2003 Map No. 1308 From: CS-1(Service Commercial) To: CS-5(Adult Entertainment and Pawnshop Service Commercial) AMAPLE RIDGE Incarporated 12 September, 1874 1:2500 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6148-2003 A By-law to amend the text of Zoning By-law No. 3510 - 1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning By-law No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This by-law may be cited as "Maple Ridge Zone Amending By-law No. 6148-2003." Part 3 - Basic Provision, Section 302 Zones, subsection (1) is amended by inserting the following in the table following the CS-4 Rural Commercial: 11CS-5 Adult Entertainment and Pawnshop Service Commercial". Part 7 Commercial Zones is amended by inserting the following after Section 710 Rural Commercial: CS-4: "711 ADULT ENTERTAINMENT AND PAWNSHOP SERVICE COMMERCIAL: CS-S This zone provides for adult oriented businesses and pawn shops and other uses catering to the motoring public. The zone is limited to areas of the community that are designated Service Commercial in the Maple Ridge Official Community Plan. 1) PERMITTED PRiNCIPAL USES adult entertainment; pawnshops; convenience store; highway commercial use; business services excluding consulting services; 0 gross indoor commercial recreation; outdoor commercial recreation; personal repair services; personal services; professional services limited to veterinarians, architects, engineering and surveying offices, and drop-in medical clinics; 1) recycling depot; m) retail limited to household furnishings, vehicle parts and accessories, adult paraphernalia, second hand goods, antiques, and sports equipment and accessories, with other retail uses limited to a minimum 2000 m2 gross floor area; Page 2 Bylaw No. 6 148-2003 restaurants and drive through use; warehousing; and Liquor Primary Establishment. 2) PERMITTED ACCESSORY USES retail to light industry use provided the accessory use gross floor area does not exceed 25% of the total principal use gross floor area; apartment; unenclosed storage; and Licensee Retail Store use shall: be located within a Liquor Primary Establishment; and not exceed 40 % gross floor area 3) LOT AREA Subject to Subsection (8), no lot shall be created which is less than: 0.4 ha in area where it is served by neither a community water system or community sewer system; 2,000 m2 in area where it is served by a community water system only; or 929 m2 in area where it is served by both a community water system and community sewer system. 4) LOT DIMENSIONS No lot shall be created which is less than: 18 m in width and 36 m in depth for a parcel served by both a community water system and community sewer system; or 30 m in width and 36 m in depth for a parcel served by a conm1unity water system only; or 36 m in width and 60 m in depth for a parcel served by neither a community water system or a community sewer system. 5) LOT COVERAGE All buildings and structures shall not: exceed a lot coverage of 40%; and exceed 95% coverage of the surface area of a lot for an off street parking or accessory off street parking use. 6) SIZE OF BUILDINGS AND STRUCTURES No building or structure shall exceed a height of 7.7 m. Page 3 Bylaw No. 6 148-2003 7) SITING No building or structure shall be sited less than: 9.0 in from a front lot line; 6.0 in from a rear lot line; 7.5 in from an exterior side lot line; except that for a drive-through business use, in addition to the front, rear and exterior side lot line setbacks specified above, no building shall be sited within 6.0 in of the interior side lot line. Part 7 Commercial Zones is amended by renumbering Section 711 Heritage Commercial: H-I to 712 Heritage Commercial: H-i. Part 2 Interpretation is amended by adding the following definitions in correct alphabetical order: Adult Entertainment Use - means any premises used for the offering for rent, use, viewing or sale of an object, other than a contraceptive device, designed or intended to be used in a sexual act as defined by the Motion Picture Act of British Columbia. An Adult Entertainment Use shall include but not be limited to Adult Video Stores, Body Rub Studios, and Escort Services. Adult Video Stores - means any premise which is licensed as an "adult film distributor" or an "adult film retailer" under the Motion Picture Act of British Columbia. A video store is not defined as an Adult Video Store if the portion of the store requiring licensing under the Motion Picture Act of British Columbia represents less than 25% of the floor area dedicated to video sales and rentals. Body Rub Studio - means a business where the manipulating, touching or stimulating by any means, of a person's body or part thereof, is performed, offered, or solicited. This does not include a business where a person duly licensed or registered under any statute of the Province of British Columbia governing such activities gives medical, therapeutic or cosmetic massage treatment. Escort Servies - means any peTsois conducting the business of -providing e-scorts or partners for social occasions. Pawnshops - means the use of premises for the business of taking goods or chattels in pawn regardless of whether the provisions of the Pawnbrokers Act apply to the business. Part 2 Interpretation is amended by deleting the definition for Personal Service and replacing it with the following: "Personal Service means provision of specific services to the person including, but not limited to, barbering, hairdressing, beauty salons, tailoring, shoemaking, drycleaning and pet grooming, and excluding adult entertainment and pawnshop use. Page 4 Bylaw No. 6 148-2003 7. Part 2 Interpretation is amended by deleting the definition for Retail and replacing it with the following: "Retail means a use providing for the sale for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the articles for sale, and excluding adult entertainment and pawnshop use." READ a first time the day of , A.D. 200. PUBLIC HEARING held the day of , A.D. 200. READ a second time the day of ,A.D. 200. READ a third time the day of , A.D. 200. APPROVED by the Minister of Transportation and Highways this day of 200. RECONSIDERED AND FINALLY ADOPTED, the day of 200. Im A.D. MAYOR CLERK CORPORATION OF THE DISTRICT OF MAPLE RIDGE BY-LAW NO. 6186-2003. A By-law to amend the Official Community Plan WHEREAS the Local Government Act empowers a local government to adopt or amend an Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedule "A" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: This By-law may be cited for all purposes as "Maple Ridge Official Community Plan Amending By-law No. 6186-2003." Table 3, Section 1.5.2 "Table of OCP and Zoning Descriptions", is hereby amended by adding "CS-5 Adult Entertainment and Pawnshop Service Commercial" immediately following "Service Commercial - CS-4 - Recreation Commercial". Maple Ridge Official Community Plan By-law No. 5434-1996 as amended is hereby amended accordingly. READ A FIRST TIME the day of , A.D. 200. PUBLIC HEARING HELD the day of A.D. 200. READ A SECOND TIME the day of , A.D. 200. READATHIRDTIMEthe dayof ,A.D.200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. MAYOR CLERK CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: His Worship Mayor Al Hogarth DATE: July 3, 2002 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: CoW - PW&DS SUBJECT: Adult Entertainment and Pawnshops - Options for Regulating Use I. EXECUTIVE SUMMARY: Pursuant with Council direction, information has been compiled regarding the regulation of adult entertainment and pawnshop uses. Specifically, this memo provides an overview of existing regulations; a comparison of regulations utilized in other Lower Mainland municipalities; and highlights zoning and business licensing options for Council's consideration. H. RECOMMENDATION(S): That a zone amending bylaw be brought forward for consideration that establishes an Adult Entertainment and Pawnshop Zone. That the fees contained in Maple Ridge Business License Bylaw No. 2542-1978 pertaining to adult entertainment and pawnshop uses be increased to a level similar to that in Port Moody, Richmond and Coquitlam. That Licenses and Bylaws staff be directed to amend Maple Ridge Business License Bylaw No. 2542-1978 to establish special business license regulations for adult entertainment and pawnshop uses. Ill. BACKGROUND: At the February 26, 2002 Council meeting, District Council directed staff to: "prepare and bring forward in due course for Council's consideration, amendments to Maple Ridge Zoning Bylaw No. 3510-1 985, that would distinguish "adult" business from other commercial and retail business, and which would restrict such uses to areas of the District where their impact on schools, churches, residential uses and other retail, commercial and office uses would be minimized." In addition to the above resolution regarding adult business, Council in discussion with the RCMP and Licenses and Bylaws staff had earlier requested that pawnshop land use regulations be reviewed. For the purpose of this report, Adult Entertainment uses include unlicensed massage parlours, adult video stores, body rub or painting studios, adult paraphernalia stores, commercial telephone sex service and social escort services. Pawnshop uses refer to businesses taking in goods or chattels in pawn. V. DISCUSSION: PROVINCIAL REGULATIONS: The Provincial Government's only involvement with Adult Entertainment uses relates to the sales and distribution of adult films. Specifically, the BC Attorney General Film Classification Office is responsible for licensing the sale and distribution of adult films under Section 8 of the BC Motion Picture Act. Prior to issuing a license, the Attorney General's office contacts the local government and requests that a Licensing Information Request sheet be completed. Contained on the sheet are questions relating to zoning, building/fire/health/safety code problems, proximity to schools/daycares/playgrounds/group homes, and whether the municipality intends to grant the business license. According to the Classification Office a municipalities feedback will be considered, however it may not be determinative in their assessment. MUNICIPAL REGULATIONS: Zoning Bylaw No. 3510-1985 The District of Maple Ridge Zoning Bylaw does not have regulations that specifically regulate adult entertainment or pawnshop uses. Instead these uses have been permitted under the "personal service" or "retail" use provisions in the Zoning Bylaw. The following table illustrates the commercial zones where retail and personal service uses are permitted. The map attached to this report depicts the location of these zones throughout the community. Personal Service and Retail Uses Zoning Bylaw #3510-1985 Zones Retail Use Personal Service Use Neighbourhood Commercial V V (C-i) (accessory) Community Commercial V Town Centre Commercial V V Village Commercial V V (C-5) Service Commercial V V (CS-i) (minimum 2000 m2) Commercial Residential V V (CRM) ___________ Rural Commercial V V (CS-4) (accessory) Heritage Commercial V V (11-1) 2 Personal Service means the "provision of specific services to the person including, but not limited to, barbering, hairdressing, beauty salons, tailoring, shoemaking, dry cleaning and pet grooming". By definition, such uses as unlicensed massage parlours, body rub studio's or escort service are permitted in the above noted zones. The Zoning Bylaw defines retail as "a use providing for the sale for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the articles for sale". Uses such as the sale of adult videos and adult paraphernalia, and pawnshops are considered a retail use and are permitted in the above mentioned commercial zones. In addition to the commercial zones, a number of comprehensive development and industrial zones provide for accessory retail, retail, or personal service uses. It should also be noted that there are a number of properties throughout the District that are designated Commercial in the Official Community Plan. Accordingly, these properties could be rezoned Commercial, and an adult entertainment or pawnshop use would be permitted as-of-right (refer to the map attached to this report). . Second-Hand Dealers Bylaw No. 4970-1993 The District of Maple Ridge has a Second-Hand Dealers Bylaw that regulates the purchase of second-hand goods. Specifically, this Bylaw defines "dealer" to include auto wreckers, junk dealers, or pawnbrokers and requires that each dealer shall record every transaction where he/she buys any second-hand article directly from the public. The second-hand dealers report includes such information as the date and time of the sale; a description of the article purchased; plus the name, address, place of residence and description of the seller. OPTIONS RELATING TO ZONING: A comparison of other Lower Mainland municipalities illustrates that there are four methods being utilized to regulate adult entertainment and pawnshop uses: outright prohibition; permitting only on municipally owned land; permitting in existing commercial zones; or requiring a rezoning to a specific adult entertainment and pawnshop zone. The breakdown by municipality is noted on the table attached to this report. The following section of this report provides an overview of the four mechanisms utilized in other Lower Mainland municipalities, plus identifies a fifth option for consideration. Option A - Prohibit Use: As noted on the attached table two Lower Mainland Municipalities have prohibited certain adult entertainment uses outright. Specifically, Pitt Meadows has prohibited the sale of adult videos in greater than 100 sq ft of gross floor area, commercial telephone sex services, nude entertainment, and massage enterprises (not licensed). Port Coquitlam has prohibited escort services, massage parlours, gaming or gaming establishments, pawnshops and cabarets. There has been some debate recently regarding whether municipalities have the authority under the Local Government Act to prohibit land use. Specifically, there are concerns that the absolute prohibition of adult entertainment businesses may be vulnerable to constitutional challenge as governments cannot pass laws that infringe on a persons' freedom of expression. Additionally municipal government cannot prohibit businesses that cannot reasonably be shown to have a negative impact on a surrounding neighbourhood. Recommendation.' Based on the potential for successful challenge to the prohibition of adult entertainment or pawnshop use, it is recommended that other options be explored should Council wish to regulate adult entertainment and pawnshop use. Option B - Permit on Municipally Owned Lands The City of New Westminster only provides for adult entertainment uses in its Public Works, Adult Entertainment and Utility District (P-8) zone (ie. public works yard). The use of this option is cautioned as it has been successfully challenged in other jurisdictions. Recommendation: Based on the potential for challenge it is recommended that another option be utilized to regulate adult entertainment and pawnshop uses. Option C - Permit in Existing Commercial Zones A number of Lower Mainland municipalities specify that adult entertainment and pawnshop uses are permitted within existing commercial zones. Specifically, the Richmond and Surrey Zoning Bylaws explicitly state that adult video stores, adult paraphernalia stores, pawnshops, body rub parlours and social escort services are permitted uses in certain commercial zones. Should Council wish to utilize this approach, it is technically possible to identify the zones where adult entertainment and pawnshop uses could operate. Recommendation.' This option is not recommended as it does not provide the municipality with the ability to ensure that adult entertainment and pawnshop uses are appropriately located within the community. For example, under this option it would be possible for an adult entertainment or pawnshop use to operate as-of- right adjacent to a church, daycare or school. Option D - Create an Adult Entertainment and Pawnshop Zone The City of Port Moody has created an Adult Entertainment zone that permits adult entertainment use, adult theatre and adult video stores, and has zoned the former municipal dump to provide for this use. As a result any proposed adult entertainment type use is required to make a rezoning application, and is subject to a public hearing. Should the District elect to create an Adult Entertainment and Pawnshop Zone, persons wishing to establish such uses would be required to make application for rezoning, and a Development Information Meeting and Public Hearing would be held. At this point, it is envisioned that the Adult Entertainment and Pawnshop Zone would be compatible within the Town Centre and Service Commercial Official Community Plan Designations. However, should this option be selected, a detailed review of compatible Official Community Plan designations would be brought forward with an accompanying Zone Amending Bylaw. It should be noted that the Courts have deemed that a municipality cannot establish a "floating zone" (i.e. a zone that has no land in it) on the grounds that zones must be geographically described. Therefore, if an Adult Entertainment and Pawnshop zone is created, it is recommended that at least one property within the municipality be placed within that'zone. One suggestion is that one or more existing adult entertainment or pawnshop uses be placed within the 4 Adult Entertainment and Pawnshop zone, thereby satisfying the intent of the legislation. At this point it is envisioned that one or more existing businesses that do not have a Bylaws Department complaint history would be placed within the Adult Entertainment and Pawnshop zone. Those adult entertainment and pawnshop uses not placed within the Adult Entertainment and Pawnshop zone would be rendered legally non-conforming. Recommendation. This approach is recommended as it provides Council with a mechanism to approve or deny each application on its merits, and requires that a Development Information Meeting and Public Hearing be held. Option E - Provide for Use in Zone(s) subject to Performance Measures Under this option adult entertainment and pawnshop uses may be permitted in certain existing zones (or a new zone) subject to satisfying a number of locational criteria. Examples of locational criteria would include the establishment of-minimum separation distances between adult entertainment and pawnshop uses to other adult entertainment and pawnshop uses, schools, daycares, bus stops, residences, and rest homes. This approach is feasible, however it is noted that applications for an adult entertainment and pawnshop use in an existing zone (i.e. in the Service Commercial or Town Centre Commercial zone) that satisfied the prescribed criteria would be permitted as-of-right and a Development Information Meeting, Public Hearing and Council approval would not be required. Alternatively, it is possible to establish performance criteria in a new Adult Entertainment and. Pawnshop zone, however the advantages of having prescribed criteria are unclear. Assuming that adult entertainment and pawnshop uses would require a rezoning to operate, Council has the discretion to approve or deny each application based on its merits, and would give consideration to adjacent land uses and impacts on surrounding neighbourhoods. There is also a concern that the specified distances established within the Zone may not be appropriate in all situations. Recommendation: It is not recommended that performance criteria be established in existing zones because if locational criteria can be satisfied, a Development Information Meeting, Public Hearing or Council approval would not be required. The establishment of locational criteria in a new zone is possible, however this option is no more effective in regulating the location of adult entertainment or pawnshop uses than Option D. Zoning Options Recommendation Two feasible options to regulate adult entertainment and pawnshop uses have been identified in the above section of this report (Options D and E). Option D, to create an Adult Entertainment and Pawnshop Zone would require that a rezoning application be submitted for each property; a Development Information Meeting and Public Hearing be held; and Council approval be received prior to operating such a use. Option E would provide for adult entertainment and pawnshop uses in certain zones, subject to satisfying a number of performance measures. If adult entertainment and pawnshop uses were permitted in existing zones subject to satisfying locational criteria, a rezoning application, Development Information Meeting, Public Hearing, and Council approval would not be required. It 5 is possible to establish locational criteria in a new Adult Entertainment and Pawnshop zone, however, the benefit Of this approach is unclear. It is recommended that Option D, the creation of an Adult Entertainment and Pawnshop Zone be selected. BUSINESS LICENSING District of Maple Ridge Bylaw No. 2452-1978 regulates the issuance of trade licenses in the Municipality. The Bylaw also establishes the fees related to each proposed business use. Specifically, the fee for a pawnbroker business is $185.00; adult video is considered to be a retail use and is $95.00; and massage parlours and adult paraphernalia stores are unclassified at $95.00. The following table identifies the number of business licenses that have been issued for various adult entertainment and pawnshop uses in the District. Adult Entertainment & Pawnshop Business Licenses Issued Use Number of businesses adult video stores 2 video stores with adult section 2 pawnshops 3 body rub parlours 1 gift, novelty and souvenir store 1 clothing store 1 A comparison of licensing fees in other municipalities revealed that some municipalities have used the business licensing fee as a method of discouraging certain land uses. For example, New Westminister, Richmond, Port Moody and Coquitlam all have business license fees ranging from $2060 - $3000 for massage parlours, social escort services, and body rub parlours. Fees in Maple Ridge range from $95 to $185. Discussion with other municipalities has indicated that the increase of the business license fee has pttito beiieffetiw molin discouraging the nuthbef of pawnshops and adult entettainment uses operating within their boundaries. The Courts have ruled that charges may be used as a means of discouraging behaviour, even when the amount of the fee is unrelated to the cost of the regulation. However, the extent to which business license fees may be used as a means of discouraging a particular business is not clear. Should Council wish to increase the business license fee to an amount similar to that charged in other Lower Mainland municipalities, there is a risk that the fee may be challenged on the grounds of discrimination. In addition to increased business license fees, some municipalities, such as the City of Richmond have created special business license application requirements to regulate operations. For example, hours of operation, and operating requirements including warning signs and information pertaining to employees are included. This approach to regulating adult entertainment and pawnshop use has been effective in other jurisdictions, however would require a considerable amount of research by Licenses and Bylaws staff and amendment to the Trade License Bylaw. Recommendation: It is recommended that the fees for adult entertainment or pawnshop uses be increased to a level similar to that in the cities of Port Moody, Richmond or Coquitlam. It is further recommended that Licenses and Bylaws staff be directed to bring forward an amendment to the trade license bylaw to establish special business license regulations for adult entertainment and pawnshop uses. CITIZEN/CUSTOMER IMPLICATIONS: Any amendment to the Zoning Bylaw to prohibit adult entertainment or pawnshop uses in certain zones, may result in the creation of legal non-conforming uses. In addition, adult entertainment or pawnshop operators seeking to locate in Maple Ridge may be discouraged by the zoning regulations. Any increase in business license fees for adult entertainment or pawnshop uses will affect existing operators as their fees will increase. Operators seeking to establish new adult entertainment or pawnshops within the District may be discouraged by the increase in the license fees. INTERDEPARTMENTAL IMPLICATIONS: Staff in the Licenses, Permits and Bylaws Department and the RCMP were contacted during the preparation of this report. Licenses, Permits and Bylaws staff are supportive of the recommendations contained within the report. The RCMP did not have concerns with the recommendations relating to adult entertainment uses, however did note a preference for prohibiting pawnshop uses in the District. Any resulting amendments to the Zoning Bylaw will be referred to both departments for comments, prior to submission to Council. FINANCIAL IMPLICATIONS: There are no negative financial implications that have been identified for the District. Any increase in business license fees for adult entertainment and pawnshop uses would marginally increase revenues for the District. ALTERNATIVES: An alternative to the zoning and business licensing options identified in this report is to leave the existing regulations pertaining to adult entertainment and pawnshop uses as they are. 7 IX. CONCLUSIONS: Zoning Bylaw No. 3510-1985 currently provides for adult entertainment or pawnshop uses in a number of commercial zones through interpretation and the establishment of existing uses. In response to the influx of business license applications for adult entertainment and pawnshop uses in the District, Council directed staff to prepare a report to