The URL can be used to link to this page

Home My WebLink About2012-11-13 Council Meeting Agenda and Reports.pdfPage 1 District of Maple Ridge COUNCIL MEETING AGENDA November 13, 2012 7:00 p.m. Council Chamber Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.ca 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 MOMENT OF REFLECTION 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of October 23, 2012 502 Minutes of the Development Agreements Committee Meetings of October 23, 24 and 30, 2012 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 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. Council Meeting Agenda November 13, 2012 Council Chamber Page 2 of 6 700 DELEGATIONS 701 Maple Ridge Pitt Meadows Community Services - Story Sharing Contest Awards Presentation - Vicki Kipps, Executive Director 702 CEED Centre Issues - Tyler Ducharme 800 UNFINISHED BUSINESS Note: Items 801 to 804 were forwarded from the November 5, 2012 Council Workshop Meeting 801 Proposed Communications Tower Consultation Policy Staff report dated November 5, 2012 recommending that Council direction be provided on the preferred consultation process the District should employ respecting communication towers and whether a second District telecommunications tower is desirable. 802 2013 Area Planning Options Staff dated November 5, 2012 recommending that the Albion Flats be reaffirmed as a priority for preparation of an area plan, that the Hammond neighbourhood be identified as the next location for an area plan and that a staff report be prepared outlining the area planning process for Hammond. 803 Correspondence re Meningococcal Vaccine Letter dated October 18, 2012 from Jay Gilbert, City Clerk, City of Coquitlam requesting support for a resolution requesting that the Provincial Government reconsider the provision of the necessary MCV4 - Meningococcal Conjugate Vaccine. 900 CORRESPONDENCE Council Meeting Agenda November 13, 2012 Council Chamber Page 3 of 6 1000 BYLAWS Bylaws for First, Second and Third Reading 1001 Animal Control Bylaw No. 6908-2012 Staff report dated November 13, 2012 recommending that the first, second and third readings of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 be rescinded, that the bylaw be amended and that the bylaw as amended be given three readings. Bylaws for Final Reading 1002 2011-066-RZ, 26777 Dewdney Trunk Road Staff report dated November 13 recommending final reading 1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 6934-2012 To amend a conservation designation Final reading 1002.2 Maple Ridge Zone Amending Bylaw No. 6841-2011 To rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit the subdivision of two single-family lots Final reading 1003 Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 To update and simplify language making content easier to interpret, educate and enforce Final reading 1004 Maple Ridge Building Amending Bylaw No. 6950-2012 To update the fee schedules in the existing bylaw Final reading COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes – October 15, 2012 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. Council Meeting Agenda November 13, 2012 Council Chamber Page 4 of 6 Public Works and Development Services 1101 RZ/108/10, 11718 224 Street and 11731 Fraser Street, Status Report for Rezoning Application at Northumberland Court Staff report dated November 5, 2012 providing an update on the status of the rezoning application process for Northumberland Court and recommending that the report be received for information. 1102 RZ/063/10, 11655 Burnett Street, One Year Extension Staff report dated November 5, 2012 recommending that rezoning application RZ/063/10 to allow construction of a four-storey apartment building with 21 units be granted a one year extension. 1103 2012-103-DVP, 10550 248 Street Staff report dated November 5, 2012 recommending that the Corporate Officer be authorized to sign and seal 2012-103-DVP to vary the maximum height of some retaining walls proposed on site. 1104 2012-087-SP, 25788 98 Avenue Staff report dated November 5, 2012 recommending that Application 2012-087-SP for a Soil Deposit Permit under the Agricultural Land Commission Act for property located at 25788 98 Avenue be forwarded to the Agricultural Land Commission. Financial and Corporate Services (including Fire and Police) 1131 Adjustments to the 2012 Collector’s Roll Staff report dated November 5, 2012 submitting information on changes to the 2012 Collector’s Roll through the issuance of Supplementary Rolls 06 and 07. 1132 Adjustments to the 2012 Collector’s Roll Staff report dated November 5, 2012 submitting information on changes to the 2012 Collector’s Roll through the issuance of Supplementary Roll 08. Council Meeting Agenda November 13, 2012 Council Chamber Page 5 of 6 Community Development and Recreation Service 1151 Maple Ridge Library 2013 Projected Budget Staff report dated November 5, 2012 providing information on the Fraser Valley Regional Library proposed budget for 2013 for the Maple Ridge Library. Correspondence 1171 Other Committee Issues 1181 1200 STAFF REPORTS 1201 Pitt Meadows Airport Society Bylaw Amendments Staff report dated November 13, 2012 recommending that the resolution passed July 24, 2012 to effect changes to the Pitt Meadows Airport Society bylaw be rescinded and an amended resolution be considered. 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL 1400 MAYOR’S REPORT 1500 COUNCILLORS’ REPORTS 1600 OTHER MATTERS DEEMED EXPEDIENT Council Meeting Agenda November 13, 2012 Council Chamber Page 6 of 6 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1701 Notice of Motion Pertaining to Town Centre Properties Notice of motion by Councillor Ashlie to consider the resolution attached to this agenda at the November 27, 2012 Council Meeting. 1800 QUESTIONS FROM THE PUBLIC 1900 ADJOURNMENT CChheecckkeedd bbyy::________________________________ DDaattee:: ________________________________ QUESTION PERIOD The purpose of the Question Period is to provide the public with an opportunity to ask questions of Council on items that are of concern to them, 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. Each person will be permitted 2 minutes to ask their question (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). Questions must be directed to the Chair of the meeting and not to individual members of Council. The total Question Period is limited to 15 minutes. Council reserves the right to defer responding to a question in order to obtain the information required to provide a complete and accurate response. Other opportunities are available to address Council including public hearings, delegations and community forum. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk’s Department at 604-463-5221 or clerks@mapleridge.ca. Mayor and Council at mayorandcouncil@mapleridge.ca. District of Maple Ridge COUNCIL MEETING October 23, 2012 The Minutes of the Municipal Council Meeting held on October 23, 2012 at 7:00 p.m. in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie K. Swift, General Manager of Community Development, Councillor C. Bell Parks and Recreation Services Councillor J. Dueck P. Gill, General Manager Corporate and Financial Services Councillor A. Hogarth F. Quinn, General Manager Public Works and Development Councillor B. Masse Services Councillor M. Morden C. Carter, Director of Planning C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Other Staff as Required L. Benson, Manager of Sustainability and Corporate Planning L. Holitzki, Director of Licences, Permits and Bylaws S. Cote-Rolvink, Manager of Inspection Services Note: These Minutes are also posted on the Municipal Web Site at www.mapleridge.ca The meeting was filmed by Shaw Communications Inc. 100 CALL TO ORDER 200 MOMENT OF REFLECTION 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 301 Addition of Item 602 Presentation by the Manager of Sustainability and Corporate Planning and consideration of Item 1134 following Item 602 Council Minutes October 23, 2012 Page 2 of 13 400 APPROVAL OF THE AGENDA The agenda was approved as amended. 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of October 9, 2012 R/2012-463 501 Minutes Regular Council It was moved and seconded October 9, 2012 That the minutes of the Regular Council Meeting of October 9, 2012 be adopted as circulated CARRIED 502 Minutes of the Public Hearing of October 16, 2012 R/2012-464 502 Minutes Public Hearing It was moved and seconded October 16, 2012 That the minutes of the Public Hearing of October 16, 2012 be adopted as circulated. CARRIED 503 Minutes of the Development Agreements Committee Meetings of October 9(2), 10 and 16(2), 2012 R/2012-465 503 Minutes Development Agmt It was moved and seconded Committee That the minutes of the Development Agreements Committee Meetings of October 9(2), 10 and 16(2), 2012 be received. CARRIED Council Minutes October 23, 2012 Page 3 of 13 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 601 Advisory Design Panel Recognition - Wayne Bissky Architecture Mr. Bissky, representing the Architectural Institute of BC (“ALBC”), advised on the ALBC’s mandate in providing assistance to Advisory Design Panels and committees. He announced that the ALBC identified the District of Maple Ridge as having the best terms of reference for its Advisory Design Panel of any community in B.C. 602 Presentation on Revitalization Tax Exemptions - Laura Benson, Manager of Sustainability and Corporate Planning The Manager of Sustainability and Corporate Planning gave a PowerPoint presentation highlighting the District’s town centre incentive program and the milestones in the ongoing development of the downtown area. Note: Councillor Morden excused himself from the discussion of Item 1134 at 7:13 p.m. as he is a property owner in the downtown area. Councillor Hogarth excused himself from the discussion of item 1134 at 7:13 p.m. as he manages a property which is entering into a Revitalization Tax Exemption Agreement with the District. Both Councillors returned to the meeting at 7:15 p.m. Note: Item 1134 was dealt with following Item 602 700 DELEGATIONS 701 Waste Reduction Week Presentation - Ridge Meadows Recycling Society – Leanne Koehn, Communications Ms. Koehn wished all a Happy Waste Reduction Week and advised that as Ridge Meadows Recycling Society is celebrating its 40th Anniversary, it has partnered with the Maple Ridge-Pitt Meadows Times to find the top 40 environmental leaders in this area under the age of 40. She gave a PowerPoint presentation speaking to the nomination process in choosing such environmental leaders and introduced the recipients. Ms. Koehn spoke to changes in attitude toward environmental awareness and outlined some of the environmental issues still faced. She announced the opening of a new program at the Ridge Meadows Recycling Depot which will allow for the drop off of styrofoam. 