distinguish "adult" businesses from other commercial and retail businesses. Accordingly a report identif'ing options for regulating such uses through zoning has been prepared, and it is recommended that an Adult Entertainment and Pawnshop zone be created. In addition, the report recommends that the business license fees for adult entertainment and pawnshop uses be increased and that special business license application requirements be established in the business license bylaw (Bylaw No. 2452-1978). Prepared by: Christine Carter, MCIP Man er Comunity Planning Approvedb Dir ctor Concurrence: Frank Quinn, P.Eng., PMP c Works & Development Services Concurrence: / J. L. (Jim) Rule / Chief Administrative Officer /cc cipality, pro ibiFdtrse . ,ferrnitinExistii7g PfMunip1 4nitien4 1011 Coquitlam Not applicable • Pawn shops & adult Not applicable Not applicable video are considered "retail sales" Massage parlours and escort services are considered "personal service establishment" Mission Not applicable Permitted in general Not applicable Not applicable commercial zone (C-5) New Not applicable Not applicable Permitted in P-8 Zone Not applicable Westminster (Works Yard) Adult entertainment use • Adult motion picture studio • Adult theatre • Adult video stores • Drug stores • Escort services • Masseur and masseuse service • Pawns shops, used music stores, and used tool stores Pitt Meadows Prohibited uses include: Not applicable Not applicable Not applicable • video stores with more than 10% or 100 sq ft ofGFA dedicated to sale or rental of adult videos • commercial telephone sex services • nude entertainment • massage enterprises (not licensed) • retail hydropottic supply stores Port Adult Entertainment, Not applicable Not applicable Not applicable Coquitlam Escort Services, Massage Parlours, Gaming or Gaming Establishments, Pawnshops, Cabarets Port Moody Not applicable Not applicable Not applicable dult Entertainment C-8: • permits adult entertainment use • adult theatre • adult video store 4. Muncipahtv Prohibited (J - Permitin Exiting r 2oii es Permit 'un1wiicipaI all Ld Alult Entetaint ine I Richmond Not applicable Penrntted in the C-6 Not applicable Not applicable • commercial uses, plus • Adult video stores • Adult paraphernalia store • Pawnbroker • Unregistered massage_parlours Surrey Not applicable C8-B Community Corn: Not applicable Not applicable Commercial uses, including: • pawnshops, • body rub parlours • social escort services bkg: 2002-04-17 CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: February 25, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Building Bylaw No. 6180 - 2003 EXECUTIVE SUMMARY: The attached report and new Building Bylaw has been reviewed by our Solicitor respecting Local Government Act and Community Charter requirements. Minor changes were made to reflect comments received by the Solicitor. However, the Bylaw has not substantially changed in content and the November 25, 2003 report to the Committee of the Whole accurately reflects the substance of the new Building Bylaw. RECOMMENDATION: That Maple Ridge Building Bylaw No. 6180 - 2003 be read a first and second time and the rules of order be waived and Maple Ridge Building Bylaw be read a third time DISCUSSION: See attached report to the Committee of the Whole dated November 25, 2003 SUMMARY: The attached Bylaw outlines the roles and responsibilities of all parties involved in the building construction process. The District of Maple Ridge will continue to require that aspects of construction that relate to health, safety and the protection of persons and property be performed in an adequate manner, as specified inwBuildingBylaw 7 Prepared by: Pieter M. Den Uyl, R.B.O., Manager of Inspection Services Reviewed by: Brock McDonald Busins Licenses, Permits and Bylaws Approved by: / Frank Quinn, P.Eng., / General manager: Public Works and Development Services Concurrence: J.L. (4i) Rule Chief dministrative Officer CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: November 25, 2003 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Building Bylaw No. 6180 - 2003 EXECUTIVE SUMMARY: The referenced Building Bylaw has been prepared in response to the Municipal Insurance Association of B.C. (MIABC) "Core Building Bylaw Project", which was prepared in response to several serious liability considerations affecting member municipalities. The referenced Building Bylaw is a hybrid of MIABC core provisions blended with our current Building Bylaw No. 5452 - 1996. The referenced Building Bylaw is intended to decrease our risk of liability, associated to the monitoring of all building, plumbing, gas and electrical work carried on within the District of Maple Ridge. RECOMMENDATION: That Maple Ridge Building By-law No. 6180 - 2003 be read a first and second time and the rules of order be waived and Maple Ridge Building By-law be read a third time. DISCUSSION: a) Background Context: The attached Building Bylaw clarifies and defines the roles and responsibilities of municipal building officials, professional engineers, architects and owners in terms of construction works carried on with the District of Maple Ridge. A greater emphasis will be placed on design professionals, project coordinators, contractors and owners in providing proper design and construction details related to their permit application. As well, a greater emphasis will be placed on professional engineers and architects to conduct field reviews and provide certification that / complex buildings meet Building Code requirements. In this instance, municipal building officials will monitor the progress of the construction and ensure professional certification has been received. The major revisions and modifications to our current building by-law include the following: Complex (large commercial, multi residential, industrial and institutional buildings) and simple structures (small buildings including houses, accessory buildings and small commercial developments) are subjected to fundamentally different regulatory regimes. The proposed Bylaw is stressing reliance on the professional designers for complex structures. This reliance on the professional designers has increased over the current Building Bylaw requirements. The owner's responsibility to ensure compliance with both the Building Code and the bylaw is emphasised by requiring the owner (or agent) to apply for the building permit and provide a statement acknowledging his or her responsibilities related to the project. The latter is a change in our process. The written acknowledgement of the owner of his or her responsibilities is not contained within our current Building Bylaw. r The responsibility of complex building's design compliance with the Building Code is left completely with the registered professionals, in accordance with section 290 of the Local Government Act. This means that the Professional Designer must certify that the plans meet the Building Code and we will rely on that fact. In the current situation we review and approve complex building plans for Building Code compliance. The new Bylaw is directing the professional designer to submit code compliant designs for complex buildings. The designer will have this responsibility as his or her intimate project knowledge extends far beyond the review undertaken by municipal officials. Registered professionals are required to provide proof of professional liability insurance at the time their professional certification is submitted to the building officials. This requirement is in our current Building Bylaw and has been enhanced in the MIABC core recommendations now contained within the new Bylaw. This requirement may pose some concerns with professional designers, as insurers are very reluctant in granting adequate professional liability coverage for designers. The registered professionals, as part of their field reviews, conduct all inspections of the construction of complex structures. In a matter of fact this is usually the practice of most reputable professional designers. However, in the current Bylaw reliance was placed on the municipality to perform requisite inspections. This process is changed in that we will monitor the progress of construction on complex buildings, but rely on certification reports from the Professional Designers for verification that the field construction meets the Building Code. Registered professionals are required to certify the design of simple structures in some circumstances, or when deemed necessary by the building official, as provided for by section 695 of the Local Government Act. Part of this requirement was also contained within the current Bylaw. However, generally speaking, all simple buildings of a more complex nature likely will be required to be provided with engineering designs prepared by professionals. The foundation design of simple structures must be carried out in accordance with Part 4 of the Building Code, or upon completion of a geotechnical investigation pursuant to section 699 of the Local Government Act, unless the owner establishes that neither of these steps is necessary. This means that all foundations and structural design for houses and other simple buildings are to be structurally engineered and certified. This is an increase over our current Bylaw requirements. However, Home Warranty Providers under the Home Protection Act, are requiring that dwellings be structurally certified by Professional Engineers. The builder/owner is bearing such costs under the current regime of requirements, in order to satisfy the ten-year structural warranty for dwellings per Home Protection Act Regulations. The bylaw specifies the aspects of construction that relate to health, safety and the protection of persons and property. The current Bylaw does not adequately address the issue of what we try to accomplish with municipal building inspections. In part, this responsibility clarification is intended to spell out our involvement in the construction process, limiting our liability. • The inspections of the construction of simple buildings, conducted by the building officials, are confined to reviewing the specified health, safety and protection of persons and property aspects. The inspection types have changed to reflect this change. 2 • Occupancy permits are issued only to certify that the conditions required to fulfil the monitoring system have been completed. In essence, this is just about the same as our current Bylaw process b) Citizen/Customer Implications: The Draft Bylaw was presented at our recently held Builders Forum (October 22, 2003). The entire Bylaw was presented in detail and referenced changes or modifications were highlighted. In addition, the Draft Bylaw was mailed out to local contractors and designers. Appendix A and B to this report contain the list of Builder Forum attendees, list of mail-out recipients and a copy of the covering letter, asking for their input. Based on limited feedback we prepared minor changes and incorporated these into the referenced Building Bylaw. SUMMARY: The attached Building Bylaw has been prepared to clearly outline the roles and responsibilities of all parties involved in the building construction process. The District of Maple Ridge will continue to require that all the aspects of construction that relate to health, safety and the protection of persons and property be carried on in an adequate manner, as specified in the new building bylaw. Prepared by Pieter M. Den UyI, R.B.O., Maager of Inspection Services Approved by: 'Frank Quin, P. Eng., General Manager: Public Works and Development Services J.L. (Jim) Rule I Chief Administrative Officer pd u APPENDIX "A" Re: Attached Proposed Building Bylaw, for your review and comments Please find attached a preliminary draft copy of our proposed Building Bylaw. This Bylaw proposal is modeled on a core set of requirements developed by the Municipal Insurance Association, Maple Ridge's Insurer. The focus of this Bylaw is directed towards two major themes. First, housing construction, generally speaking, is considered "Simple Building" construction and other larger types of construction are classified as "Complex Building" construction. The proposed Bylaw deals with these types of construction in a very specific way. Second, liability issues, owner's responsibilities and definition of the "Building Official's" role are very much amplified. This draft Bylaw was discussed at the Builders' Forum, held last week on Wednesday October 22 and participants were given a copy of the same draft document as attached to this correspondence. Comments were received at the Forum and participants were encouraged to provide their written comments on or before October 29, 2003. This is your opportunity to participate in the review and comment process, relating to the proposed Building By-law. We hope that you are willing and able to provide written suggestions, recommendations or input on the proposed Bylaw on or before November 5, 2003. We recommend that you email me with your comments at pdenuyl(ämapIeridge.orq or fax to my attention 604-467-7461. In advance of your participatory reply we thank you for taking the opportunity to read this letter and attached Bylaw proposal. With best regards, P. M. (Pieter) Den Uyl, R.B.O. Manager of Inspection Services pd u APPENDIX "B" Building Bylaw Draft Handed out October 22, 2003 at Builders' Forum Keith Heppner Construction Jem Mie Enterprises Get Smart Construction John Wiebe Mike Lourens, Maple Ridge Truss Upland Projects Westack Developments Kanaka Homes Russ Franklin Enterprises Alexander Custom Homes Jeff Kelebaba Mike Beaulieu Cavalier Homes Mailed October 30, 2003 R.J.M. Holdings Kirby Homes Fair West Homes Rose Hill Developments Falcon Homes Portrait Homes Jent Construction Oakvale Developments Jayman Master Builders Bella Vista Homes Concordia Homes e-mailed October 30, 2003 SumrnitBidgeJ-1ornes Brian Malkoske Gary Lycan Janum Custom Homes Corporation of the District of Maple Ridge Building Bylaw No. 6180 - 2003 INDEX Page # Section Citation 1 1 Definitions 1,2,3 2 Purpose of Bylaw 3 3 Permit Conditions 4 4 Scope and Exemptions 4 5 Prohibitions 4,5 6 Building Officials 5 7 Applications 5,6,7,8 8 Applications for Complex Buildings 8,9,10 9 Applications for Simple Buildings 10,11 10 Professional Plan Certification 11,12 11 Fees and Charges 12 12 Building Permits 12,13 13 Change of Plans 13 14 Revocation of Permit 13,14 15 Permit Fee Refund 14 16 Permit Transfer and Limitations 14 17 Disclaimer of Warranty or Representation 14,15 18 Professional Design and Field Review 15 19 Responsibilities of the Owner 15 20 Surveyor's Certificate 15 21 Inspections 15,16,17 22 Occupancy Permits 17,18 23 Provisional Occupancy Permits 19 23 18,19 24 Design Data 19 25 Temporary Buildings 19,20,21 26 Moving of Buildings 22 27 Pools 22,23 28 Plumbing 23,24 29 Gas 24 30 Electrical 25 31 Penalties and Enforcement 25 32 Severability 25 33 Forms and Schedules 26 34 CORPORATION OF THE DISTRICT OF MAPLE RIDGE Building Bylaw No. 6180 - 2003 A Bylaw to regulate the Construction, alteration, repair, demolition or moving of buildings and Structures and the installation, alteration or repair of plumbing, electrical working and equipment and gas piping, fittings and appliances in the Municipality of Maple Ridge WHEREAS section 694 (1) of the Local Government Act authorizes the Corporation of the District of Maple Ridge, for the health, safety and protection of persons and property to regulate the Construction, alteration, repair, or demolition of buildings and Structures by bylaw; AND WHEREAS the Province of British Columbia has adopted a building code to govern standards in respect of the Construction, alteration, repair and demolition of buildings in municipalities and regional districts in the Province; AND WHEREAS it is deemed necessary to provide for the administration of the building code; NOW THEREFORE THE COUNCIL OF the Corporation of the District of Maple Ridge, in open meeting assembled, enacts as follows: Citation This bylaw be cited as the "Maple Ridge Building Bylaw No. 6180 -2003" and; That "Maple Ridge Building Bylaw No. 5452 - 1996 as amended be repealed in its entirety. Definitions In this bylaw: The following words and terms have the meanings set out in Section 1.1.3.2 of the British Columbia Building Code 1998: assembly occupancy, Building, Building area, Building height, business and personal services occupancy, care or detention occupancy, Constructor, coordinating registered professional, designer, field review, high hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy, mercantile occupancy, medium hazard industrial occupancy, occupancy, owner, plumbing system, registered professional, and residential occupancy. "Accessory Building" means a Building which is customarily incidental, subordinate and exclusively devoted to the uses contained within the principal Building; "Agent" means a person appointed as an agent in writing by the owner of the Premises authorizing- such person to- make- application for a -Building --- Permit or Occupancy Permit pursuant to this Bylaw and to act for the Owner pursuant to this Bylaw; "B.C. Gas Safety Code" means the standards of the Canadian Gas Association and amendments thereto as adopted by the B.C. Gas Safety Act and Regulations pursuant thereto; "Building Code" means the British Columbia Building Code 1998 as adopted by the Minister pursuant to section 692 (1) of the Local Government Act, as amended or re- enacted from time to time. "Building Official" includes The Chief Building Official, Building Inspectors, Gas/Plumbing Inspectors, Electrical Inspectors, Trades Inspectors and Plan Checkers designated by the Corporation of the District of Maple Ridge. "Chief Building Official" is the Manager of Inspection Services and includes the Director of Business Licensing, Permits and Bylaws. "Complex Building" means: 2.1 all Buildings used for major occupancies classified as 2.1 .1 assembly occupancies, 2.1.2 care or detention occupancies, 2.1.3 high hazard industrial occupancies, and 2.2 all Buildings exceeding 600 square meters in Building area or exceeding three storeys in Building height used for major occupancies classified as 2.2.1 residential occupancies, 2.2.2 business and personal services occupancies, 2.2.3 mercantile occupancies, 2.2.4 medium and low hazard industrial occupancies "Construct" includes erect, install, replace, alter, enlarge, demolish, repair or move and any excavation (excavation as defined in the B.C. Building Code); "Construction" means the erection alteration, replacement, addition, removal, moving and demolition of Buildings, Structures and of all appurtenances thereto including without limitation, Plumbing, sewer, drainage, septic, heating, air conditioning, electrical, gas, oil and other systems, fittings, appliances and accessories of every nature and kind, and includes all site preparation, excavation, filling and grading; "Corporation" means the Corporation of the District of Maple Ridge; "Council" means the Municipal Council of the Corporation; "Electrical Code" means all those parts of the Canadian Electrical Code nineteenth edition, CSA Standard C22.1-02 including errata forming the B.C. Electrical Code Regulation enacted as B.C. Reg. 258/2002 per the B.0 Electrical Safety Act; "Electrical Equipment" means Electrical Equipment as defined in the Electrical Code; "Gas Equipment" shall have the same meaning as that term defined in the Gas Safety Act, R.S.B.C. 1996, c. 169; "Health and Safety Aspects of The Work 11 means design and Construction regulated by Part 3, Part 4, and sections 9.1, 9.4, 9.5, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22, 9.23, 9.24, 9.31, 9.32, and 9.35 of Part 9 of the Building Code. "Non Inhabitable" means an accessory residential Building which has no cooking, or kitchen counter/cupboard facilities, bathing, or sleeping facilities and which is used solely as an accessory Building for storage or work shop purposes "Permit" includes a Building Permit, Occupancy Permit, Gas Permit, Plumbing Permit, Electrical Permit and all other Permits required by this Bylaw; "Plumbing" means any system or arrangement of one or more pipes, including fittings and appliances attached thereto, in or upon any Premises, installed for the purpose of supplying such Premises with potable water or for the conducting or carrying away of waste water or of rain or surface water, including any required vent pipes and including sprinkler systems; -2- "Pool" means any manufactured or constructed swimming Pool having the capacity to contain water at a depth exceeding 450mm and with a water surface area exceeding 46 square meters. A Pool includes any fence or other enclosing Structure, all Plumbing and appurtenances necessary or convenient to the use of the Pool, but does not include self-contained hot tubs with a locking cover. "Premises" includes any parcel of land together with all Buildings or Structures located thereon; "Simple Building" means Buildings of three storeys or less in Building height, having a Building area not exceeding 600 square meters and used for major occupancies classified as 2.3 residential occupancies, 2.4 business and personal services occupancies, 2.5 mercantile occupancies, or 2.6 medium and low hazard industrial occupancies "Structure" means a Construction or portion thereof of any kind, whether fixed to, supported by or sunk into land or water, without limiting the generality of the foregoing, includes any pad or base of concrete, asphalt or other material designed to support or actually supporting a mobile home; but specifically excludes landscaping, fences, paving and retaining Structures less than 0.5 meters in height. "Temporary" means a period of time not exceeding 12 months; "Temporary Building" means a Building that has been granted approval for a fixed and limited time not exceeding the expiration date of the authorizing Building Permit. "Temporary Residential Use" means a Temporary dwelling unit for the accommodation of a relative of the property Owner 3. Purpose of Bylaw 3.1 This bylaw, shall, notwithstanding any other provision herein, be interpreted in accordance with this section. 3.2 This bylaw is enacted and retained for the purpose of regulating Construction within the Corporation of the District of Maple Ridge in the general public interest. The activities undertaken by or on behalf of the Corporation of the District of Maple Ridge pursuant to this bylaw are for the sole purpose of providing a limited spot check for health, safety and the protection of persons and property. It is not contemplated nor intended, nor does the purpose of this bylaw extend: 3.2.1 to the protection of owners, owner/builders or Constructors from economic loss; 3.2.2 to the assumption by the Corporation of the District of Maple Ridge of any responsibility for ensuring the compliance by any owners, his or her representatives or any employees, Constructors or designers retained by him or her, with the Building Code, the requirements of this bylaw or any other applicable codes or standards; 3.2.3 to providing any person a warranty of design or workmanship with respect to any Building or Structure for which a building permit or occupancy permit is issued under this bylaw; -3- 3.2.4 to providing a warranty or assurance that Construction undertaken pursuant to building permits issued by the Corporation of the District of Maple Ridge is free from latent, or any defects. Permit Conditions 4.1 A permit is required whenever work regulated under this bylaw is to be undertaken. 4.2 Neither the issuance of a permit under this bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any inspections made by or on behalf of the Corporation of the District of Maple Ridge shall in any way relieve the owner or his or her representatives from full and sole responsibility to perform the work in strict accordance with the Building Code, this bylaw and all other codes, standards and applicable enactments. 4.3 It shall be the full and sole responsibility of the owner (and where the owner is acting through a representative, the representative) to carry out the work in respect of which the permit was issued in compliance with the Building Code, this bylaw and all other applicable codes, standards and enactments. 4.4 Neither the issuance of a permit under this bylaw, the review and acceptance of the design, drawings, plans or specifications, nor inspections made by a Building Official, shall constitute a representation or warranty that the Building Code or the bylaw have been complied with or the Building or Structure meets any standard of materials or workmanship, and no person shall rely on any of those acts as establishing compliance with the Building Code or this bylaw or any standard of Construction. Scope and Exemptions 5.1 This bylaw applies to the design, Construction and occupancy of new Buildings and Structures, and the alteration, reConstruction, demolition, removal, relocation and occupancy of existing Buildings and Structures. 5.2 This bylaw does not apply to Buildings or Structures exempted by Part 1 of the Building Code except as expressly provided herein. Prohibitions 6.1 No person shall commence or continue any Construction, alteration, reconstruction, demolition, removal or relocation of any Building or Structure, including excavation or other work related to Construction unless a Building Official has issued a valid and subsisting permit for the work. 6.2 -Nb jërOn shall dèmolih a 7Building or SirUttirC Utiiê a -Building Official has issued a valid and subsisting demolition permit for the demolition. 6.3 No person shall move a Building or Structure unless a valid and subsisting moving permit has been issued by a Building Official for the moving of the Building or Structure. 