800 UNFINISHED BUSINESS Council Minutes October 23, 2012 Page 4 of 13 Note: Items 801 to 803 have been forwarded from the October 15, 2012 Council Workshop Meeting. 801 Draft Business Licencing and Regulation Bylaw No. 6815-2011 Staff report dated October 15, 2012 Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 First, second and third readings R/2012-466 Business Licencing And Regulation It was moved and seconded BL No. 6815-2011 Three readings That Bylaw No. 6815-2011 be given first, second and third readings with the typographical error under Section 7.2.7.1(a) corrected to replace the word “passion” with the word “possession”. CARRIED 802 Animal Control Bylaw No. 6908-2012 Staff report dated October 15, 2012 Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 First, second and third readings R/2012-467 Animal Control and And Licencing It was moved and seconded BL No. 6908-2012 Three readings That Bylaw No. 6908-2012 be given first, second and third readings. R/2012-468 Animal Control and And Licencing It was moved and seconded BL No. 6908-2012 Three readings That the motion be amended by inserting the text “be amended with a revision to Schedule A – Fees and Charges, Section 1 (e) replacing a fee of $200.00 under the heading ‘Paid after Jan 31 of the current calendar year” with a fee of $270.00” between the number “6908-2012” and the text “be given” CARRIED MOTION AS AMENDED CARRIED Council Minutes October 23, 2012 Page 5 of 13 803 Proposed Amending Building Bylaw No. 6950-2012 Staff report dated October 15, 2012 Maple Ridge Building Amending Bylaw No. 6950-2012 First, second and third readings R/2012-469 Building Amending BL No. 6950-2012 It was moved and seconded Three readings That Bylaw No. 6950-2012 be given first, second and third readings. CARRIED Councillor Morden – OPPOSED 900 CORRESPONDENCE – Nil 1000 BYLAWS Bylaw for Third Reading 1001 2011-136-RZ, 20724 River Road Maple Ridge Zone Amending Bylaw No. 6896-2012 To rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into two single family lots Third reading R/2012-470 2011-136-RZ BL No. 6896-2012 It was moved and seconded Third reading That Bylaw No. 6896-2012 be given third reading. CARRIED Bylaws for Final Reading 1002 RZ/116/10, 12393 203 Street, RS-1 to RS-1b Maple Ridge Zone Amending Bylaw No. 6793-2011 Staff report dated October 23, 2012 recommending final reading To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban [Medium Density] Residential) to permit subdivision into three lots Final reading Council Minutes October 23, 2012 Page 6 of 13 R/2012-471 RZ/116/10 BL No. 6793-2011 It was moved and seconded Final reading That Bylaw No. 6793-2011 be adopted. CARRIED Councillor Bell - OPPOSED 1003 SD/040/09, 10125 248 Street Upper Jackson Local Area Service Bylaw No. 6948-2012 Staff report dated October 23, 2012 recommending final reading To provide for enhanced landscape maintenance of two parkettes, three landscape areas and the emergency access area within the development Final reading R/2012-472 SD/040/09 BL No. 6948-2012 It was moved and seconded Final reading That Bylaw No. 6948-2012 be adopted. CARRIED COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE Minutes – October 15, 2012 R/2012-473 Minutes COW It was moved and seconded October 15, 2012 That the minutes of the Committee of the Whole Meeting of October 15, 2012 be received. CARRIED Public Works and Development Services 1101 2012-017-RZ, 11750 and 11736 Burnett Street, RS-1 to R-1 Staff report dated October 15, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6909-2012 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into 5 single family lots be given second reading and be forwarded to Public Hearing. Council Minutes October 23, 2012 Page 7 of 13 R/2012-474 2012-017-RZ BL No. 6909-2012 It was moved and seconded Second reading Forward to PH 1. That Bylaw No. 6909-2012 be given second reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading: i. Road dedication as required; ii. Registration on proposed lot 5 of a No-Build covenant at the Land Title Office; iii. Removal of the existing building/s; iv. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. CARRIED 1102 RZ/033/08, 10366 240 Street, Amended Second Reading, RS-2 to R-3 Staff report dated October 15, 2012 recommending that the second and third readings for Maple Ridge Zone Amending Bylaw No. 6621-2008 be rescinded and that Maple Ridge Zone Amending Bylaw No. 6621-2008 as amended be given second reading and be forwarded to Public Hearing to permit future subdivision into 13 residential lots. R/2012-475 RZ/033/08 BL No. 6621-2008 It was moved and seconded Rescinded, amended Second reading Forward to PH 1. That second and third readings for Bylaw No. 6621-2008 be rescinded; 2. That Bylaw No. 6621-2008 be amended as described in the report dated October 15, 2012, be given second reading as amended and be forwarded to Public Hearing; 3. That the following terms and conditions be met prior to Final Reading: i. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; ii. Road dedication, as required; iii. Removal of the existing building or buildings; Council Minutes October 23, 2012 Page 8 of 13 iv. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations; and v. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the applicant will provide a Site Profile for the subject property. CARRIED 1103 DVP/116/10, 12393 203 Street Staff report dated October 15, 2012 recommending that the Corporate Officer be authorized to sign and seal DVP/116/10 to vary minimum frontage requirements. R/2012-476 DVP/116/10 Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal DVP/116/10 respecting property located at 12393 203 Street. CARRIED Financial and Corporate Services (including Fire and Police) 1131 Disbursements for the month ended September 30, 2012 Staff report dated October 15, 2012 recommending that the disbursements for the month ended September 30, 2012 be approved. R/2012-477 Disbursements September 2012 It was moved and seconded That the disbursements as listed below for the month ended September 30, 2012 be approved: General $ 5,939,006. Payroll $ 1,648,650. Purchase Card $ 98,119. $ 7,685,775. CARRIED Council Minutes October 23, 2012 Page 9 of 13 1132 District-Owned Downtown Parking Lots Staff report dated October 15, 2012 recommending that the staff proceed with a tender process to select a service provider to manage five District- owned surface parking lots, that staff be directed to develop a long term use and management plan and consider alternate uses for District owned parking lots. The General Manager Corporate and Financial Services gave a PowerPoint presentation on the Downtown Parking Lot issue. He provided the history on the original parking proposal, outlined the current situation. He reviewed the recommendation of the report. R/2012-478 District-Owned Downtown Parking It was moved and seconded Lots That staff proceed with the tender process to select a service provider to manage five District-owned surface parking lots. That staff be directed to develop a long term plan for the use and management of District-owned parking lots and submit to Council for consideration. That staff consider alternate uses of the District-owned parking lots, as the opportunity arises, subject to ensuring there is no loss of public parking as well as Council approval. CARRIED Councillor Morden - OPPOSED 1133 2013 Council Meeting Schedule Staff report dated October 15, 2012 recommending that the 2013 Council Meeting Schedule be adopted. R/2012-479 Revised 2013 Council Meeting It was moved and seconded Schedule Adopt That the revised 2013 Council Meeting schedule attached to the Council Meeting Agenda dated October 23, 2012 be adopted. Council Minutes October 23, 2012 Page 10 of 13 R/2012-480 Revised 2013 Council Meeting It was moved and seconded Schedule AMENDMENT That the motion be amended with the replacement of the text “be adopted” with the text “be amended to reschedule the March 26, 2013 Council Meeting to March 19, 2013 following Public Hearing and that the 2013 Council Meeting Schedule as revised be adopted.” CARRIED MOTION AS AMENDED CARRIED Councillor Masse and Councillor Bell – OPPOSED Note: Item 1134 was dealt with following Item 602 1134 Revitalization Tax Exemption Agreements Staff report dated October 15, 2012 recommending that the Corporate Officer be authorized to execute Revitalization Tax Exemption Agreements with the qualified property owners. R/2012-481 Revitalization Tax Exemption It was moved and seconded Agreements Execute Agreements That the Corporate Officer be authorized to execute agreements with the qualified property owners listed in Schedule A, as attached to the staff report “Revitalization Tax Exemption Agreements” dated October 15, 2012. CARRIED Community Development and Recreation Service – Nil Correspondence – Nil Other Committee Issues – Nil Council Minutes October 23, 2012 Page 11 of 13 1200 STAFF REPORTS – Nil 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL – Nil 1400 MAYOR’S REPORT Mayor Daykin attended the International Naturally Autistic Peoples Awards and celebrations. He also attended a fundraiser for the Ridge Meadows Search and Rescue, the Ridge Meadows Hospital Foundation fundraising dinner and a luncheon hosted by the Fraser Valley Chapter of the Urban Development Institute. Mayor Daykin advised that the Alouette Heights Housing Project is holding a grand opening on October 24 and the opening of the Haney Nokai Park will be held on October 27. 