6.4 No person shall occupy or use any Building or Structure unless a valid and subsisting occupancy permit has been issued by the Chief Building Official in accordance with sections 23.1 to 23.8 for the Building or Structure, or contrary to the terms of any permit issued or any notice given by the Chief Building Official. 6.5 No person shall, unless authorized in writing by the Chief Building Official, reverse, alter, deface, cover, remove or in any way tamper with any notice, -4- permit or certificate posted upon or affixed to a Building or Structure pursuant to this bylaw. 6.6 No person shall do any work that is substantially at variance with the approved design, plans or specifications of a Building, Structure or other works for which a permit has been issued, unless that variance has been accepted in writing by a Building Official. 6.7 No person shall obstruct the entry of a Building Official or other authorized official of the Corporation of the District of Maple Ridge on property in the administration of this bylaw. Building Officials 7.1 The Chief Building Official: 7.1.1 shall administer this bylaw; 7.1.2 shall keep records of permit applications, permits, notices and orders issued, issues Permits for the purposes mentioned in this Bylaw, inspections and tests made, and shall retain copies of all documents related to the administration of this bylaw or microfilm copies of such documents. 7.1.3 may establish, if requested to do so, whether the methods or types of Construction and types of materials used in the Construction of a Building or Structure substantially conform to the requirements of the Building Code. 7.1.4 Appoint Building Officials who shall be responsible to the Chief Building Official and shall assist in the administration of this bylaw. 7.2 A Building Official: 7.2.1 may enter any land, Building or Premises at any reasonable time for the purpose of ascertaining the terms of this bylaw are being observed; 7.2.2 shall, where any residence is occupied, obtain the consent of the occupant or provide written notice to the occupant 24 hours in advance of entry; and 7.2.3 shall carry proper credentials confirming his or her status as a Building Official. 7.3 A Building Official may order the correction of any work that is being or has been done in contravention of this bylaw. Applications 8.1 Every person shall apply for and obtain: 8.1.1 a permit before constructing, repairing or altering a Building, a Structure, Plumbing works per Section 29, Gas works per Section 30, and/or Electrical works per Section 31. A permit shall be in the form provided by the Chief Building Official and, if applicable, to be in accordance with section 11.1 of this bylaw. Each Building or Structure to be constructed on a site requires a separate building permit and shall be assessed a separate building permit fee based on the value of that Building or Structure as determined in accordance with Appendix "A" to this bylaw. -5- 8.1.2 a moving permit before moving a Building or Structure; A moving permit shall be in the form provided by the Chief Building Official. 8.1.3 a demolition permit before demolishing a Building or Structure; A demolition permit shall be in the form provided by the Chief Building Official. 8.1.4 a fireplace and chimney permit prior to the Construction of a masonry fireplace or the installation of a wood burning appliance or chimney unless the works are encompassed by a valid building permit. A fireplace and chimney permit shall be in the form provided by the Chief Building Official. 8.2 Application Exceptions Except as herein specifically provided, where a Building or Structure or any part thereof has been constructed prior to the adoption of this Bylaw, such Building or Structure or part thereof shall not be required to be altered to comply herewith; 8.2.1 Where a Building or Structure or any part thereof is demolished or removed, this bylaw applies to any part of the Building or Structure which remains on the Premises and to all Construction done in connection with the demolition or removal thereof; 8.2.2 Where a Building or Structure or any part thereof is moved to a site within the Municipality, this Bylaw applies to any part of the Building or Structure which is moved and to all Construction done in connection with the relocation thereof; 8.2.3 Where the class of occupancy or use, as defined in the Building Code, of a Building or any part thereof is changed, this Bylaw applies to any part of the Building affected by the change; 8.2.4 Where a Building is damaged by any cause to the extent of more than fifty percent (50%) of its assessed value as shown on the last assessment roll upon which such Building was assessed, this Bylaw applies to the whole of the Building and to all Construction done in connection with the repairs thereto, and where the Building damage by any cause is fifty percent (50%) or less of the assessed value as shown on the last assessment roll upon which such Building was assessed, the Bylaw is only applicable to the damaged part; 8.2.5 Storage and garden sheds and other accessory Buildings not exceeding 10m2 in floor area may be erected without a Building Permit, but such Buildings shall comply with the applicable portions of the Building Code, this bylaw, all other bylaws of TheorpOrtiOn àdäh{ - other applicable enactment concerning safety. 8.2.6 Farm Buildings which are not used as dwellings shall comply with Part 1 of the Canadian Farm Building Code 1990 issued by the Associate Committee on the National Building Code which is hereby adopted and made a part of this Bylaw, and with all other applicable provisions of this Bylaw, all other Bylaws of the Corporation and any other applicable enactment concerning safety. 8.3 Certified Engineering Report for Applications 8.3.1 If the Chief Building Official considers that Construction would be on land that is subject to or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rockfalls, subsidence or avalanche, the building inspector may require the owner of land to -6- provide the Chief Building Official with a report certified by a professional engineer with experience in geotechnical engineering that the land may be used safely for the use intended. 8.3.2 If a professional engineer with experience in geotechnical engineering determines that land may not be used safely for the use intended, the Chief Building Official must refuse to issue a building permit. 8.3.3 the Chief Building Official may issue a building permit in accordance with subsection (6) if a professional engineer with experience in geotechnical engineering determines and certifies that the land may be used safely for the use intended, subject to conditions contained in the engineer's report with respect to 8.3.3.1 the siting, structural design and maintenance of buildings, Structures or works, 8.3.3.2 the maintenance or planting of vegetation, 8.3.3.3 the placement and maintenance of land fill, or 8.3.3.4 other conditions respecting the safe use of the land, buildings, Structures or works 8.3.4 A building permit under subsection (5) must be issued on the condition that 8.3.4.1 the owner of the land covenants with the municipality or regional district to use the land only in the manner determined and certified by the engineer as enabling the safe use of the land for the use intended, 8.3.4.2 the covenant contains conditions respecting reimbursement by the covenantor for any expenses that may be incurred by the covenantee as a result of a breach of a covenant under paragraph (a), and 8.3.4.3 the covenant be registered under section 219 of the Land Title Act. 8.4 Private Wells and Septic Systems 8.4.1 Except as hereinafter specifically provided, no Building Permit shall be issued for the Construction of any Building where the property on which the proposed Building is to be located has not been occupied during the previous 12 month period and is not served by a community Wtr sys1em Uritira rtifiate ofwellwaterquantity and potability in the form provided by the Chief Building Official, certifying that the well or wells on the Premises will be capable of supplying at least 2,250 litres of potable water per day on a year round basis, has been submitted to the Chief Building Official. 8.4.2 Where a certificate of well water quantity has been executed by a Professional Engineer certifying that the well or wells on the Premises will be capable of supplying at least 2,250 litres of water per day on a year round basis, the Chief Building Official may issue a Building Permit prior to receiving a certificate of well water potability provided that the applicant enters into an agreement with the Corporation to install any water treatment system necessary to render the well water potable to the satisfaction of the Authorizing Officer as designated by the Health Authority prior to the occupancy of the Building and, as security for the carrying out of the said agreement, deposits with the Corporation, in the -7- form of cash. term deposit or an irrevocable letter of credit issued by a financial institute acceptable to the Corporation, a sum of money in the amount of Two Thousand Dollars ($2,000). 8.4.3 This Section does not apply where a proposed new Building is to replace an existing Building on the same Premises and where there is an existing proven source of potable ground water yielding 2,250 litres per day on a year round basis. 8.4.4 Except as hereinafter specifically provided, no Building Permit shall be issued for the Construction of any Building where the Premises on which the proposed Building is to be located is not served by a public sanitary sewer system until approval in writing from the Health Authority for the installation of a septic sewage disposal system has been submitted to the Chief Building Official. 8.4.5 Where an alternate method of sewage disposal is required due to soil conditions and where approval has been obtained in writing from the Health Authority to allow Construction to proceed prior to the installation of the alternate sewage disposal system. The Chief Building Official may issue a Building Permit prior to the installation of the alternate sewage disposal system provided that the applicant enters into an agreement with the Corporation providing that the alternate sewage system shall be installed to the satisfaction of the Health Authority, prior to the occupancy of the Building and, as security for the carrying out of the said agreement, deposits with the Corporation, in the form of cash, term deposit or an irrevocable letter of credit issued by a financial institute acceptable to the Corporation, a sum equal to the estimated cost of installing the alternate sewage disposal system but in no case shall be less than Two Thousand Dollars ($2,000) minimum. 9. Applications for Complex Buildings 9.1 An application for a building permit with respect to a Complex Building shall; 9.1.1 be made in the form provided by the Chief Building Official, signed by the owner, or a signing officer if the owner is a Corporation, and the coordinating registered professional; 9.1.2 be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Chief Building Official, signed by the owner, or a signing officer if the owner is a Corporation; 9.1.3 include a site plan showing: 9.1.3.1 the bearing and dimensions of the parcel taken from the rgistEredsubdivision plan; 9.1.3.2 the legal description and civic address of the parcel; 9.1.3.3 the location and dimensions of all statutory rights of way, easements and setback requirements; 9.1.3.4 the location and dimensions of all existing and proposed Buildings or Structures on the parcel; 9.1.3.5 setbacks to the natural boundary of any lake, swamp, pond or watercourse where the Corporation of the District of Maple Ridge's land use regulations establish siting requirements related to flooding; -8- 9.1.3.6 the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a Building or Structure where the Corporation of the District of Maple Ridge's land use regulations establish siting requirements related to minimum floor elevation; and 9.1.3.7 the location, dimension and gradient of parking and driveway access; 9.1.4 include floor plans showing the dimensions and uses of all areas: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; Plumbing fixtures; structural elements; and stair dimensions. 9.1.5 include a cross section through the Building or Structure illustrating foundations, drainage, ceiling heights and Construction systems; 9.1.6 include elevations of all sides of the Building or Structure showing finish details, roof slopes, windows, doors, and finished grade; 9.1.7 include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the Building or Structure substantially conforms to the Building Code; 9.1.8 include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and Health Authority approval; 9.1.9 include a letter of assurance in the form of Schedule A as referred to in section 2.6 of Part 2 of the Building Code, signed by the owner, or a signing officer of the owner if the owner is a Corporation, and the coordinating registered professional. 9.1.10 include letters of assurance in the form of Schedules B-I and B-2 as referred to in section 2.6 of Part 2 of the Building Code, each signed by such registered professionals as the Building Official or Building Code may require to prepare the design for and conduct field reviews of the Construction of the Building or Structure; 9.1.11 include two copies of specifications and three sets of drawings at a scale of %":l'-O", 1:50, or another suitable scale of the design prepared by each registered professional and including the information set out in sections 9.1.5-9.1.8 of this bylaw;. 9.2 in Additi6n to ihe requinernents of section 9:1 thefoiiowirig maybrequiredbya Building Official to be submitted with a building permit application for the Construction of a Complex Building where the complexity of the proposed Building or Structure or siting circumstances warrant: 9.2.1 site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line, prepared and sealed by a registered professional, in accordance with the Corporation's subdivision servicing bylaw; 9.2.2 a section through the site showing grades, Buildings, Structures, parking areas and driveways; 9.2.3 any other information required by the Building Official or the Building Code to establish substantial compliance with this bylaw, the Building Code and other bylaws and enactments relating to the Building or Structure. 10. Applications for Simple Buildings 10.1 An application for a building permit with respect to a Simple Building shall; 10.1.1 be in the form provided by the Chief Building Official, signed by the owner, or a signing officer if the owner is a Corporation; 10.1.2 be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Chief Building Official, signed by the owner, or a signing officer if the owner is a Corporation; 10.1.3 include a site plan showing: 10.1.3.1 the bearing and dimensions of the parcel taken from the registered subdivision plan; 10.1.3.2 the legal description and civic address of the parcel; 10.1.3.3 the location and dimensions of all statutory rights of way, easements and setback requirements; 10.1.3.4 the location and dimensions of all existing and proposed Buildings or Structures on the parcel; 10.1.3.5 setbacks to the natural boundary of any lake, swamp, pond or watercourse where the Corporation of the District of Maple Ridge's land use regulations establish siting requirements related to flooding; 10.1.3.6 the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a Building or Structure where the Corporation of the District of Maple Ridge's land use regulations establish siting requirements related to minimum floor elevation; and 10.1.3.7 the location, dimension and gradient of parking and driveway access; 10.1.3.8 the comprehensive lot grading required to establish Building or Structure height compliance with the District of Maple Ridge's Zoning Bylaw; 101.4 iñclwzë floor plan showiflgthe dir nsinsanduse ofaliaieas: th dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; Plumbing fixtures; structural elements; and stair dimensions. 10.1.5 include a cross section through the Building or Structure illustrating foundations, drainage, ceiling heights and Construction systems; 10.1.6 include elevations of all sides of the Building or Structure showing finish details, roof slopes, windows, doors, and finished grade; 10.1.7 include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the Building or Structure substantially conforms to the Building Code; 10.1.8 include copies of approvals required under any enactment relating tc health or safety, including, without limitation, sewage disposal permits, highway access permits and Health Authority approval; 10.1.9 include a foundation design prepared by a registered professional in accordance with section 4.2 of Part 4 of the Building Code, accompanied by letters of assurance in the form of Schedules B-i and B-2 as referred to in section 2.6 of Part 2 of the Building Code, signed by the registered professional, unless; 10.1.9.1 the requirements of section 10.1.10 are waived by a Building Official because the Building Official required a professional engineer's report pursuant to section 699 (2) of the Local Government Act and the building permit is issued in accordance with sections 699 (5) and (6) of the Local Government Act, (see section 8.3) or; 10.1.9.2 documentation, prepared and sealed by a registered professional, is provided certifying that the foundation design substantially complies with section 9.4.4 of Part 9 the Building Code and the foundation excavation substantially complies with section 9.12 of Part 9 of the Building Code. 10.1.10 include two copies of specifications and two sets of drawings at a scale of 1/4": 1-0", 1:50, or another suitable scale of the design including the information set out in sections 10.1.5 to 10.1.9 of this bylaw. 10.2 In addition to the requirements of section 10.1, the following may be required by a Building Official to be submitted with a building permit application for the Construction of a Simple Building where the project involves two or more buildings, which in the aggregate total more than 1000 square meters of building area, or two or more buildings that will contain four or more dwelling units, or otherwise where the complexity of the proposed Building or Structure or siting circumstances warrant: 10.2.1 site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line, prepared and sealed by a registered professional, in accordance with the Corporation of the District of Maple Ridge's subdivision servicing bylaw; 10.2.2 a section through the site showing grades, Buildings, Structures, parking areas and driveways; 10.2.3 a roof plan and roof height calculations; 10.2.4 structural, electrical, mechanical or fire suppression drawings prepared and sëã led by a registered professional; 10.2.5 letters of assurance in the form of Schedules B-i and B-2 as referred to in section 2.6 of Part 2 of the Building Code, signed by the registered professional; 10.2.6 any other information required by the Building Official, Building Code, B.C. Gas Safety Code or the Electrical Code to establish substantial compliance with this bylaw, the Building Code and other bylaws and enactments relating to the Building or Structure. 11. Professional Plan Certification 11.1 The letters of assurance in the form of Schedules B-I and B-2 referred in section 2.6 of Part 2 of the Building Code and provided pursuant to sections 9.1.10, 10.1.9, 10.2.5, and 19.1 of this bylaw are relied upon by the Corporation of the MIE District of Maple Ridge and its Building Officials as certification that the design and plans to which the letters of assurance relate comply with the Building Code and other applicable enactments relating to safety. 11.2 A building permit issued for the Construction of a Complex Building, or for a Simple Building for which a Building Official required professional design pursuant to section 10.2.4 and letters of assurance pursuant to section 10.2.5 of this bylaw, shall be in the form provided by the Chief Building Official. 11.3 A building Permit issued pursuant to section 11.1 of this bylaw shall include a notice to the owner that the building Permit is issued in reliance upon the certification of the registered professionals that the design and plans submitted in support of the application for the building Permit comply with the Building Code and other applicable enactments relating to safety. 11.4 When a building permit is issued in accordance with section 11.1 of this bylaw the permit fee shall be reduced by 5% of the fees payable pursuant to Appendix "A" to this bylaw, up to a maximum reduction of $500.00 (five hundred dollars). Fees and Charges 12.1 In addition to applicable fees and charges required under other bylaws, a permit fee, calculated in accordance with Appendix "A", "D", "E" and "F" to this bylaw, shall be paid in full upon issuance of any permit under this bylaw. 12.2 The appropriate plan-processing fee as set out in Appendix "A", "D", "E" and "F" shall accompany an application made for a building permit to this bylaw. 12.3 Where, due to non-compliance with this bylaw, more than two inspections are necessary when one inspection is normally required, for each inspection after the second inspection, a re-inspection fee as set out in Appendix "A", "D", "E" and "F" to this bylaw shall be paid prior to additional inspections being performed. 12.4 Where a required permit inspection is requested to be done after the hours during which the offices of the Corporation of the District of Maple Ridge are normally open, an inspection charge shall be payable based on the time actually spent in making such inspection, including travel time, as set out in Appendix "A", "D", "E" and "F" to this bylaw. Building Permits 13.1 When: 13.1.1 a completed application in compliance with section 9 or 10 of this bylaw, including all required supporting documentation has been submitted; 13.1.2 the oWner or his or her r presemtivehas p-aid all applicable fe-es -setout- in 12.1 of this bylaw; 13.1.3 the owner or his or her representative has paid all charges and met all requirements imposed by any other statute or bylaw; 13.1.4 no covenant, agreement, or regulation of Corporation of the District of Maple Ridge authorizes the permit to be withheld; a Building Official shall issue the permit for which the application is made. 13.2 When the application is in respect of a Building that includes, or will include, a residential occupancy, the building permit must not be issued unless the owner provides evidence pursuant to section 30 (1) of the HomeOwner Protection Act, SBC 1998 Chapter 31, and amendments thereto, that the proposed Building: - 12 - 13.2.1 is covered by home warranty insurance, and 13.2.2 the Constructor is a licensed residential builder. 13.3 Section 13.2 of this bylaw does not apply if the Owner is not required to be licensed and to obtain home warranty insurance in accordance with sections 20 (1) or 30 (1) of the HomeOwner Protection Act, SBC 1998 Chapter 31, and amendments thereto. Change of Plans: 14.1 The plans and specifications for any Building, Structure, Plumbing, Electrical Equipment or gas Construction for which a Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit has been issued shall not be altered unless such alteration is approved in writing by the Chief Building Official. 14.2 No person shall do any Construction that is at variance with the description, plans and specifications submitted with the application for a Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit which has been issued pursuant to this Bylaw, unless such change has been approved in writing by the Chief Building Official. Revocation of Permit: 15.1 Where an applicant fails to obtain a Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit within 60 calendar days of being notified that the same is ready for issuance, unless an extension has been granted by the Chief Building Official, the application shall be deemed null and void and any fees paid in respect of such application shall be forfeited and any documentation submitted may be destroyed. 15.2 Every Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit is issued subject to the following conditions: 15.2.1 the Construction shall commence within 6 months from the date the Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit is issued; 15.2.2 the Construction shall not be discontinued or suspended for a period in excess of 12 months; 15.2.3 the Construction shall be completed within 24 months from the date the Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit is issued; and 15.2.4 in the event that any COñditiOflS in clauses 15.2.1, 15.2.2 or 15.2.3 of this subsection are breached, the Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit authorizing the Construction shall forthwith expire and shall be without force and effect. 15.3 The Chief Building Official may revoke a Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit if; 15.3.1 there is a contravention of any condition under which that Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit was issued; 15.3.2 the Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit was issued on the basis of incorrect information provided by the owner, his agent, his contractor or a Registered Professional; or - 13 - 15.3.3 there is a violation of this Bylaw or other relevant Bylaws and any other applicable enactment concerning safety. Permit Fee Refund 16.1 Where an Owner or his agent applies in writing for the cancellation of a Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit issued under this Bylaw, 75% of any Permit fee paid in excess of $50.00 may be refunded to the holder of the Permit, provided; 16.1.1 the Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit had not expired at the time the application for cancellation was received; and 16.1.2 no Construction had commenced under that Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit. Permit Transfer and Limitations 17.1 No Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit issued pursuant to this Bylaw shall be transferred or assigned until the holder of the Building Permit, Plumbing Permit, Electrical Permit and or Gas Permit has received in writing: 17.1.1 approval from the Chief Building Official for the transfer or assignment; and 17.1.2 has paid the prescribed transfer fee as set out in Schedules "A, D, E, & F" hereto. 17.2 A Building Official may extend the period of time set out under sections 15.2.1 and 15.2.2 where Construction has not been commenced or has been discontinued due to adverse weather, strikes, material or labour shortages, or similar hardship beyond the owner's control. 17.3 A Building Official may issue a foundation permit in the form provided by the Chief Building Official, prior to the issuance of a building permit. 17.4 A Building Official may issue a building permit for a portion of a Building or Structure before the design, plans and specifications for the entire Building or Structure have been accepted, provided sufficient information has been provided to the Corporation to demonstrate to the Building Official that the portion authorized to be constructed substantially complies with this and other applicable bylaws and the permit fee applicable to that portion of the Building or Structure has been paid. The issuance of the permit notwithstanding, the requirements of this bylaw apply to the remainder of the Building or Structure as if the permit for the portion of the Building or Structure had not been issued. 17.5 When a site has been excavated under a foundation permit issued pursuant to section 7.3 of this bylaw and a building permit is not subsequently issued or a subsisting building permit has expired in accordance with the requirements of section 7.4, but without the Construction of the Building or Structure for which the building permit was issued having commenced, the owner shall fill in the excavation to restore the original gradients of the site within 60 days of being served notice by the Corporation to do so. Disclaimer of Warranty or Representation 18.1 Neither the issuance of a permit under this bylaw, the review and acceptance of the design, drawings, plans or specifications, nor inspections made by a Building Official, shall constitute a representation or warranty that the Building Code or the bylaw have been complied with or the Building or Structure meets - 14 - any standard of materials or workmanship, and no person shall rely on any of those acts as establishing compliance with the Building Code or this bylaw or any standard of Construction. Professional Design and Field Review 19.1 When a Building Official considers that the site conditions, size or complexity of a development or an aspect of a development warrant, he or she may require a registered professional to provide design and plan certification and field review supported by letters of assurance in the form of Schedules B-I, B-2 and C-B referred to in section 2.6 of Part 2 of the Building Code. 19.2 Prior to the issuance of an occupancy permit for a Complex Building, or Simple Building in circumstances where letters of assurance have been required in accordance with sections 10.1.9, 10.2.5, or 19.1 of this bylaw, the owner shall provide the Corporation of the District of Maple Ridge with letters of assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in section 2.6 of Part 2 of the Building Code. 19.3 When registered professional provides letters of assurance in accordance with sections 9.1.10, 10.1.9, 10.2.5, or 19.2 of this bylaw, he or she shall also provide proof of professional liability insurance to the Building Official in the form provided by the Chief Building Official Responsibilities of the Owner 20.1 Every owner shall ensure that all Construction complies with the Building Code, B.C. Gas Safety Code, the Electrical Code, this bylaw, other Municipal Bylaws and other applicable enactments respecting safety. 20.2 Every owner to whom a permit is issued shall be responsible for the cost of repair of any damage to municipal works and property that occurs in the course of the work authorized by the permit. (see Section 22) 20.3 Every owner to whom a permit is issued shall, during Construction: 20.3.1 keep a copy of the accepted designs, plans and specifications on the property and keep inspection records in a conspicuous place 20.3.2 post the civic address on the property in a location visible from any adjoining streets. Surveyors Certificate: 21.1 Where the market value of a proposed Building will exceed $1,000.00 and such Building is being constructed or will be constructed upon a concrete foundation or pad, the Chief Building Official may require that the applicant submit a Surveyor's Certificate showing the geodetic elevations of the forms and the location of the forms in relation to the boundaries of the parcel upon which the Building is being or will be constructed. 21.2 No Building or Structure shall be constructed on any parcel in such a manner that it encroaches upon any adjoining parcels, crosses any parcel boundary. Inspections 22.1 When a registered professional provides letters of assurance in accordance with sections 9.1.9, 10.1.9, 10.2.5, or 19.2 of this bylaw, the Corporation of the District of Maple Ridge will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to section 19.2 of this bylaw as certification that the Construction substantially conforms to the design, plans and specifications and that the Construction - 15 - complies with the Building Code, this bylaw and other applicable enactments respecting safety. 22.2 Notwithstanding section 22.1 of this bylaw, a Building Official may attend the site from time to time during the course of Construction to ascertain that the field reviews are taking place and to monitor the field reviews undertaken by the registered professionals. 22.3 A Building Official may attend periodically at the site of the Construction of simple Buildings or Structures to ascertain whether the health and safety aspects of the work are being carried out in substantial conformance with the applicable portions of the Building Code, this bylaw and any other applicable enactment concerning safety. Building 22.4 The owner, or his or her representative, shall give at least 24 hours notice to the Corporation of the District of Maple Ridge when requesting an inspection and shall obtain an inspection and receive a Building Official's acceptance of the following aspects of the work prior to concealing them: 22.4.1 the foundation and footing forms, before concrete is poured; 22.4.2 installation of perimeter drain tiles and damp-proofing, prior to backfilling; 22.4.3 the preparation of ground, including ground cover, when required, prior to the placing of a concrete slab; 22.4.4 rough in of factory built chimneys and fireplaces and solid fuel burning appliances; 22.4.5 the framing and sheathing; 22.4.6 insulation and vapour barrier; 22.4.7 the health and safety aspects of the work when the Building or Structure is substantially complete and ready for occupancy 22.5 No aspect of the work referred in section 22.4.1-6 of this bylaw shall be concealed until a Building Official has accepted it in writing. 22.6 The requirements of section 22.4.2-7 of this bylaw do not apply to any aspect of the work that is the subject of a registered professional's letter of assurance provided in accordance with sections 9.1.10, 10.1.9, 10.2.5, paragraph 19.1 and 19.2 of this bylaw. Electrical 22.7 The holder of an electrical permit shall give at least 24 hours notice to the Corporation of District of Maple Ridge when requesting an inspection and shall obtain an inspection and receive and building officials acceptance of the following aspects of the electrical work prior to concealing them. 22.7.1 after all underground electrical Construction is complete, but prior to the placing of any concrete; 22.7.2 after electrical rough-in wiring but prior to framing; 22.7.3 electrical final inspection must be performed prior to the final Building inspection, - 16 - Plumbing 22.8 The holder of an plumbing permit shall give at least 24 hours notice to the Corporation of District of Maple Ridge when requesting an inspection and shall obtain an inspection and receive and building officials acceptance of the following aspects of the plumbing work prior to concealing them. 22.8.1 after the installation of foundation drains, dampproofing and drain rock, sanitary èewer lines, storm sewer lines, water lines, sumps, is complete, but prior to the backfilling of foundations; 22.8.2 after all underground Plumbing Construction is complete, but prior to the placing of any concrete; 22.8.3 after the installation of in slab radiant heat piping where required, but prior to the pouring of concrete slabs; 22.8.4 after Plumbing rough-in, but prior to framing; 22.8.5 Plumbing final inspection must be performed prior to the final Building inspection, Gas 22.9 The holder of an gas permit shall give at least 24 hours notice to the Corporation of District of Maple Ridge when requesting an inspection and shall obtain an inspection and receive and building officials acceptance of the following aspects of the gas work prior to concealing them. 22.9.1 after all underground gas Construction is complete, but prior to the placing of any concrete; 22.9.2 after heating duct installations, gas venting installations but prior to framing; 22.9.3 gas final inspection must be performed prior to the final Building inspection, 23. Occupancy Permits 23.1 No person shall occupy a Building or Structure or part of a Building or Structure until an occupancy permit has been issued, in the form set out in schedule "C" to this bylaw, by the Chief Building Official 23.2 An occupancy permit shall not been issued unless: 2321 all lttr f asurarice have ben submitted when requiredin accordance with sections 9.1.10, 10.1.9, and 10.2.5, of this bylaw, or 23.2.2 all aspects of the work requiring inspection and an acceptance pursuant to section 22.4 of this bylaw have been inspected and accepted and; 23.2.3 AlIthe requirements of this Bylaw, other relevant Bylaws of the District and any other applicable enactment concerning safety as evidenced by inspection approvals pursuant to sections 22.7, 22.8 and 22.9. 23.3 The type of occupancy or use of a Building for which an Occupancy Permit has been issued shall not be changed to any other type of occupancy or use which is not specifically approved in the occupancy Permit until a new occupancy Permit therefore has been issued by the Chief Building Official. 23.4 The site must be identified in accordance with the Maple Ridge House - 17 - Numbering Bylaw for emergency vehicle and inspection purposes during Construction. Permanent address must be in place prior to occupancy. 23.5 Before an occupancy Permit is granted, all Provisional Occupancy Permit fees and any other Municipal fees shall be paid. Provisional Occupancy Permit 23.6 The Chief Building Official may issue an occupancy permit for part of a Building or Structure when that part of the Building or Structure is self- contained, provided with essential services and meets requirements set out in section 23.2 of this bylaw. Upon the written request of the holder of a Building Permit or the owner of a Building for which a Building Permit has been issued, and on payment of fees required as per schedules A, D, E and F the Chief Building Official may issue a provisional occupancy Permit where such provisional occupancy will not jeopardize the health or safety of the occupants of the Building. Planning and Engineering department approvals are necessary prior to the granting of the provisional occupancy Permit.. No Provisional Occupancy Permit may be issued unless: 23.6.1 The exterior finishes of the Building are substantially complete; 23.6.2 A permanent address pursuant to Maple Ridge House Numbering Bylaw has been assigned and posted on the Building; 23.6.3 It sets out the date of expiry of the Provisional Occupancy Permit; and 23.6.4 Where Registered Professionals are engaged in the inspection process a certified statement from them that the provisional occupancy applied for will not jeopardize the health or safety of occupants of the Building. 23.7 The Chief Building Official may require as a condition of issuance of a Provisional Occupancy Permit that the owner provide security equal to the value of part or all of outstanding Construction required to complete the Building. 23.8 The site identified as per the Maple Ridge House Numbering Bylaw for emergency vehicles and inspection purposes during Construction. Permanent address must be in place prior to provisional occupancy. Where other items, not of health or safety concerns, relating to Building or site issues not covered by security already deposited with the District of Maple Ridge, the Director may require an amount of security equal to the value of outstanding Construction. 24. Site Grades: 24.1 Where the natural grade of any land is altered for any reason, all slopes shall be suitably landscaped or retained to prevent soil erosion and escape of water to or from adjacent Premises. Existing slopes, which are adequately retained by trees, shrubs, turf, rock or any combination thereof shall not require further treatment. 24.2 All walls, grade transitions and methods of soil retention shall be shown on the site plan including all details of Construction. Any wall (method of soil retention) over 1 metre high shall be structurally engineered except that in geotechnically sensitive areas, the Chief Building Official may require a Geotechnical Engineer to design and inspect the method of retention. A registered professional shall supervise the design and Construction of a retaining Structure greater than 1.0 meters in height. Sealed copies of the design plan and field review reports prepared by the registered professional for all - 18- retaining Structures greater than 1.0 meters in height shall be submitted to a Building Official prior to acceptance of the works. 24.3 Any retaining wall (method of soil retention) or grade alteration over 0.50 metres will require a Permit for grade alteration or retaining wall(s) except that where the retaining wall(s) have been identified on the initial Building Permit application, no separate retaining wall Permit will be required. Design Data 25.1 The following climatic design data shall be utilized for the design of Buildings in the Municipality: 25.1.1 January 2 1/2 percent Design Temperature: - 9 0C 25.1.2 January I percent Design Temperature: -11°C 25.1.3 July 2 1/2 percent Design Drybulb Temperature: 300C 25.1.4 July 2 1/2 percent Design Wetbulb Temperature: 20 0C 25.1.5 Annual Total Degree-days below 18 0C: 3050 25.1.6 Maximum Fifteen-minute rainfall: 10mm 25.1.7 Maximum One-day rainfall: 125mm 25.1.8 Annual Total Precipitation: 1950mm 25.1.9 Ground snow load (kPa): 0-45 metres elevation: SS = 2.1 kPa (design weight based on snow depth) SR = 0.2 kPa (design weight added for rain) SS + SR = 2.3 kPa calculated ground snow load Above 45 Metres: 0.008 x (Site elev. in Metres) + 1.8 kPa = S5 0.001 x (Site elev. in Metres) + 0.2 kPa = SR SS + SR = calculated ground snow load 25.1.10 Hourly Wind Pressures: 25.1.11 Seismic Data Probability 1/10 = 0.36kN/m2 Probability 1/30 = 0.43kN/m2 Probability 1/100 = 0.52kN/m 2 Z5 = 4 ZV = 4 Zonal Velocity Ratio = 0.20 Temporary Buildings 261 Applicationfor a=Bullding=Permit for Temporary-Building-shall- be in- writing, signed by the applicant and shall be accompanied by: 26.1.1 plans showing the location of the proposed Temporary Building or Structure and Construction details thereof; 26.1.2 an explanation of the intended use for the proposed Temporary Building or Structure; 26.1.3 an agreement with the Corporation executed by the applicant, that the applicant will remove the Temporary Building or Structure from the Premises and leave the site in a safe, tidy and sanitary condition upon the expiration of the Temporary Building Permit; and 26.1.4 cash, term deposit or an irrevocable letter of credit issued by a financial institute acceptable to the Corporation in the amount - 19 - $1,000.00 minimum up to a maximum of $10,000.00, based on a value of 25% of the Building as security for the carrying out of the agreement to remove the Temporary Building or Structure. 26.2 If, upon the expiration of the Temporary Building Permit, the Permit holder does not remove the Temporary Building or Structure from the Premises and leave the site in a satisfactory condition, the Corporation may do so at the Permit holder's expense and may deduct the cost of so doing from the security deposit. If the security deposit is not adequate to cover the said cost the Permit holder shall pay to the Corporation any cost in excess of the security deposit. 26.3 Notwithstanding the foregoing, a Temporary Building or Structure which is rendered Non Inhabitable and which conforms with all Bylaws of the Corporation and the Provincial regulations may be allowed to remain on the Premises after the expiration of the Temporary Building Permit upon the Permit ho Ider applying for and receiving an occupancy Permit for the said Building or Structure. 26.4 In addition to the requirements of Sections 26.6 to 26.13 of this Bylaw all Temporary mobile homes except those to be occupied for Temporary Residential Use pursuant to the provisions of Maple Ridge Zoning Bylaw No. 3510 - 1985, shall comply with Canadian Standards Association Z240(1979) structural requirements for mobile homes; 26.5 All Temporary mobile homes to be occupied for Temporary Residential Use pursuant to the provisions of Maple Ridge Zoning Bylaw No. 3510 - 1985, and all other Temporary Buildings or Structures shall comply with all provisions of the Provincial regulations and all Bylaws of the Corporation. Prior to occupancy the owner shall obtain an inspection by the Chief Building Official or an Building Official to determine compliance with all applicable Codes and Bylaws and shall pay an inspection fee of $100.00 to the Corporation. All Temporary Mobile Homes Shall: 26.6 be directly serviced by a water supply capable of supplying at least 2,250 litres of potable water per day on a year round basis; 26.7 be serviced by a separate sewage disposal system approved by the Health Authority; 26.8 be serviced by an electrical subfeed from the main dwelling or, with the approval of the Chief Building Official, a separate electrical service, when it can be shown that it would be an extreme hardship due to location; a security deposit must be posted as per section 26.1.4 to cover the removal; 26.9 have any oil tank placed in accordance with the British Columbia Fire Code and - - - ._ - - Wsl rsreened from VIeW from any highway; 26.10 be equipped with stairs and handrails; 26.11 have a skirting around the mobile home between the underside of the frame and the ground at its exterior perimeter; 26.12 be set true, square and level on the lot; and 26.13 have any support pad or base or any material which is in contact with the ground, consist of concrete Construction designed and constructed in accordance with the provisions of the B.C. Building Code. 26.14 Where an application for a Building Permit is made for the Construction of a residential dwelling on Premises where an existing residential dwelling is situated, and only one residential dwelling is Permitted by the Bylaws of the - 20 - Corporation, the Chief Building Official may issue the Building Permit provided that the owner of the Permit grants to the Corporation in registerable form a restrictive covenant pursuant to Section 219 of the Land Title Act providing that: 26.14.1 Use and occupancy of the existing residential dwelling shall be prohibited upon occupancy of the new residential dwelling; 26.14.2 The existing residential dwelling shall be wholly removed from the Premises within 60 days of commencement of occupancy of the new residential dwelling; and 26.14.3 Security be deposited with the Corporation to secure all the obligations of the Covenantor. 26.15 Where a Temporary Building Permit has been issued for the Construction of a Building for a Temporary Residential Use pursuant to the provisions of Maple Ridge Zoning Bylaw No. 3510-1985, and where the Temporary Building complies with the provisions of the Provincial regulations and all Bylaws of the Corporation, the Chief Building Official may issue a Temporary Residential Use agreement Permit to allow occupancy of the Temporary Building for a Temporary Residential Use provided that the owner of the Permit grants to the Corporation in registerable form a restrictive covenant pursuant to Section 219 of the Land Title Act. 26.16 Applications for Temporary second dwelling or Temporary Residential Use agreement Permits shall be in writing, signed by the applicant and shall be accompanied by: 26.16.1 for Buildings to be occupied during the Construction of a new dwelling, plans showing the location of the existing dwelling and the proposed location of the new dwelling on the Premises; Such drawings shall conform to the requirements of Section 10; 26.16.2 a restrictive covenant pursuant to Section 219 of the Land Title Act executed by the Owner in registerable form an agreement with the Corporation, that the applicant will remove the Temporary second dwelling from the Premises and leave the site in a safe, tidy and sanitary condition upon the expiration of the Temporary second dwelling Permit; Such a restrictive covenant shall be registered with the Land Titles Office; and 26.16.3 cash, term deposit or an irrevocable letter of credit issued by a financial institute acceptable to the Corporation in the amount of $2,000.00, as security to secure all the obligations of the Covenantee under the restrictive covenant; 26.17 If, upon the expiration of the Temporary second dwelling Permit, the Permit holder does not remove the Temporary second dwelling from the Premises and does not leave the site in a satisfactory condition, the Corporation may do so at the Permit holder's expense and may deduct the cost of so doing from the security deposit. If the security deposit is not adequate to cover the said cost the Permit holder shall pay to the Corporation any cost in excess of the security deposit, prior to the issuance of an occupancy Permit for the new dwelling. 26.18 Notwithstanding the foregoing, a Temporary second dwelling which is rendered Non Inhabitable and which conforms with all Bylaws of the Corporation and the Provincial regulations may be allowed to remain on the Premises as an accessory Building after the expiration of the Temporary second dwelling Permit provided that the Permit holder applies for and is issued an occupancy Permit for use of the Building as an accessory Building. -21- Moving of Buildings 27.1 No person shall move any Building from one parcel of land to another parcel of land without first obtaining a Building Permit therefore. 27.2 Every application for a Building Permit to move a Building shall show the existing site of the Building and the proposed site to which it is to be moved. 27.3 No Building Permit to move a Building shall be issued until the time and the route of the moving have been approved by the Officer in Charge of the local Detachment of the R.C.M.P., all utility companies having overhead wires along the proposed route, the Municipal Engineering Department and the Chief Building Official. 27.4 No Building Permit required under Section 26 shall be issued unless the application for the Building Permit includes all Construction necessary to complete the Building or Structure in compliance with all Bylaws of the Corporation and of the Building Code; Pools 28.1 No person shall construct a Pool on any Premises without first obtaining a Building Permit to do so. 28.2 Every application for Construction of a Pool shall be accompanied by a plan showing: 28.2.1 the location of the proposed Pool in relation to all existing Buildings on the Premises and the parcel boundaries; 28.2.2 the type of Construction; 28.2.3 the water supply and proposed method of drainage; 28.2.4 septic approval from the Health Authority if not serviced by Municipal Sanitary Sewer; and 28.2.5 the proposed method of fencing 28.3 Every Pool, whether filled with water or empty, shall be completely enclosed with a fence or other Structure which is not less than 1.2 metres in height, which has no opening or gap with its largest dimension being less than 5 cm and which is designed and constructed so that it does not provide footholds or grips on the outside which would assist children in climbing the Structure to gain access to the Pool. The fence or other Structure shall be continuous except for points of access which shall, except for access from doors of the residence, be equipped w.ith.self-closing. .gates which are designedso that they will return to a latched or locked position when not in use, and which are secured by a latch or lock located not less than 150 mm from the top of the gate and not less than I metre above grade, on the Pool side of the fence or other Structure. 28.4 Every fence or other Structure enclosing a Pool, whether filled with water or empty, shall be maintained by the owner or occupier of the Premises upon which the same is located, in good order and repair so that it is adequate to perform its intended function; and all sagging gates, loose parts, worn latches or locks and all broken or binding members shall be promptly and adequately replaced or repaired. 28.5 Every gate in a fence or other Structure which provides access to a Pool shall be kept in a latched or locked closed position and shall only be open for the purpose of entry to or exit from the Pool area during such period. IWIPM 28.6 Every Pool and hot tub shall be drained into a sanitary sewer system or, where a sanitary sewer system of adequate capacity is not available, into a septic dry well or rock pit approved by the Health Authority. 29. Plumbing 29.1 No Plumbing System, as defined in the Building Code shall be installed, altered or repaired except in accordance with the provisions of this Bylaw and the Building Code and Regulations. 29.2 No Plumbing, including drainage systems, septic tanks, sewers and sewer connections, or any part thereof, shall be located outside of the lot being served by such Plumbing, except where an easement has been registered in the Land Title Office charging the lands burdened by the easement and benefiting the lands served by such Plumbing System. 29.3 No Plumbing storm drainage system shall be installed without gravity drainage to a Municipal or other approved drainage system unless a written request is made, including engineering details and auxiliary electrical backup power specifications or other equivalent emergency systems. Such details must be provided and approved by the Chief Building Official prior to the commencement of any Building or drainage Construction. Permit Required 29.4 Except as hereinafter specifically provided, no Plumbing shall be installed, altered or repaired until a Building Permit to do so has first been obtained pursuant to this Bylaw. 29.5 No Building Permit shall be required for the repair of leaks in water pipes or the replacing of Plumbing fixtures, provided that such fixtures and the installation thereof conform with all other requirements of this Bylaw and the provincial regulations, or for the removal of blockages in sewer or drain pipes provided that clean-outs are utilized for such purpose and it is not necessary to cut any sewer or drain pipe. 29.6 Where Construction has commenced prior to issuance of the Plumbing Permit, the Permit fee shall be doubled up to a maximum of $2,000.00 per Building. 29.7 A Plumbing Permit shall only be issued to a plumber holding a valid British Columbia Journeyman Plumber qualification and a valid Maple Ridge Business Licence or, where the installation, alteration or repair of Plumbing is to be carried out within a single family dwelling and entirely by the owner and occupier or intended occupier of the Premises for which the Permit is sought. 29.8 where the Construction is done under a homeowner Permit and that person is found to be incompetnt or to have viblated a condition under which the Permit was issued, that Permit will be revoked by the Chief Building Official and a qualified plumber will be required to review the project and complete it under a new Permit prior to occupancy being issued relevant to this Permit. 29.9 Every application for a Plumbing Permit shall: 29.9.1 be made in the form provided for such purposes; 29.9.2 be signed by the applicant; and 29.9.3 be accompanied by plans and specifications sufficient to describe the proposed Construction and establish compliance with the Building Code, this Bylaw and all other Bylaws of the Corporation. 29.10 Where an application has been made for a Plumbing Permit pursuant to this - 23 - Bylaw and: 29.10.1 the proposed Construction as shown in the application conforms with the Building Code and Regulations, this Bylaw and all other Bylaws of the Corporation; 29.10.2 the applicant has shown proof that he is the holder of a valid British Columbia tradesman's qualification certification as a plumber or, where the applicant is the owner and occupier or intended occupier of a single family dwelling for which the Permit is sought, he has delivered a signed declaration that he will be carrying out the Construction himself; and 29.10.3 the applicant has paid the prescribed fee as set out in Schedule "D" hereto; the Chief Building Official shall issue the Plumbing Permit for which the application was made. 29.11 The holder of a Plumbing Permit shall obtain an inspection by the Chief Building Official or Building Official to determine compliance with the provisions of this Bylaw and the Building Code and Regulations: 29.11.1 after the rough Plumbing is complete, but prior to the installation of any fixtures or the covering thereof by insulation, lath or other interior or exterior finish which would conceal such Construction; and 29.11.2 when the Plumbing is complete and ready for use, but before the Plumbing is put into use by the owner or occupier of the Premises. 29.12 Provided however, that where a Professional Engineer registered to practice Mechanical Engineering in the Province of British Columbia has been engaged by the owner for the inspection of the Plumbing and where the prior written approval of the Chief Building Official has been obtained, sealed certificates of compliance with the approved plans and the provincial regulations, submitted by that Engineer, may be accepted in lieu of inspections made by the Chief Building Official or a Building Official. 29.13 The holder of a Plumbing Permitshall, during the installation, alteration or repair of the Plumbing Construction s, keep a copy of the Permit documentation approved drawings and specifications, which accompanied the Permit application on the Premises. These drawings and specifications shall be kept on site and available to the Building Official in order for him to be able to complete his inspections. Failure to have the drawings on site will be deemed an offence under this bylaw and will require a re-inspection fee and re-inspection to verify that the Construction complies with the Permit. 30. Gas 30.1 Parts I to 9 of the CSA B149.1-00 Standard; Natural Gas and Propane Installation Code is hereby adopted and forms part of this Bylaw. 30.2 Every person who obtains a Permit for the installation or alteration of gas Construction pursuant to the B.C. Gas Safety Act shall pay to the Corporation the fees prescribed in Schedule "E" hereto prior to obtaining the Permit. 30.3 Every person who obtains a Permit pursuant to this Section 30 shall maintain and keep a copy of the Permit and all documentation and plans pertaining thereto on the Premises on which the Construction authorized by the said Permit is being done. Failure to have the Permit documentation on site will be deemed an offence under this Bylaw and will require a re-inspection fee and re- inspection to verify that the Construction complies with the Permit. - 24 - Electrical 31.1 Parts 1 and 2 of the Canadian Electrical Code are hereby adopted and form part of this Bylaw. 31.2 Every person who obtains a Permit for the installation or alteration of Electrical Equipment pursuant to the Electrical Code shall pay to the Corporation the fees prescribed in Schedule "F" hereto prior to obtaining the Permit. 31.3 Every person who obtains a Permit pursuant to this Section 31 shall maintain and keep a copy of the Permit and all documentation and plans pertaining thereto on the Premises on which the Construction authorized by the said Permit is being done. Failure to have the Permit documentation on site will be deemed an offense under this Bylaw and will require a re-inspection fee and inspection to verify that the Construction complies with the Permit. Penalties and Enforcement 32.1 Every person who contravenes any provision of this bylaw commits an offenc punishable on summary conviction and shall be liable to a fine of not more than $10,000.00 (Ten Thousand Dollars) or to imprisonment for not more than six months. 32.2 The Chief Building Official may order the cessation of any work that is proceeding in contravention of the Building Code, B.C. Gas Safety Code and Electrical Code, this bylaw, any other bylaw of the Corporation or any other applicable enactment concerning safety, by posting a Stop Work notice in the form provided by the Chief Building Official. 32.3 The owner of property on which a Stop Work notice has been posted, and every other person, shall cease all Construction work immediately and shall not do any work until all applicable provisions of this bylaw have been substantially complied with and the Stop Work notice has been rescinded in writing by a Building Official. 32.4 Where a person occupies a Building or Structure or part of a Building or Structure in contravention of section 6.4 of this bylaw the Chief Building Official may post a Do Not Occupy notice be in the form provided by the Chief Building Official on the affected part of the Building or Structure. 32.5 The owner of property on which a Do Not Occupy notice has been posted, and every person, shall cease occupancy of the Building or Structure immediately and shall refrain from further occupancy until all applicable provisions of the Building Code and this bylaw have been substantially complied with and the Do Not Occupy notice has been rescinded in writing by the Chief Building Official. Severability 33.1 If any part, section, sub-section, clause, or sub-clause of this bylaw is, for any reason, held to be invalid by the decision of a Court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. - 25 - 34. Forms and Schedules 34.1 Schedules A, C, D, E & F attached to this Bylaw form a part of this bylaw. READ a FIRST TIME on the day of READ a second time on the day of READ a third time on the day of RECONSIDERED and ADOPTED this day of MAYOR CLERK - 26 - SCHEDULE "A" BYLAW NO. 6180 - 2003 Building Permit Fees - Effective January 1, 1999 The following fees shall be paid by the applicant for a Permit to construct a Building or a Pool: BASE FEES For market value of Building or Pool or Construction to be done thereon of up to $1000.00 - $35.00 For market value of Building or Pool or Construction to be done thereon of $1001 .00 - $2000.00 - $43.00 plus: $8.95 for each additional $1000.00 or part thereof up to $25,000.00, plus $8.65 for each additional $1000.00 or part thereof up to $50,000.00, plus $8.10 for each additional $1000.00 or part thereof up to $75,000.00, plus $7.60 for each additional $1 000.00 or part thereof over $100,000.00, plus $6.30 for each additional $1000.00 or part thereof up to infinite. NOTE: Building Values shall be based upon current estimated Construction costs. The current edition of the Marshall Valuation Service, the Marshall and Swift Residential Cost Handbook or other valuation tables may be used by the Chief Building Official to determine the market value for the purpose of assessing Permit fees. OTHER FEES Where an application is made for a Building Permit for other than Single Family Detached Dwellings, there will be an additional fee of $79.00 per dwelling unit. In addition to the above, the following fees shall be paid by the applicant for a Permit pursuant to this Bylaw: Permit to erect a retaining wall - first 20m or portion thereof $53.00 for each additional lOm or portion thereof- $27.00 Permit to install a fireplace, stove or chimney - $30.25 for each fireplace, stove or flue. Permit to install a Dry Chemical Fire Extinguishing System - $30.25 Building Demolition Permit- $30.25 Temporary Building Permit $30.25 Temporary Second Dwelling Permit - $30.25 - 27 - Schedule "A" Effective January 1, 1999 Bylaw No. 6180 -2003 Page (2) 7. Provisional Occupancy Permit - (a) SINGLE FAMILY DWELLING $79.00 (90 day maximum period) $27.00 renewal (90 day maximum period) (b) MULTI FAMILY DWELLING $79.00 per unit (120 day maximum period) $27.00 renewal per unit (60 day maximum) (c) OTHER THAN RESIDENTIAL $79.00 per unit (60 day maximum period) $27.00 renewal per unit (60 day maximum) 8. For Change of Occupancy or use where a Building Permit is not required - $30.25 9. Permit Assignment or Transfer Fee - $30.25 10. Permit Renewal Fee - $30.25 11. Re-inspection Fee where more than I re-inspection is required due to the fault of the holder of a Building Permit - $35.50 for each extra re-inspection required. 12. Address Change If Permit has been issued but no occupancy Permit issued - $105.00 per unit; Permit application in process but Permit not issued - $42.00 per unit Occupancy Permit issued, follow fee schedule in accordance with Maple Ridge House Numbering Bylaw 13. Additional fee for any inspection performed outside the boundaries of the Municipality $.40 per km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route. 14. Miscellaneous and Special Inspections: during normal working hours - $38.50 per hour; outside normal working hours - $55.50 per hour; minimum charge - 1 hour 15. A fee of $2.00 per page, for plans for micro film charge over and above Building Permit. 16. Charges as shown below will be applicable for examination of plans and specifications on application of Building Permit: Plan Check Fee - $42.00 per hour Single or Two Family - minimum $30.25 per unit Other than Single or Two Family - minimum $105.00 per Building - 28 - Schedule "A" Effective January 1, 1999 Bylaw No. 6180 - 2003 Page (3) For each written Building record search, for legal purposes a fee of $79.00 per parcel or file is applicable. Business Licence Inspection Fee - minimum $30.25 per inspection, maximum $121.00 per inspection. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled but in no case shall the penalty amount doubled, exceed $1,600.00 per Building. If the applicant makes an erroneous declaration on the Permit application to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected value. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. A fee of $28.25 for environmental inspection shall be paid for each residential unit with a value in excess of $10,000.00. For each non residential unit a fee of $28.25 per unit shall be paid where the value exceeds $20,000.00. - 29 - SCHEDULE "C" OCCUPANCY PERMIT Address of Building: Legal Description: Approved Occupancy (use): Name of Business, if applicable: The Building constructed under the authority of Building Permit Number: is approved for Occupancy. The septic system for this Building has been approved for bedrooms. This Permit pertains to sq ft of the basement being finished. This Permit number does include or does not include a secondary suite. This Permit confirms that inspections pursuant to the District of Maple Ridge Building Bylaw have been complete and no substantive violation of health or safety requirements have been observed. This Permit is not a warranty that the subject Building complies with all Municipal and Provincial Regulations governing Building Construction nor that it is without defect. It is only a comment on the conditions of the Building at the date of issue only. This certificate shall be affixed to a conspicuous and permanent place in the said Building and shall not be removed. NOTE: A new Permit shall be obtained prior to any change in the use of the Building. Chief Building Official Per: Date: r4 - 30 - SCHEDULE "D" BYLAW NO. 6180 - 2003 Plumbing Permit Fees - Effective January 1,1999 The following fees shall be paid by the applicant for a Permit to install, alter or repair Plumbing: 1. Minimum fee for any Plumbing Permit or inspections - $30.25 2. For Plumbing Construction which involves the installation of fixtures: $16.90 for the first fixture plus $15.25 for each additional fixture For the purpose of this Bylaw, "fixtures" shall include Pools, interceptors, hot water storage tanks, automatic washers, roof drains, floor drains and built-in dishwashers. Where an application is made for a Plumbing Permit for other than single family detached dwellings, there will be an additional fee of $27.00 per dwelling unit. Permit fees for finishing Plumbing only (installation of fixtures where rough-in Plumbing exists) shall be 50% of the above fees. 3. For Plumbing Construction which involves the connection of hydraulic equipment or the installation of vacuum breakers, backflow prevention devices or similar equipment - $22.40 per item connected or installed. 4. For Plumbing Construction which involves the installation of lawn irrigation systems - $36.50 5. For Plumbing Construction which involves the installation of fire sprinkler systems: for up to six (6) sprinkler heads - $38.50 for each additional sprinkler head - $ 0.45 6. For Plumbing Construction which involves the installation of standpipes, Siamese connections, fire hose connections and fire hydrants - $22.40 for each hydrant or hose connection. 7. For Plumbing Construction which involves the installation of storm sewers, perimeter foundation drains, sanitary sewers or water service lines: for single or two-family dwellings - $36.50 each for other than single or two-family dwellings: first 30 metres or part thereof - $43.00 each each additional 30 metres or part thereof - $22.40 each each sump, catchbasin, rock pit, dry well or manhole - $22.40 8. Re-inspection fee where more than 1 re-inspection is required due to the fault of the Permit holder - $35.50 for each extra re-inspection required. 9. Permit assignment or transfer fee - $30.25 10. Permit renewal -$30.25 -31- Schedule "D" Effective January 1,1999 Bylaw No. 6180— 2003 Page (2) 11. Miscellaneous and special inspections: During normal working hours - $38.50 per hour; Outside normal working hours - $55.50 per hour; Minimum Charge - 1 Hour. 12. Charges as shown below will be applicable for examination of plans and specifications on application. Plan Check Fee - $42.00 per hour Single or Two Family Dwellings - minimum $30.25 per unit. Other than Single or Two Family Dwellings - minimum $105.00 per Building. 13. Business Licence Inspection Fee - minimum $30.25 per inspection, maximum $30.25per inspection. 14. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled, but in no case shall the penalty amount doubled, exceed $1,600.00 per Building. 15. If the applicant makes an erroneous declaration on the Permit application to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected information. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. - 32 - SCHEDULE "E" BYLAW NO. 6180 - 2003 Gas Permit Fees - Effective January 1, 1999 The following fees shall be paid by the applicant for a Permit to install or alter gas Construction: 1. For gas Construction which involves the replacement of an appliance or the installation of a new gas appliance. for Single or Multi-Family Dwellings: (i) $24.50 per appliance, $31.50 minimum for other than Single or Multi-Family Dwellings: up to 102,000 BTU/hr $44.00 per appliance 102,001 -409,000 BTU/hr $60.50 per appliance NOTE: Fee for additional appliances are calculated on BTU rating. 2. Where an application is made for a Permit for other than single family detached dwellings, there will be an additional fee of $27.00 per dwelling unit. 3. Gas Heated Buildings - Building heat loss calculation review $53.00 per Single Family Dwelling. $11.00 per unit for Multi Family Use - not less than $53.00 per Building $105.00 per Building for other than Residential. 4. For gas Construction which involves the installation of vents or furnace plenums only - $24.50 each 5. For gas Construction which involves the installation of house piping: (a) for single or two family dwellings - $35.50 per unit (b) for other than single or two family dwellings: first 30 metres or part thereof - $43.00 per unit plus each additional 30 metres or part thereof - $21.50 per unit 6. Re-inspection fee where more than one (1) inspection is required due to faulty workmanship or materials - $35.50 for each extra re-inspection required. 7: P7fR1wl$30:25--------------- 8. Permit Transfer - $30.25 9. Miscellaneous and special inspections: During normal working hours - $38.50 per hour; Outside normal working hours - $55.50 per hour; Minimum charge - I hour. 10. Charges as shown below will be applicable for examination of plans and specifications on application of Gas Permit. Plan Check Fee - $42.00 per hour Single or Two Family Dwellings - minimum $30.25 per unit Other than Single or Two Family Dwellings - minimum $121.00 per Building. - 33 - Schedule "E" Effective January 1,1999 Bylaw No. 6180 - 2003 Page (2) Oil and Propane Fee Schedule would follow the Gas Fee Schedule "E" in its entirety. Business Licence Inspection Fee - minimum $30.25 per inspection, maximum $121.00 per inspection. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled, but in no case shall the penalty amount doubled, exceed $1,600.00 per Building. If the applicant makes an erroneous declaration on the Permit application to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected information. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. - 34 - SCHEDULE "F" BYLAW NO. 6180 - 2003 Electrical Permit Fees - Effective January 1, 1999 The following fees shall be paid by the applicant for a Permit to install Electrical Equipment For one and two Family Dwellings including additions, the Permit fee shall be 15% of the building Permit fee or the minimum electrical Permit fee, which ever is greater. The following additional charges are applicable to one and two family dwelling when the electrical Permit is taken out in conjunction with a building permit: Each hot tub or spa $12.80 Each hydro massage tub bath $10.30 C) Electrical Heating or based on the value $26.00 minimum of electrical heating contract, which ever is greater Air Conditioning $10.30 per unit Each sub panel $10.30 Fees for all other work not included above For market value of Electrical Equipment, including costs of installation, of up to $200.00 - $31.25 For market value of Electrical Equipment, including costs of installation of $201 .00 - $500.00 - $41.00 For market value of Electrical Equipment, including costs of installation of $501 .00 - $1000.00 - $57.50 plus: $21.00 for each additional $1000.00 or part thereof up to $10,000.00 plus $ 8.10 for each additional $1000.00 or part thereof up to $100,000.00 plus $ 6.00 for each additional $1000.00 or part thereof up to $250,000.00 plus $ 4.40 for each additional $1000.00 or part thereof up to $300,000.00 plus $ 3.40 for each additional $1000.00 or part thereof over $300,000.00 to infinite. NOTE: Market values shall be based upon current estimated electrical installation costs. Where an application is made for an Electrical Permit for other than Single Family Detached Dwellings, there will be an additional fee of $27.00 per dwelling unit. In addition to the above, the following fees shall be paid by the applicant for a Permit to install Electrical Equipment. Underground Service Duct - $25.70 3. Temporary: Temporary to permanent connection conversion $23.40 Temporary Service connection $23.40 4. Temporary current Permit for uses other than carnivals: Initial six (6) month period - $31.50 Each additional six (6) month renewal period - $28.25 - 35 - Schedule "F" Effective January 1, 1999 Bylaw No. 6180 - 2003 Page (2) 5. Special Event Permit Including Carnivals: Each Location: $57.00 6. Movie Shoot Permit: up to 14 days $79.00 Annual permits, per location $155.00 Inspections outside normal working hours additional fee $206.00 7. Annual Permit (a) for commercial or industrial facilities: per KVA of service capacity .13 minimum fee $52.00 maximum fee 1,576.00 (b) for educational or institutional facilities - $5.00 for each classroom, shop, laboratory, office, etc. 8. Pool Grounding Permit - $27.00 9. Re-inspection fee where more than one (1) re-inspection is required due to faulty workmanship or materials - $35.50 for each extra re-inspection required. 10. Permit Transfer - $30.25 11. Permit Renewal - $30.25 12. Miscellaneous and special inspections: During normal working hours - $38.50 per hour; Outside normal working hours - $55.50 per hour; Minimum charge - One (1) hour. 13. Charges as shown below will be applicable for examination of plans and specifications on application of electrical Permit. (a) Plan Check Fee - minimum $42.00 per hour (h) Single orTwo Family Dwellings - minimum $30.25 perunit. (c) Other than Single or Two Family Dwellings - minimum $105.00 per Building. 14. Business Licence Inspection Fee - minimum $30.25 per inspection, maximum $121.00 per inspection. 15. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled, but in no case shall the penalty amount doubled, exceed $1,600.00 per Building. 16. If the applicant makes an erroneous declaration of the Permit value to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected value. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. - 36 - j) TO: FROM: SUBJECT £7O-O7 - CORPORATION OF THE DISTRICT OF MAPLE RIDGE Her Worship Mayor Kathy Morse DATE: February 20, 2004 and Members of Council FILE NO: Chief Administrative Officer ATTN: Committee of the Whole Show Home Policy EXECUTIVE SUMMARY: Show Homes have an obvious importance in the marketing and sale of vacant lots in newly created subdivisions. Until recently most municipalities have deferred to the zoning and subdivision bylaws in permitting the number of show homes in a development. These bylaws essentially limit the number of show homes to one per development until the subdivision is completely serviced. A number of municipalities have moved towards policies that provide for a degree of flexibility, allowing more show homes relative to the size of the development. The proposed policy entitled "Show Home Building Application" allows some flexibility in the number of show homes, provided a number of conditions are met. RECOMMENDATION(S): That the policy entitled "Show Home Building Application" be adopted. Background Context: Show homes are an important advertising tool for the sale of vacant lots in approved subdivision. They showcase individual developments to prospective clients. While one show home can indicate the layout and building architecture, more than one can better promote variations and choices in architecture, layout, interior and exterior finishing, and subdivision landscape development. Residential development is competitive across municipalities. Current market demands add to this competitiveness. In response a number of municipalities have implemented policies to permit more show homes in developments, prior to releasing the new subdivision for house construction. Policy Discussion: A number of municipalities were canvassed as to their show home policies and practices. The policy currently used by Surrey best addresses the issue of flexibility while alwaddnessing municipal liability concerns. The Surrey template has been modified to suit Maple Ridge's requirements. The proposed policy would allow: Size of Development Up to 7 lots 8 to 15 lots 16-25 lots 26-39 lots 40 lots or more # of Show Homes Permitted 4 10% This is reflective of discussions with developers in Maple Ridge. qosop t__ (47'-& Liability To protect against liability, the policy identifies a number of criteria that must be addressed prior to permitting the show homes. These include: • The subdivision must be registered in the Land Title Office. This condition ensures that only one building per registered lot will be constructed. • The developer must certify that no occupancy will be permitted until all the servicing is substantially in place. This condition ensures that no one will occupy the house without water, sewer, hydro, and gas in place. The developer must certify and save harmless the District from any loss as a result of fire. IX These conditions have worked well in Surrey developer certifying that the District will be District will not be enjoined in a lawsuit. It should be acknowledged though that the saved harmless does not guarantee that the Desired Outcome: To provide flexibility to allow developments in Maple Ridge to showcase housing product for marketing purposes. Citizen/Customer Implications: Increasing the number of show homes allows prospective buyers to understand and view the choices available and have prospective buyers gain a sense of the new development's setting. Interdepartmental Implications: The Planning, Engineering, Building, and Fire Departments as well as the Municipal Risk manager have reviewed the policy and agree that it is workable. However, the Fire Department has identified a need to be notified where the show home is to be located in order to identify it as a "vacated" building, for fire response service planning. This notification will take place as part of the issuance of the show home permit. Alternatives: The alternative is not to allow an increase in show homes. This does not address the current competitiveness and market demand across municipalities. Financial Implications: The processing of show homes will require additional staff time. This will include the permitting process but also adjustments to the AMANDA system to accommodate the show homes. It is difficult to estimate this additional staff time until the first few applications have been processed. To deal with this a "Conversion Permit" is required ($75.00 fee) for the show home, prior to permitting the sale of the show home as a dwelling. The "Conversion Permit" fee is designed to offset most of the administrative costs. - 2 - CONCLUSIONS: Providing flexibility in the number of show homes appears to make sense. The liability issues have been reviewed by legal counsel and have been addressed. It is recommended that the policy be adopted. Prepared by: P. M. (Pieter) Den Uyl, R.B.O. Manager of Inspection Services Reviewed by: Brock McDonald Director of Licences, Permits and Bylaws X!pe e (< . Approved by:ank Quinn, MBA, P.Eng., PMP fGeneral Manager: Public Works & Development Services Concurrence. J.IL.(Jim)Rule Chief Administrative Officer FQ/PDU:bkg - 3 - POLICY STATEMENT District of Maple Ridge Policy No: Title: Show Home Building Application u Supersedes: Authority: Effective Date: Approval: Policy Statement: A developer/builder may be allowed to build show homes up to a maximum of 10% of the total lots in a specific phase of development or I show home for developments containing I through 7 lots, 2 show homes for developments containing 8 through 15 lots, 3 show homes for developments containing 16 through 25 lots or 4 show homes for developments containing 26 through 39 lots, provided that the subdivision plan of the subject phase of development is registered at Land Title Office. Building permits for show homes will be processed by Inspection Services subject to the following conditions, to be acknowledged by the developer/builder in writing: The developer/builder certifies that all services are to be substantially in place and accepted by the municipal Works Inspector, prior to the release of a "conversion permit" as noted in paragraph "d". The proposed show home lot has continuing and direct access to an existing municipal road capable of supporting emergency vehicles and is located within 90 metres of an operational fire hydrant. The developer/builder shall acknowledge that emergency response services may be hindered for lack of adequate access to the building and access to a complete water main and hydrant system, and he assumes all responsibility for any resulting building loss or damage thereof or bodily injury. The developer/builder shall obtain a valid conversion permit when the show home will be converted to residential dwelling unit status. This permit needs to be finalized and an-Occupancy-Permit-must beissued prior to the sale of the building Purpose: This policy is intended to address current market demand to showcase individual developments to prospective clients. The specific nature of the building architecture with development landscaping provides a gateway snapshot of the future community setting. The expressed ratio for show homes provides the development/building community with a fair approach to showcase or introduce their development. Definition: Show home means a building that reflects to clients the architectural building design and landscape details for a new residential development. CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: Feb.9, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: SUBJECT: Disbursements for the month ended January 31, 2004 EXECUTIVE SUMMARY: Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor, together with the Director of Finance. Council authorizes the vouchers the following period through Council resolution. The disbursement summary for the past period is attached for your information. Expenditure details are available to any Council member for review in the Finance Department. RECOMMENDATION: That the "disbursements as listed below for the month ended January 31, 2004 now be approved" GENERAL $ 4,064,156 PAYROLL $ 815,372 S 4,879.528 DISCUSSION: Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. Citizen/Customer Implications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. Business Plan / Financial Implications: The Cinequipwhite Inc. payment for Art Center stage lighting and draperies includes $58K partial holdback release and the final payment for the draperies. The Emergency Communications payment is for the first quarter of the January to December 2004 year and an inflation adjustment of 4.33% on the 2003 contract. The 2003 contract was for $645K plus inflation. The 2004 contract is for $675K plus inflation. Municipal Pension plan payments cover 4 pay periods, one of which includes the retro pay in 2003. The Receiver General of Canada payments are for 3 pay periods. The payroll total only includes 2 pay periods. 731 d) Policy Implications: Approval of the disbursements by Council is in keeping with corporate governance practice. CONCLUSIONS: The disbursements for the month ended January 31, 2004 have been reviewed and are in order. Prepared by: Bernice Carstensen Accounting Clerk II Approved by: Jacob Director of Finance 41 Approved by: Fil iII, BBA, CGA GM - Corporate & Financial Services Concurrence: J.L. (JiM) Ru'1e - Chief Administrative Officer bc CORPORATION OF THE DISTRICT OF MAPLE RIDGE MONTHLY DISBURSEMENTS - PERIOD 1 2004 VENDOR NAME DESCRIPTION OF PAYMENT AMOUNT 661683 BC Ltd Refund in-trust subdivision servicing funds 20,915 BC Hydro Hydro charges - Jan 67,365 C U P E Local 622 Dues - PD 03/24 & 03/25 19,874 Cherry Homes Ltd. Maintenance: Leisure Center 3,030 Art Center 417 Burnett Street House 118 Fairground 191 Fire Hall #1 209 Fire Hall #3 294 Hammond Comm Center 171 Haney Wharf 214 Harris Road park 266 Hoffman building 871 Maple Ridge Museum 637 Municipal Hall 3,467 PM Fam.Rec Center 292 RCMP 1,451 Rental properties 505 SPCA 620 Water Tank Utility bldg. 6,000 Yennadon Comm.Center 176 Fire Dept call-out 767 RCMP call-outs 216 Renovations: Municipal Hall 4,010 LC Festival Office 3,327 27,249 Cinequipwhite Inc Art Center - Stage lighting & draperies 1121528 Class Software Solutions 2004 maintenance fees 26,335 Logitech QuickCam Pro 567 26,902 Delcan Corporation 232 St. Bridge detail design 33,732 Emergency Communications Dispatch levy - first quarter 185,435 2003 inflation adjustment 27,929 213,364 GrVanc Sewerage & Drainage Jul-Dec'03 DCC Collection 417,567 Waste disposal 1,192 418,759 Greater Vanc Water District Water consumption Nov.5 - Dec.2 147,988 Insignia Homes Ltd 136 Ave. Wet Well progress draw 33,705 - MhüIifi Financial - - -Eimploye6 benefitsT premiums - 56;774 Mar-Tech Underground Services TV inspection of lines 15,471 Medical Services Plan Employee medical & health premiums 17,634 Minister of Provincial Revenue School tax remittance - 4th quarter 2003 529,188 MRTC Civic Limited Partnership Leisure & Youth Center rent - Nov $6,264 Capital 5% replacement fund - Nov $3,999 Leisure & Youth Center rent - Nov $7,804 18,067 MRTC Tower Limited Partnership Library rent - Jan $50,723 Office Tower rent - Jan $32,877 Bike storage rent - Jan $83 Chemical storage rent - Jan $57 Capital 5% replacement fund - Jan $2,357 Capital 5% replacement fund - Feb $2,357 88,454 Disbursements In Excess $15,000 Disbursements Under $15,000 Total'Payee=Disbursernents Payroll PP 04/0 1 & 04/02 Total Period 1, 2004 Disbursements 4,O64 156 815,372 4,879,528 3,425,473 638,683 Pension remittance for employer & employees Park & Recreation newspaper inserts ECRA center - strata fees Dec03 - Feb'04 Maintenance: Leisure Center 19,524 Municipal Hall 13,517 1,705 745 5,388 847 4,961 466 136,423 240,176 185,333 Library PM Family Rec. Center Operation Center RCMP Detachment Won nock Lake Center Yennadon Comm.Center Employer/Employee remittances PP 03/26 Employer/Employee remittances PP 04/01 Employer/Employee remittances PP 04/02 Ice rental Dec Art Center Grant - Jan Art Center Grant - Feb 4th quarter donations Quarterly operating grant, Jan - Mar Rent Monthly contract for recycling Weekly recycling Litter pick-up contract Video system - 207 St. & DTR Lighting installation at Eric Langton School GST Correction 1999-2003 Arts Center rent - Nov Leisure & Youth Center rent - Nov Telephone charges - Dec Gas utility charges - Dec & Jan 2004 fee for service Fitness sessions & corporate fitness Employer/Employee remittances 4th quarter Copier - Parks & Leisure Copier services Municipal Pension Plan Now Times Group Inc Panorama LMS 4011 - Commercial Professional Mechanical Ltd Receiver General For Canada .RG Arenas (Maple Ridge) Ltd. Ridge Meadow Comm Arts Council Ridge Meadows Seniors Society Ridgemeadows Recycling Society S & A Supplies School District No 42 Sunlife Assurance Co Of Canada Telus Terasen Utility Services Tourism Maple Ridge & P.Meadows West Coast Kinesiology Service Workers Compensation Board Bc Xerox Canada Ltd 276,905 33,756 21,825 47,153 561,932 41,835 70,863 35,399 66,420 17,077 43,308 140,222 24,048 48,293 58,850 20,207 47,634 21,777 34,269 34,269 2,325 34,650 749 64,532 225 1,663 40,000 3,308 $77,785 $62,437 19,138 2,639 CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: February 17, 2004 and Members of Council FILE NO: 0320-0 1 FROM: Chief Administrative Officer ATTN: C of W - Corp & Fin SUBJECT: Door-to-door Soliciting EXECUTIVE SUMMARY: To grant permission for door-to-door canvassing for donations as requested in the letter dated February 8, 2004 from the British Columbia and Yukon Division of the Canadian Cancer Society. RECOMMENDATION: That the request of the Canadian Cancer Society for permission to canvass door-to-door during the month of April 2004 be approved. DISCUSSION: Background Context: Pursuant to Section 25 of the Highway & Traffic By-law and Section 532(1) of the Local Government Act, soliciting for donation (door-to-door canvassing, tag days, etc.) must be approved by the Municipal Council by way of a resolution. Citizen/Customer Implications: Door-to-door canvassing and tag days are the means by which non-profit organizations such as the Canadian Cancer Society are able to raise funds for research and promote awareness. CONCLUSIONS: In order to meet the requirements of Maple Ridge Highway and Traffic By-law No. 3136 —1982 and the Local Government Act, Council's approval is required for all requests for soliciting for donation. Prepared by: Diana Dalton Cl rk's Department Approved by: Paul Gill, B.B.A, C.G.A, F.R.M e eral nager: Corporate & Financial Services Concurrence: ,f.L. (Jim) Rule Chief Administrative Officer Attachment 4732. Canadian Société r Cancer canadienne -- Society du cancer FEB 112004 MAYOR AND COUNCIL BRITISH COLUMBIA AND YUKON DIVISION Canadian Cancer Society POMOCO/Ridge Campaign #230 3689 East 1" Avenue Vancouver, BC V5M 1C2 February 8, 2004 Corporation of the District of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6A9 Dear Mayor Morse and Council, The Canadian Cancer Society requests permission from the District of Maple Ridge to conduct their annual door to door fundraising campaign.. This would take place during the entire month of April in daylight hours. Our volunteers will be wearing Canadian Cancer Society identification and issuing official receipts. . Your support would be appreciated again this year in our efforts to raise funds to eradicate cancer and to enhance the quality of life for people living with cancer. If you have any questions or concerns, please contact me at 604-215-5213. Thank you for helping to Make Cancer History. (Mrs.) Linda J. Vermeulen Residential Campaign Coordinator Resolve to reduce your cancer risk this year. Be smoke free. Maintain a healthy body weight with 3010 60 ,ninutes ofphysical activity and 5-10 servings offruit & vegetables each day. Use sunscreen daily. For more information on how to reduce your cancer risk, call 1-888-939-3333 or visit www.bc.cancer.ca Greater Vancouver Region, #230 - 3689 East 1St Avenue, Vancouver, BC V5M 1C2 Telephone: 604-253-8470 FAX: 604-253-8403 CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: Februiry 18, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: COW SUBJECT: Fee for Service Agreement for the provision of Animal Control Services and Shelter Operations EXECUTIVE SUMMARY: Council directed staff to prepare a Fee for Service Agreement with the B.C.S.P.C.A. for the provision of Animal Control Services and Shelter Operations within the District of Maple Ridge. A three (3) year Fee for Service Agreement has been prepared for Council consideration. The Fee for Service Agreement is attached to this report and details the services to be provided on behalf of the District. RECOMMENDATION(S): That the Mayor and Municipal Clerk be authorised to sign and seal the attached "Fee for Service Agreement" with the B.C.S.P.C.A. for the provision of Animal Control Services and Shelter Operations within the District of Maple Ridge. DISCUSSION: Background Context: A Request for Proposals for the provision of animal control and shelter operations was prepared and distributed to interested parties in late 2003. The B.C.S.P.C.A. was selected as the preferred service provider and staff were directed to prepare a Fee for Service Agreement for Council's consideration. The Fee for Service Agreement has incorporated the objectives outlined in the animal services business plan and focuses on service standards in the areas of animal care, animal adoptions, volunteer programs, customer service, staff qualification and training, animal control, emergency response, financial and statistical reporting and shelter operations. The suggested term of the agreement is three (3) years and either party has the ability to terminate the agreement with six (6) months notice. Desired Outcome(s): To ensure that animal control and care services within the District of Maple Ridge meet the service expectations and objectives detailed in the Animal Services Business Plan. Citizen/Customer Implications: The service provider will be expected to provide a level of service acceptable to Council and will be required to provide opportunities for the public to comment on their services. Customers will be encouraged to provide feedback through the implementation of customer feedback forms and the District will be provided with regular reports detailing the comments received and the resolutions reached on any customer complaints. 733 The service provider will be required to establish and operate a comprehensive volunteer program as a means of encouraging citizen participation in the area of animal care and protection. It will be expected that regular volunteer training and recognition programs will be held during the term of the agreement. Interdepartmental Implications: The service provider will liase with the Licensing, Permits and Bylaws Department and will meet regularly to discuss the performance of the service provider and review any areas of concern. Business Plan/Financial Implications: Costs associated to the provision of animal control and care services were approved by Council at the recent business plan and budget deliberations. I) Alternatives: Council may choose to provide in house services for the delivery of animal control and care services. It is anticipated that this method of service delivery will result in increased expenditures over those negotiated in the attached Fee for Service agreement. CONCLUSIONS: Staff are recommending that the attached Fee for Service agreement with the B.C.S.P.C.A. be signed and sealed by the Mayor and Municipal Clerk. 2' Prepared by: Erock McDonald Director, Business Licenses, Permits and Bylaws Approved by: aiill General Manager: Corporate and Financial Services ConcurreI.L. (Jim) Rule Chief Administrative Officer BM/bm SPCA CONTRA CT FOR SER VICES THIS AGREEMENT made the day of 2004 BETWEEN: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a District Municipality under the Municipal Act, R.S.B.C., 1979, Chp. 290 and having its offices at 11995 Haney Place, in the Municipality of Maple Ridge, in the Province of British Columbia, V2X 6A9; (hereinafter called the "District") OF THE FIRST PART THE BRITISH COLUMBIA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, a duly established society under the Society Act, R.S.B.C., 1979, Chp. 390 and having its head office at 1245 East 71h Avenue, Vancouver, in the Province of British Columbia, V5T 1R1 and having a local shelter office at 10235 Industrial Avenue, Maple Ridge; (hereinafter called the "SPCA") OF THE SECOND PART WHEREAS theDitrict ieogtiizes the commitment, excelienceanddedicatiDn of the SPCA; AND WHEREAS, both the District and the SPCA want their relationship formalized in order to assist them in the budgeting and planning of their respective operations; THIS AGREEMENT WITNESSETH in consideration of the premises and of the covenants and agreements of the parties hereto, the parties hereto agree as follows: -1- Definitions 1. In this Agreement, unless the context otherwise requires: "animal control services" means all the work and services required to be performed by the SPCA under this agreement; "bylaws" means the District of Maple Ridge dog licensing and animal control bylaws; and the District of Maple Ridge cat spaying and neutering bylaw "shelter" means the District of Maple Ridge animal shelter presently located at 10235 Industrial Avenue, Maple Ridge; "pound" means the District of Maple Ridge animal shelter located at 10235 Industrial Avenue, Maple Ridge, B.C. Any word or term not otherwise defined has the meaning given to it in the District's animal control bylaw. Scope 2. The scope of the agreement includes but is not limited to seven broad objectives: to ensure public safety with respect to contact with animals. to address all public concerns relating to "nuisance" caused by domestic animals (for the purposes of this agreement "domestic animals" shall include dogs and cats); to ensure the humane treatment of animals within the District; to provide broad ranging and quality public education in order to facilitate the above; to partner with the District in providing quality dog licensing and control services. to implement and maintain a comprehensive volunteer program, including, without limitation, dog walking, dog grooming, adoption assistance, fostering and humane education. to liaise and where feasible, collaborate with other local or regional groups involved in animal welfare. Term 3. The term of this Agreement shall be for three (3) years from January 1, 2004 to December 31, 2006 inclusive. -2- Performance of Services 4. The SPCA shall perform animal control services for the term in accordance with the terms and conditions set out in this agreement. Duties of the SPC'A The SPCA acknowledges that the District has appointed the SPCA as the poundkeeper of the District under the bylaw, and the SPCA agrees to exercise the powers and perform all the duties of the poundkeeper as set out in the bylaw. This includes without limitation the following: to exercise the powers and perform the duties of animal control services as set out in the bylaws; in and for the District at any and all times during the term of this agreement and without limiting the generality of the foregoing to pick up or receive and impound, hold for claim by the owners or attendant in care, and dispose of by adoption or transfer, unlicensed stray dogs and licensed dogs or other domestic animals; to provide food, water, shelter and veterinary care, where appropriate to all animals received at the shelter; enforce all laws and bylaws and regulations in effect from time to time of local, provincial and federal authorities having jurisdiction pertaining to the control of animals; respond, investigate and attend to complaints from the public regarding dogs at large or unlicensed or otherwise in contravention of the bylaw within the agreed response times established between the District and the S.P.C.A. to provide vehicles equipped with two-way radio communication together with a base station, telephone recorder and other in-vehicle equipment as necessary in the performance of animal control services; respond, investigate and attend to any complaint alleging a vicious or dangerous dog running at large, as defined by the bylaw, within the agreed response times established between the District and the S.P.C.A.; maintain regular contact with the Bylaw Enforcement Department and the RCMP in order to maintain a cooperative working relationship that provides seamless delivery of animal control services. This includes the exchange of after hours telephone numbers of local personnel for 24 hour emergency response; responsible for operation of shelter including payment of all operating, and other costs; -3- In Addition The SPCA Will Provide The Following Services: Shelter Operations/Animal Care the shelter will accept all stray or homeless domestic animals all animals at the shelter will be provided on a daily basis with good quality food which meets all the protein requirements and sustenance required to keep the animal in good health. all animals will be monitored daily in relation to the animals medical condition and those animals who appear sick will immediately receive appropriate veterinary care. A certified Animal Health Technician will examine each animal at the shelter a minimum of once per week all animals entering the shelter will be immediately vaccinated with the exception of very young animals and nursing mothers. all animals requiring medical attention beyond the scope of S.P.C.A. staff will be taken to local veterinarians for treatment. all animals at the shelter will be exercised regularly. the euthanasia of animals received by the S.P.C.A. will be restricted to those animals who are terminally ill with no hope of recovery; the animal is aged in the sense that it has lost control of normal faculties; the animal is extremely aggressive and as such poses a danger to the public. Records of all animals euthanized, along with the reason for the procedure, will be submitted to the District of Maple Ridge. Shelter Operations/Adoptions the S.P.C.A. will promote and operate an animal adoption program. The S.P.C.A. will be expected to aggressively promote the adoption program by way of the District of Maple Ridge web site, community service announcement programs, written materials, public event attendance and other effective means. A pre-adoption form approved by the District of Maple Ridge must be completed by all applicants prior to an adoption and all applicants must meet all requirements highlighted on the adoption application. the SPCA will ensure the following measures are carried out for each animal prior to the adoption: - the animal is spayedlneutered - micro - chipping of the animal - tattooing of the animal -4- - literature is provided on proper care and handling for the specific animal species being adopted. - a short checklist on each animal noting any obvious traits is provided to prospective owners. Shelter Operation s/Volu nteer Management the SPCA will establish and operate a volunteer program to operate from the shelter. the S.P.C.A. will designate a staff person to act in the capacity of volunteer manager and this individual will be trained in the area of volunteer coordination and management. volunteer programs including dog walking; dog and cat grooming; shelter maintenance/cleaning including kennels; food preparationlfeeding; foster parents; animal adoptions; office assistants; and others will be available at the shelter. all volunteers will be screened for suitability with the aid of a screening form designed for all volunteer positions. job descriptions/orientation sheets for each volunteer position will be available and will include the duties of the position and the expectations and responsibilities of the S.P.C.A. volunteer recognition programs and events will be held regularly. Shelter Operations/Customer Service/Staff Qualifications all employees at the shelter will provide excellent customer service and the S.P.C.A. will develop a procedure for encouraging customer feedback including the development of customer feedback forms and procedures acceptable to the District of Maple Ridge for the tracking and resolution of customer complaints. Quarterly reports detailing customer complaints/resolutions will be forwarded to the District of Maple Ridge. the S.P.C.A. will maintain a telephone information line to provide after hours information on shelter operating hours, emergency phone numbers, 24 hour vtrrinary service providers, and other relevant information. the S.P.C.A. will provide information to the general public on how to properly care for their animal by way of the municipal web site and written materials available at the shelter and other public facilities all employees working at the shelter will have received training in animal control and welfare from a recognized institutionlprogram and receive on going training as necessary. the S.P.C.A. will ensure all employees at the shelter receive regular performance evaluations. - 5 - Hours of Operation and Staffing 6. The animal shelter will be open to the public from 9:00 a.m. until 6:00 p.m. Monday to Friday and 9:00 a.m. to 5:00 p.m. Saturday and Sunday excluding statutory holidays. SPCA staff will make themselves available for flexible evening hours as needed. Staff will be available to respond to emergencies including dangerous/vicious dogs at large; injured animals; other calls requiring immediate attention 24 hours per day seven days per week. The staff operating from the shelter will include a half time District Manager, a full time shelter supervisor, a full time Animal Protection Officer, a full time Animal Control Officer, 1.5 Animal Control Attendants and a full time receptionist. Fees Collected by the SPCA 7. The SPCA will retain all fees collected at the animal shelter with the exception of the licence fees. The SPCA will retain a commission of 75% of the licences they sell after March 1St annually. Further the SPCA will retain 100% of the late penalty portion of the licence fee on those licences they sell for which a late penalty would apply. Payment 8. Subject to the terms and conditions of this Agreement, and in consideration of the performance of the services set out in Section 5 above, the District shall pay to the SPCA: For the period commencing January 1, 2004 and ending December 31, 2006 the amount of Nineteen Thousand Eight Hundred and Forty Five Dollars ($19,845.00) monthly, payable on the first day of each month. For the period commencing January 1, 2005 and ending December 31, 2005 the amount of Twenty Thousand Four Hundred and Forty One Dollars ($20,441.00), monthly, payable on the first day of each month. For the period commencing January 1, 2006 and ending December 31, 2006 the amount of Twenty One Thousand Fifty Four Dollars ($21,054.00), monthly, payable on the first day of each month. The District of Maple Ridge will provide .65 cents per pound for the incineration of pathological waste as a result of dead animals received by the shelter or animals euthanized at the shelter. Financial Statements 9. The SPCA will provide to the District: a) an annual Business Plan developed by and for the shelter in a form acceptable to the District by June 15, 2004, the first year of this agreement, and by October 31, preceding the business plan year, for each subsequent year, and -6- an annual financial budget for the total shelter/pound operation by June 15, 2004, the first year of this Agreement, and by October 31 preceding the budget year, for each subsequent year; and annual financial statements (with budget and prior year comparisons) no later than 180 days after the fiscal year end of the SPCA. a statement of annual donations submitted to the S.P.C.A. by Maple Ridge residents for use in local animal humane activities. Operating Reports 10. The SPCA will provide monthly and annual operating reports which will contain the following: a) numbers of animals by type: received by the shelter adopted returned to owner transferred to other shelters euthanized picked up dead carried forward complaints on dogs at large other (as outlined in the S.P.C.A. proposal for service provision) b) a breakdown of the numbers in (a) that relate to the pound operation; c) a breakdown of the animals in (a)(v) that were reasonably not adoptable due to health or old age; d) a narrative report on significant issues and events at the shelter for the report period. A representative of the SPCA will make semi annual presentations to the municipal Council on issues relating to animal services within the District including updates on the operation of the shelter, volunteer activities, public comments and other significant issues. An annual written summary will also be provided. -7- Pitt Meadows Cost Sharing Pitt Meadows or other jurisdiction benefiting from the operation of the shelter will be charged a pro-rated share of the applicable costs. In this regard, the District will invoice and the SPCA will pay a prorated share of property taxes, utility fees, applicable local improvement charges and any other maintenance or other charges incurred by the District on the shelter. Should the shelter be exempt from property taxes, an estimate of the municipal portion that would otherwise be payable will be included in the invoice. Insurance The SPCA must obtain and maintain in force for the term: Comprehensive General Liability Insurance coverage in the amount of Five Million Dollars ($5,000,000.00) for each occurrence for bodily injury, death or property damage on an all risk occurrence basis. The said coverage must include coverage for all SPCA volunteers. The SPCA agrees to obtain and maintain during the term of this Agreement, in the name of the SPCA, at the SPCA's expense, insurance on all the SPCA's equipment, including motor vehicles, sufficient to replace the equipment as well as liability and collision insurance in an amount acceptable to the District. The SPCA will name the District as an additional insured on all insurance policies and the insurance shall contain a provision that the insurance shall apply as though a separate policy has been issued to each named insured. If the SPCA fails to obtain the required insurance, the District may obtain and maintain such insurance policies in the name of the SPCA and the SPCA hereby appoints the District as its true and lawful attorney to do all things necessary for the purpose. All moneys expended by the District for insurance under this section must be paid by the SPCA upon invoice from the District. Each policy of insurance mentioned above, must provide that it cannot be cancelled, lapsed or materially altered without at least thirty (30) days notice in writing to the District by registered mail. The District will require the SPCA to handle any claims made against the SPCA and make full compensation for any injury or damage done to or sustained by the District or any person or persons or any building or thing or any other property whatsoever and settle all claims in respect thereof and indemnify, protect and save harmless the District from and against all claims, demands, suits or actions of every kind, description and nature whatsoever arising out of or in any connection with the fulfilment of the contract including costs incurred by the District for defence of any such claims and in respect of anything done, suffered or omitted in the execution of or in connection with the contract. f) The SPCA agrees to provide to the District proof of the above mentioned insurance before commencing any work under this Agreement. General Provisions This Agreement shall not be assigned in whole or in part by the SPCA, without the prior written consent of the District and any assignment made without that consent is void and of no effect. This is an Agreement for the performance of services and the SPCA is engaged under the Agreement as an independent contractor for the sole purpose of providing the services. Neither the SPCA nor any of the SPCA's members are engaged under this Contract as an employee, servant or agent of the District. The SPCA agrees to be solely responsible for any and all payments and deductions required to be made by law including those required for Canada or Quebec Pension Plans, Unemployment Insurance, Worker's Compensation, Goods and Services Tax or Income Tax. The SPCA shall not represent itself to be nor in any way hold itself out to be an employee or agent of the District. This agreement may not be amended nor modified nor shall any of its terms and conditions be waived except by subsequent agreement in writing executed by both parties. Any notice, request, direction or other communication desired or required to be given or made hereunder by either party shall be given or made in writing and may be served on the District or the SPCA by registered mail to the District or to the SPCA at the address shown on page 1 of this contract, respectively, and any notice, request, direction or other communication so given or made shall be deemed to have been effectively given if served personally, on the day it is delivered; and if forwarded by registered mail, when the postal receipt is acknowledged by the other party. 19 This agreement constitutes the entire agreement between the parties with respect to the subject matter of the contract and supersedes all previous negotiations, communications and other agreements relating to it unless they are incorporated by reference herein. The S.P.C.A. acknowledges that the buildings situate on the property at 10235 Industrial Avenue forms part of the lands and premises, the registered owner of which is the District The S.P.C.A. agrees that the District may inspect, review, possess or copy records created, received, andlor acquired that are directly related to the provision of animal control services as set out in this agreement. -9- Termination This agreement may be terminated by either party only upon the breach of a fundamental term of this agreement and once ninety (90) days notice is provided to the other party. The District shall pay the SPCA for the services satisfactorily performed to the termination date. This agreement may be terminated by either party without cause once six months notice is provided to the other party. The District shall pay the SPCA for services satisfactorily performed to the termination date. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. The Corporate Seal of THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of c/s MAYOR CLERK The authorized signatory for BRITISH COLUMBIA SOCIETY FOR PREVENTION OF CRUELTY to ANIMALS signed this agreement in the presence of: Witness' Name Authorized Signatory Address Authorized Signatory Occupation - 10 - CORPORATION OF THE DISTRICT OF MAPLE RIDGE TO: Her Worship Mayor Kathy Morse DATE: March 3, 2004 and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: Council Workshop SUBJECT: Elector Approval of the Downtown Core Loan Authorization Bylaw EXECUTIVE SUMMARY: At a meeting on November 4, 2003, Council directed that information on the process required to obtain the approval of electors for the loan authorization bylaw resulting from the negotiations for the Downtown Core Project be prepared. This report provides information regarding the two approval processes available to Council. RECOMMENDATION: This report is prepared for information only. DISCUSSION: a) Background Context: In July 2002 the Court of Appeal ruled that the downtown core agreements were invalid. District of Maple Ridge negotiators have been working with the Developer to prepare a mutually agreeable business transaction that resolves the court decision. It is anticipated that this transaction will involve a long term financial commitment by the District. According to Section 179 (see attached) of the Community Charter, Council may, by a loan authorization bylaw adopted with the approval of the Inspector of Municipalities, incur a liability for long term borrowing. The bylaw must set out the following: the total amount to be borrowed the purpose for the borrowing the maximum term The City of Quesnel will soon be seeking elector approval for a loan authorization bylaw to borrow $8M to purchase a new City Hall complex. A copy of their bylaw is attached to provide an example of a loan authorization bylaw. ApprovaFoftheElectors According to Section 180 (see attached) of the Community Charter, if the commitment is longer than five years, the loan authorization bylaw authorizing this commitment must be approved by the electors prior to adoption of the bylaw. Section 84 (see attached) of the Community Charter offers two processes for elector approval: assent of the electors (Section 85 (see attached) of the Community charter) approval by alternative approval process (Section 86 (see attached) of the Community Charter) 1/oc2/ Assent of the Electors The process of assent is very similar to that of a Local Government election with advance voting opportunities and a general voting day with polling stations set up in convenient public locations. The electronic voting machines used in the 2002 election would be used to collect and tabulate the votes. According to Section 85 assent is obtained only if a majority of the votes counted as valid are in favour of the bylaw. The process of obtaining the assent of the electors is governed by Part 4 of the Local Government Act (see attached copy) and requires that the voting be conducted in the same manner as an election. Part 4 addresses the following: provision for resident and non-resident property electors, including same day registration choice of voting day requirements regarding the notice of voting requirements regarding the ballot question appointment of scrutineers Alternative Approval Process This process was formerly called a counter petition opportunity in the Local Government Act. Now, according to Section 86 of the Community Charter, approval of the electors by the alternative approval process is obtained if, at the end of the time for receiving elector responses indicating that Council may not proceed with the bylaw, the number of elector responses received is less than 10% of the number of electors. Since the number of electors in the 2002 election was 34,177, the number of elector responses obtained must be less than 3417 to achieve approval. Section 86 outlines -necessary procedures and provides for the following: determination of the total number of electors preparation and posting of the notice preparation and distribution of the response forms collection of response forms determination whether elector approval has been obtained b) Business Plan/Financial Implications: If Council chooses the assent process, costs involved will be similar to the last election. The 2002 election expenses were approximately $50,000 and the breakdown of those expenses was as follows: Supplies $8,417 Advertising . . 3,493- ..- ........ Contract Labour 37,851 49,761 If Council chooses to obtain approval through the alternative approval process, the costs would be significantly reduced. Estimated cost for this process is: Supplies $500 Advertising (4 ads) 1,200 Staff (1 person, 5 days @ $180 per day) 900 2,6OO Funding for either process is included in core related expenses. Further monies are budgeted for communications to ensure that the electors fully understand the loan authorization bylaw. CONCLUSIONS: Considering the nature of the anticipated loan authorization bylaw, approval of the electors must be obtained. This approval can be obtained by either assent or an alternative approval process. According to the Community Charter, both processes are equally valid. Obtaining the assent of the electors is similar to an election and is therefore more costly, time consuming and involves a greater level of commitment from staff and election officials than the alternative approval process. Prepared by: Ceri Mario, Confidential ecretary Prepared by: (çvi Frye/t Eng. Approved by. A& Gill, B.B.A., C.G.A., F.R.M. GeneraIJ1anager: Corporate & Financial Services Concurrence./ 1. L. (Jim) Rule / Chief Administrative Officer iHpst Document Page 1 of2 Loan authorization bylaws for long term borrowing 179 (1) A council may, by a loan authorization bylaw adopted with the approval of the inspector, incur a liability by borrowing for one or more of the following: (a) any purpose of a capital nature; (b) lending to any person or public authority under an agreement; (c) guaranteeing repayment of the borrowing, or providing security for the borrowing, of a person or public authority, if this is provided under an agreement with the person or public authority; (d) complying with an order or requirement to pay money into the Supreme Court as security for payment of a judgment or other debt, for damages or costs, or for the costs of an appeal from the decision of a court or an arbitrator; (e) satisfying a judgment or other order of a court against the municipality; (f) satisfiing an award resulting from an arbitrator's determination of liability or quantum of damages againstthe municipality, including orders of the arbitrator related to that determination; (g) paying compensation in respect of property expropriated or injured or carrying out works referred to in section 32 (3) [entry on land to mitigate damage]. (2) A loan authorization bylaw ,must set out the following: the total amount proposed to be borrowed under the bylaw; in brief and general terms, each of the purposes for which the debt is to be incurred; the amount allocated by the bylaw to each of the purposes for which the debt is to be incurred; the maximum term for which the debentures may be issued. (3) A loan authorization bylaw may not be included as part of a general bylaw. (4) The authority to borrow under a loan authorization bylaw ends, (a) in the case of a loan authorization bylaw under subsection (1) (b) or (c), at the end of the term of the agreement required by that subsection, and http ://councilviews. icompasscanada.comlcontentengine/document.asp?id 11605 3/4/2004 iHpst Document Page 2 of 2 (b) in other cases, 5 years from the date of adoption of the bylaw, for any part of the amount authorized by the bylaw that has not already been used to secure borrowing under section 181 [temporary borrowing under loan authorization bylaw] or 182 [municipal Jinancing through regional district]. (5) The maximum term of a debt that may be authorized by a loan authorization bylaw is as follows: (a) in the case of a bylaw under subsection (1) (a), the lesser of 30 years, and the reasonable life expectancy of the capital asset for which the debt is contracted; (b) in the case of a loan authorization bylaw under subsection (1) (b) or (c), the remaining term of the applicable agreement; (c) in all other cases, 30 years. (6) A decision of the inspector refusing to approve a loan authorization bylaw may be appealed in accordance with section 1024 [appealfrom inspector's decisions in relation to borrowing] of the Local Government Act. Elector approval required for some loan authorization bylaws 180 (1) Subject to subsection (2), a loan authorization bylaw may only be adopted with the approval of the electors. (2) Approval of the electors is not required for the following: money borrowed for a purpose referred to in section 179 (1) (d) to (g) [loan authorization bylaws for court, arbitration and expropriation requirements]; money borrowed for works required to be carried out under an order of the Inspector of Dikes, an order under sectiOn 32 cf-the -Waste Ma-n-age-me-nt -A-ct or -an order of the mini-ste-rre-sponsi-bie or the Lieutenant Governor in Council under the Environment Management Act; money borrowed for a purpose prescribed by regulation or in circumstances prescribed by regulation, subject to any conditions established by regulation. (3) In addition to the exception provided by section 137 (2) [power to amend or repeal], a loan authorization bylaw may be amended or repealed without the approval of the electors if the inspector approves and subject to any terms and conditions the inspector considers appropriate. http ://councilviews.icompasscanada.comlcontentengine/document.asp?id 11605 - 3/4/2004 CITY OF QUESNEL BYLAW NO. 1570 A Bylaw to authorize the borrowing of funds required to purchase the new City Hall complex (building, parking lots and green space) at Kinchant/St. Laurent Avenues WHEREAS the Council of the City of Quesnel has deemed it expedient to purchase the land and improvements located at Kinchant/St. Laurent Avenues and legally described as Lots I and 2, Plan 29057, and Lots 14, 15 and 16, Block 33, Plan 17000, all in City of Quesnel (herein described as the "Joim Ernst Building complex"); AND WHEREAS the registered owner of the John Ernst Building complex is currently On-Line Finance & Leasing Corporation, with the City of Quesnel having a registered lease and option to purchase; AND WHEREAS there remains the sum of $8,000,383.42 due and payable by the City to On-Line Finance & Leasing CorporationlMunicipal Finance Authority, and for Federal tax (GST), as of the 151h day of January, 2004, which outstanding sum upon successful adoption of this Bylaw may be reduced by payment from the City's reserve funds, upon completion of the 2004 budget process and Council approval of same; AND WHEREAS pursuant to Section 179 and 180 of the Community Charter, the assent of the electors is required prior to authorization of this loan, and such approval was obtained, pursuant to Section 86 of the Community Charter, through the alternative approval process as authorized by Council; NOW THEREFORE the Council in open meeting assembled enacts as follows: This bylaw may be cited for all purposes as "John Ernst Building Complex Loan Authorization Bylaw No. 1570 of 2004". The Council of the City of Quesnel is hereby empowered and authorized to undertake and carry out or cause to be carried out, the payment of the outstanding debt owing on the lease with On-Line Finance & Leasing Corporation and its parent body, Municipal Finance Authority, and.to borrow upon the credit.of the City a sum not exceeding Eight million ($8,000,000) dollars; The Council of the City, through the Mayor and Corporate Administrator, are further empowered and authorized to complete such documents and to do all things necessary in connection with such borrowing. PAGE TWO OF LOAN AUTHORIZATION BYLAW NO. 1570 The estimated life expectancy of the improvements within the John Ernst Building Complex is a further sixty (60) years, and the maximum term for which debentures may be issued to secure such debt created by this Bylaw is twenty-five (25) years. The report accompanying this Bylaw is available on request to the public and will be maintained with the records of this Bylaw. READ A FIRST TIME this 2nd 'day of February, 2004 READ A SECOND TIME this 2 d day of February, 2004 READ A THIRD TIME this 2' day of February, 2004 APPROVED by the Inspector of Municipalities this day of REQUIRED ADVERTISING for the electors' alternative approval process occurred on and 2004 FINALLY ADOPTED this MAYOR CORPORATE ADMINISTRATOR CERTIFIED A TRUE COPY OF BYLAW NO. 1570 AS AT THIRD READING PASSED THIS 2ND DAY OF FEBRUARY, 2004 WITNESS my hand this 4th day of February, 2004 Maureen Murray, Deputy Clerk CITY OF QUESNEL iHost Document Page 1 of 3 Approval of the electors 84 If approval of the electors is required by or under this Act or the Local Government Act in relation to a proposed bylaw, agreement or other matter, that approval may be obtained either by assent of the electors in accordance with section 85, or approval of the electors by alternative approval process in accordance with section 86. Assent of the electors 85 (1) If assent of the electors is required or authorized by or under this Act or the Local Government Act in relation to a proposed bylaw, agreement or other matter, that assent is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question. (2) Part 4 [Other Voting] of the Local Government Act applies to obtaining the assent of the electors. Alternative approval process 86 (1) Approval of the electors by alternative approval process under this section is obtained if (a) notice of the approval process is published in accordance with subsection (2), (b) through elector response forms established under subsection (3), electors are provided with an opportunity to indicate that council may not proceed with the bylaw, agreement or other matter unless it is approved by assent of the electors, and (c) at the end of the time for receiving elector responses, as established under subsection (3), the number of elector responses received is less than 10% of the number of electors of the area to which the approval process applies. (2) Notice of an alternative approval process must be published in accordance with section 94 [public notice] and must include the following: Ea a..generaldescr-ipt-ion-of the-proposed .bylaw,.agreement orMther. matter .to which the. approval .process. - - - relates; (b) a description of the area to which the approval process applies; (c) the deadline for elector responses in relation to the approval process; (d) a statement that the council may proceed with the matter unless, by the deadline, at least 10% of the electors of the area indicate that the council must obtain the assent of the electors before proceeding; (e) a statement that http ://councilviews.icompasscanada.comlcontefltengifle/dOcUment. asp?id= 11605 3/4/2004 iHost Document Page 2 of 3 elector responses must be given in the form established by the council, elector response forms are available at the municipal hall, and the only persons entitled to sign the forms are the electors of the area to which the approval process applies; the number of elector responses required to prevent the council from proceeding yvithout the assent of the electors, determined in accordance with subsection (3); other information required by regulation to be included. (3) For each alternative approval process, the council must (a) establish the deadline for receiving elector responses, which must be at least 30 days after the second publication of the notice under subsection (2), (b) establish elector response forms, which may be designed to allow for only a single elector response on each form or for multiple elector responses, and must be available to the public at the municipal hall from the time of first publication until the deadline, and (c) make a fair determination of the total number of electors of the area to which the approval process. applies. (4) The council must make available to the public, on request, a report respecting the basis on which the determination under subsection (3) (c) was made. (5) For the purposes of this section, the electors of the area to which an alternative approval process applies are the persons who would meet the qualifications referred to in section 161 (1 ) (a) [who may vote at other voting] of the Local Government Act if assent of the electors were sought in respect of the matter; - - (6) Elector responses may be made on an elector response form obtained under subsection (3) or on an accurate copy of the form. (7) For an elector's response to be considered for the purposes of this section, the elector must (a) sign an elector response form that includes (i) the person's full name and residential address, and http ://councilviews .icompasscanada.comlcontentengine/document.asp?id 11605 3/4/2004 Most Document Page 3 of 3 (ii) if applicable, the address of the property in relation to which the person is entitled to register as a non-resident property elector, and (b) submit the elector response form to the corporate officer before the deadline established for the alternative approval process. After the deadline for an alternative approval process has passed, the corporate officer must determine and certify, on the basis of the elector response forms received before that deadline, whether elector approval in accordance with this section has been obtained. A determination under subsection (8) is final and conclusive. A person must not sign more than one elector response form in relation to the same alternative approval process, and a person who is not an elector for the area of the approval process must not sign an elector response form. http ://councilviews. icompasscanada.comlcontentengine/document. asp?id= 11605 3/4/2004 Most Document Page 1 of 11 PART 4- OTHER VOTING 2003-52-180, effective January 1, 2004 [B.C. Reg. 465/2003; istc'rc'j P..'isi..on....1..Jnte..rpretat.on Definitions 01hervo...11g.. tobeconduc.edin,..$a..m.e mannera.anelection Division 2 - Assent of the Electors How assent is obtained .Repeall Divis10...-O..erVotingYro.cccd.jngs 161.WI.o .iay.yotc.a....t.ther...,oting 162. General voting day for other voting 163..Arran.gemen4s....fo,i..o.tb,er....v.o.ting 164.N.o.tic.e.of.othc.r....yoting 165..Ba!ots (0r .o.the,,r...yotj.g11.111- When counting for other voting is to be done Specja.pro.ccd.u.rs....i.f...voting.Is....c.o..ndu.etedby....nintciba..aone inns..dkt.on .0th..gene.zaI....matte.r.... . Division 4 - Scrutineers 169.ScrUt .i.neers...for,.o..th.er ysiing Notice of applications to volunteer as a scrutineer Applications to volunteer to act as scrutineer for other voting 172.A pppjntm.e.it .QL5..criltul..c.crsio....o.flicr .yoting Division 5 - Repealed 2000-7-10, effective August 30, 2000, [B.C. Reg. 241/2000]. Division 1 - Interpretation 157. Definitions 157. The definitions in Part 3 apply to this Part and, in addition, in this Part: "other voting" means voting on a matter referred to in cioi. "voting area" means the area for which the other voting is to be conducted. http ://councilviews .icompasscanada.comlcontentengine/document.asp?id=7 146 3/4/2004 Most Document Page 2 of 11 158. Other voting to be conducted in same manner as an election 158. (1) This Part applies to the following: voting on a bylaw or other matter for which the assent of the electors is required; voting on a bylaw or other matter for which thelocal government is authorized by this or another Act to obtain the....ass.cnt, oLth.ekc..to.s, unless otherwise provided by the authorizing enactment; voting on a referendum under 797.3 /re/èrendums regarding regional district services]. Except as otherwise provided, Part 3 applies to voting referred to in sub-section (1) as if the other voting for the voting area were an election for a jurisdiction and, for certainty, Division 17 of that Part regarding offences applies to other voting. For the purposes of applying section 152.1 [prohibition against certain election advertising on general voting day] to voting referred to in subsection (1), advertising is deemed to be election advertising if it is used to promote or oppose, directly or indirectly, a particular outcome in the vote. [1998-34-34, effective September 23, 1998 (B.C. Reg. 311/98); am. 1999-37-44]; 2000-7-11, effective August 30, 2000, [B.C. Reg. 241/2000]; 2003-52-18 1, effective January 1, 2004 [B.C. Reg. 465/2003; Division 2 - Assent of the Electors 159. How assent is obtained 159. (1) Unless otherwise provided in this Act, the assentqf.theicctors_to a bylaw or other matter is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question. If a bylaw that requires the ass ntof the electors does not receive that assent, a bylaw for the same purpose may not be submitted to theelectors within a period of 6 months from the last submission except with the minister's approval. A bylaw that requires the assent of the electors may be amended or repealed without th e assent of the electors if the minister approves. 1998-34-35, effective September 23, 1998 (B.C. Reg. 311/98); 2003-52-182, effective January 1, 2004 [B.C. Reg. 465/2003; 160. Repealed http ://councilviews . icompasscanada. comlcontentengine/document.asp?id7 146 3/4/2004 iHost Document Page 3 of 11 2003-52-183, effective January 1, 2004 [B.C. Reg. 465/2003; Division 3 - Other Voting Proceedings 161. Who may vote at other voting 161. (1) In order to vote at other voting, a person must meet both the following requirements: the person must meet the qualifications of section 50 as a resident elector, or section 51 as a non-resident property elector, in relation to the voting area for which the other voting is to be conducted; the person must beigiIereiin accordance with subsection (2). (2) To vote in other voting a person must be registered, on or before the date established under subsection (5) (a) if applicable, as anelector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or register immediately before voting, as anelector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or as anelector for the purposes of the other voting only. (3) A person may vote only once on a question submitted for other voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more thanone voting area. (4) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting being conducted at that time. (5) If geral voting day for other voting is not general voting day for an election for a jurisdiction in which the other voting is to be conducted and advance registration for the jurisdiction is available under section 56 the chief election officer must establish for the jurisdiction a date after which registration as anelector of the jurisdiction will not entitle the person to vote at the other voting andthe persoh must instead egistrunder subsection (2) (b)in order to vote, and sections 62 (3), (6) and 7), 64 and €5 do not apply to the jurisdiction in relation to the otherjijn. (6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election offiç must give notice in accordance with section 44 of how a person may register in advance, and the date after which advance registration will not apply for the purposes of the other voting. http://councilviews.icompasscanada.comlcontentengine/dOcument.asP?id7 146 3/4/2004 Most Document Page 4 of 11 162. General voting day for other voting 41 162. (1) An authority in or under this or any other Act for the Lieutenant Governor in Council, a minister or theinspector to require a bylaw or other matter to be submitted for the assent of the c1cctQrsincludes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday. (2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for other voting to be on a Saturday in accordance with the following: in the case of a bylaw that is directed by the Lieutenant Governor in Council, a minister or the inspector to be submitted for the assent of the electors, not more than 80 days after the date of the direction; in the case of a bylaw or other matter for which an alternative approval process was provided, not more than 80 days after the deadline for receiving elector responses under section 86 [alternative approval process] of the CommuniV Charter; subject to paragraph (b), in the case of a bylaw requiring the approval of the Lieutenant Governor in Council, the inspector or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval; in the case of other bylaws, not more than 80 days after the day the bylaw receives third reading; in the case of another matter, not more than 80 days after adoption of the authorizing bylaw or resolution. [am. 1999-37-45 (B.C. Reg 301/99)]; 2003-52-183, effective January 1, 2004 [B.C. Reg. 465/2003; 163. Arrangements for other voting 163. (1) In order for a bylaw under this Part or a bylaw referred to in section 39 to apply in relation to other voting, the bylaw must be adopted at least 6 weeks before general voting day for the other voting. - - -(2) .Uniess.subsection(3) .or-(4) applies, -voti.n.g.opportunities.for.the other voting are those established by or under Part 3 for the other voting. (3) Voting oppàrtunities in the voting area must be the same as for an election for a jurisdiction if general voting day for the other voting is the same as general voting day for the dtLQfl, a vjngarea for the other voting is all or part of the jurisdiction, and the jurisdiction is responsible for conducting the other voting. (4) As an exception to section 97 (2) (b) for a voting area with apopulation of more than 5 000, a regional district board may, by bylaw, limit advance voting opportunities to the http ://councilviews.icompasscanada.comlcontentengine/document. asp?id=7 146 3/4/2004 Most Document . Page 5 of 11 rquired advance voting opportunity under section 97 X2 if all the following circumstances apply to the other voting: mail ballot voting is available under sectioniQQi3L(b); the area specified for the purposes of, section 100 (3) (k) includes all of the voting area for the other voting; the yoting area is part but not all of an e.Jcc.o.r.a!area gnrai voting day for the other voting is not the same as general voting day for an election in the jurisdiction. 164. Notice of other voting 164. (1) In place of a notice of election under section 77, at least 6 but not more than 30 days before general voting day for other voting, the chief election officer must issue a notice of other voting under this section in accordance with section 44. (2) In addition to subsection (1), throughout the period between the 30th day before general voting, day and general voting day, the notice of çthcr voting must be available for public inspection in thej caigQynment offices, during their regular office hours, of each jurisdiction in which the other voting is to be conducted, and may be made available at other locations and times as the chief election ffic considers appropriate. (3) A notice of voting must include the following information: (a) the question that is to be voted on; (b)theyctingara; . the qualifications required to be met in order to vote as anelector for the other the date of general vQthigdy, the voting places established under section 95 for that day and the voting hours for those places; (d. 1) the documents that will be required in order for a person to register as an elector at the time of voting; (d.2) the place where persons may apply on general voting day. for non-resident property elector certificates required in order to register at the time of voting; if applicable, information required to be included under section 103 (5) regarding municipal voting divisions. (4) If the othrvoting is on a bylaw submitted for the....assent ...th..ee1ectQror is authorized by a bylaw, the notice of voting must also include the following: either a copy of the bylaw or, if approved by the 1ocajgyrnrnnit, a synopsis of the bylaw in accordance with subsection (5); if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw; . the dates, times and places at which the bylaw may be inspected. http ://councilviews.icompasscanada.comlcontentengine/dodument.asp?id7 146 3/4/2004 iH.ost Document Page 6 of 11 (5) A synopsis under subsection (4) (a) must include in general terms, the intent of the bylaw, the area that is the subject of the bylaw, and if applicable, the amount of the borrowing authorized by the bylaw. (6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors at the locLgcyment offic., during their regular office hours, of each jurisdiction in which the other voting is to be conducted, and at each place where voting is conducted. (7) The notice of voting may also include any other information the chief election officer considers appropriate. 2000-7-12 165. Ballots for other voting 165. (1) A ballot for other voting must indicate the appropriate mark to make a valid vote indicating assent or dissent, and be in a question form to which theelector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No". (2) Unless otherwise provided by or under this or another Act, separate ballots must be prepared for each question that is to be voted on. 166. When counting for other voting is to be done 166. (1) As an exception to section 123, the counting of the vote for other voting may be held ata later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the other voting results under section 136. (2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the baliotsare sealed- in ba-l=iot- boxe-s -inac-cord-ance - with section i-i-i and -are delivered to the chief election officer with the materials referred to in section 133. 167. Special procedures if voting is conducted by more than one jurisdiction 167. (1) This section applies to other voting on a regional district bylaw or other regional district matter that is to be conducted by more than one l ocal (2) The regional districl board must, by bylaw, establish the question to be used for all the voting, and if applicable, set the date for the required advance voting day under section 97 (2) http ://councilviews .icompasscanada.comlcontentengine/document. asp?id=7 146 3/4/2004 iHst Document Page 7 of 11 Q) for all voting areas other than a voting area referred to in sec tion_1€3(3) or (4). (3) Except for a voting area referred to in section I(3), the bylaws under sections 96, 9 and 99 of alocal government other than the regional district board do not apply and, instead, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the other voting. (4) The regional district board must appoint a regional voting officer for the other voting, and a deputy regional voting officer for the other voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer. (5) The regional voting officer has the following duties and powers: to arrange for the coordination of the proceedings throughout the regional district; to set the general vQjjag _A4yfor all voting throughout the regional district; to arrange for the preparation of the ballots for the voting; to direct the chief election offi for the local governments regarding the form and manner of notices that are required or authorized by this Act regarding the voting; to make the final determination and declaration of other voting results under sections 135 and 136 based on the results determined by the chief election officers of the local governments; to appoint the scrutineers for the final determination of other voting results and any judicial recount in accordance with section 172 (4) and (i); to apply to the minister for an order under section 155. (6) If there is a conflict between this section or an authority under this section and another provision of this Act or an authority under this Act, this section or the authority under it prevails. - 168. Other general matters 168. (1) Notices under this Part may be combined with notices under Part 3, as it applies to - - -. - - electionsortoother_voting,as longas the ------------------- Section 149, requiring the publication of election results in the Gazette, does not apply to other voting. Regulations under section 156, as it applies to other voting, may be different for different types of other voting. Division 4 - Scrutineers 169. Scrutineers for other voting http ://councilviews .icompasscanada.comlcontentengine/document.asp?id7 146 3/4/2004 Most Document Page 8 of 11 169. (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under s.ection17.2. if applications in accordance with s cc..tio n....17..1. are received from persons who wish to volunteer for the positions. Only persons entitled to vote aselectors in the other voting are entitled to act as scrutineers for the other voting, but election officials must not be appointed as scrutineers for the other voting. Unless a bylaw under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part 3 to be present. Alocal government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw. As a limit on the authority under subsection (4), a bylaw under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question. The absence of a scrutineer from a place where proceedings for other voting are being conducted does not invalidate anything done in relation to the other voting. 170. Notice of applications to volunteer as a scrutineer 170. (1) Not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 44. (2) The notice must include the following information: the question that is to be voted on; the dates, times and places at which applications for scrutineers will be received; how interested persons can obtain information on the requirements and procedures for making an application. (3) The notice may include any other information the chief election officer considers appropriate. (4) In addition to subsection (1), from the sixth day before the application period begins until the close of the application period, the notice must be available for public inspection in the local gyrnrnnt offices, during their regular office hours, of each jurisdiction in which the other voting is being conducted. 2000-7-13 171. Applications to volunteer to act as scrutineer for other voting http ://councilviews.icompasscanada.com/contentengine/documeflt.asp?id7 146 3/4/2004 Most Document . Page 9 of 11 P;T I 171. (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first ygQppi. (1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications may be established under subsection (1), and if it is not established under subsection (1), is the nomination period referred to in section 69. (2) An application to act as a scrutineer for other voting must be signed by the applicant and contain the following information: the full name of the person applying; the address to which the person applying wishes to have notices sent; if required by the chief election officer, a telephone number at which the person applying may be contacted; a statement that the applicant is entitled to vote as anelector in the other voting and is entitled to act as a scrutineer for the other voting; a statement as to whether the applicant is in favour of the question or opposed to the question; any other information required to be included by a regulation under subsection (4). (3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer. for this purpose, before the end of the application period under subsection (1). (4) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section. [am. 1999-37-46 (B.C. Reg 301/99)]; 2000-7-14 172 Appointment of scrutineers for other voting 172. (1) The chief election officer must on the basis of the applications received in accordance with section 171, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and assign scrutineers to each place at which scrutineers are entitled to be present under Part 3. (2) If the number of applicants on one side of the question is fewer than the maximum allowed under sctiQiii,.5, http ://councilviews.icompasscanada.comlcontentengine/documeflt.asp?id7 146 3/4/2004 iHost Document Page 10 of 11 all these applicants must be appointed as scrutineers in accordance with subsection (1), and a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this. (3) If there are more applicants on one side of the question than the maximum allowed under section 169, the following rules apply the scrutineers for that side must be determined by lot in accordance with the procedure used in section 107 (4) (a) to (; the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present; names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed; the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1); in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers. (4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 135 of the other voting and at any judicial recount of the other voting. (5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following: the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment; if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3). (6) A scrutineer appointment must (a) be made in writing, (h) state the name and address of the person appointed, state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and be signed by the chief election officer. Division 5— Repealed I[istor 1 2003-52-186, effective January 1, 2004 [B.C. Reg. 465/2003; http ://councilviews. icompasscanada.comlcontentengine/document.asp?id7 146 3/4/2004 Elector Approval of the Downtown Core Loan Authorization Bylaw Loan Authorization Bylaw • describes the purpose of the borrowing • sets out the amount to be borrowed • sets out the term of borrowing • if the term is greater than 5 years, must have the approval of the electors Approval of the Electors Achieved by either: assent of the electors alternative approval process 1 Assent of Electors • similar to an election • includes resident and non-resident property electors • resident elector must be a Canadian citizen be 18 years of age have lived in BC for 6 months, and have lived in Maple Ridge for 30 days Assent of Electors cont'd • non-resident property elector must: be a Canadian citizen bel8yearsofage have lived in BC for 6 months, and owned property in Maple Ridge for at least 30 days Assent of Electors cont'd - - • simple question posed on a ballot Jno • voting at polling stations and advanced voting opportunities Assent is obtained if the majority of votes are in favour of the bylaw. Alternative Approval Process • formerly known as a counter petition opportunity • includes resident and non-resident property electors • Council must "establish the deadline for receiving elector responses" (must be a minimum 30 day period) • Council must "establish the elector response forms" and these forms must be available at the Municipal Hall from the time of first publication of the notice to the end of the response period Alternative Approval Process cont'd • Council must "make a fair determination of the total number of electors" • response form states that the elector is opposed to the adoption of the loan authorization bylaw Approval of the electors obtained if the number of responses received is less than I 0% (approximately 3417) of the number of electors. 3 Agreement in Principle I Prepare Loan Authorization Bylaw I I 3 Readings to the Loan Authorization Bylaw I Approval of Electors Section 84 - Charter Assent of the Electors Alternative Approval Process Section 85- Charter Section 86 - Charter Follow provisions of Part 4 of the Local Government Act Follow provisions of Section 86 of the Community Charter Includes resident & non-resident property electors Includes resident & non-resident property electors Notice of voting contains the question regarding adoption of the proposed bylaw Notice of an alternative approval process contains a description of the proposed bylaw Ballot requires a simple "yes' or 'no" to the question Response form states that the elector is opposed to adoption of the proposed bylaw 2 advanced voting opportunities and voting at Polling stations on the general voting day (Saturday) Elector responses collected over a minimum 30 day period I Approval is achieved if 50% plus one vote is obtained I Approval obtained if less than 10% of the number of elector responses are received Estimated Cost - $45,000 - $50,000 Estimated Cost - $2,500 - $3,000 Estimated time to completion - 81 to 86 days Estimated time to completion - 40 - 45 days