1500 COUNCILLORS’ REPORTS Councillor Bell Councillor Bell attended a meeting of the Lower Mainland Local Government Association Board, took a tour to the Fraser Valley Regional District to meet with their Board and participated in a tour of the dyking system in Chilliwack. As part of Homelessness Action Week she attended the Chili Cookout as well as the Spa Day event. Councillor Bell also attended a TransLink presentation at a Council of Councils meeting, the Community Inclusion Event at the ACT and a Thomas Frey “Future of Libraries” Workshop. Councillor Ashlie Councillor Ashlie attended Homelessness Action Week events, the Golden Harvest event, a BC Chamber of Commerce Energy Summit and a meeting of Fraser Health. She also attended a Metro Road Pricing Workshop and the Ridge Meadows Hospital Foundation fundraising dinner. She encouraged residents to support the North Fraser Therapeutic Riding Association. Councillor Dueck No report Council Minutes October 23, 2012 Page 12 of 13 Councillor Masse Councillor Morden attended the Homelessness Action Week Lunch, a dinner at the Langley Campus of Kwantleen University to welcome their new president, the Golden Harvest event and a TransLink presentation at a Council of Councils meeting. He also attended the Ridge Meadows Hospital Foundation fundraising dinner and Community Inclusion Day at the ACT. He encouraged residents to attend the Sunshine Foundation Dreams for Kids “Bright Night Big Dreams” event on October 25. Councillor Morden Councillor Morden attended the Ridge Meadows Hospital Foundation Gala, the Golden Harvest event, a Translink presentation at a Council of Councils meeting and the BC Chamber of Commerce Energy Summit; He participated in the Homelessness Action Week Chili Lunch event. Councillor Hogarth Councillor Hogarth attended the Golden Harvest event, a meeting of the Maple Ridge-Pitt Municipal Advisory Committee on Accessibility Issues and a luncheon sponsored by the Urban Development Institute and a dinner at the Langley Campus of Kwantleen University to welcome their new president. He also attended a meeting as Chair of the Safer Homes Society. 1600 OTHER MATTERS DEEMED EXPEDIENT – Nil 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS 1800 QUESTIONS FROM THE PUBLIC Allen Lees Mr. Lees asked why the District of Maple Ridge does not have an effective tree protection bylaw. He cited a City of Vancouver Bylaw and expressed concern that many trees in his neighbourhood have been cut down without the use of permits and with no consequences despite calls to the Bylaws Department. He outlined the negative impact on the surrounding area resulting from the removal of trees. Jessie Joy Lees Jessie Joy spoke to the City of Vancouver’s tree bylaws, the trees lost in her neighbourhood in the last few months and the positive impact of existing trees. Mayor Daykin advised that the Director of Planning has indicated that the issue of tree removal will be addressed through an upcoming environmental strategy being prepared by a consultant. Council Minutes October 23, 2012 Page 13 of 13 1900 ADJOURNMENT – 10:01 p.m. _______________________________ E. Daykin, Mayor Certified Correct ___________________________________ C. Marlo, Corporate Officer 1 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 05, 2012 and Members of Council FROM: Chief Administrative Officer MEETING: Council Workshop SUBJECT: Proposed Communications Tower Consultation Policy EXECUTIVE SUMMARY: Communication towers and antenna support structures are required for radio communication services, and are controlled under the Federal Telecommunications Act as administered by Industry Canada. There are many forms of towers and antenna support structures (Appendix 1), and it is fully expected that many more will need to be built to support the demand for mobile communications. Under the current regulatory regime, the District is constrained in its ability to influence matters of Federal control. However, Industry Canada does have a ‘default’ consultation process, in the absence of a Municipal protocol, which provides some opportunity to influence the siting and design of communication structures. This memo, in part, reviews the context and process that is the ‘default’ public consultation protocol. Staff at the District has been following the ‘default’ process, and has a good working relationship with Industry Canada staff. The default process provides an opportunity for the District to influence locational and design considerations, but only to a limited extent. It also provides limited opportunity for the public to be consulted. However, the District does not have final approval authority. This memo then provides an alternative, more involved, consultation and review process (Appendix 4). This alternative process would provide more detailed requirements to proponents, and identifies locational, siting, and design characteristics that the District would like to see. It also supports a more consultative process to garner public feedback on proposals. This memo identifies two choices for Council: 1. Adopt the ‘default’ consultation process of Industry Canada in the review of telecommunication tower proposals; or 2. Adopt our own, more rigorous, consultation process. However, adopting our own process may raise the expectation that the District has greater influence over siting and aesthetic considerations than we actually do. This more involved process will also add to costs and involve more staff time. It should be noted that the Federation of Canadian Municipalities (FCM) is putting together a model consultation protocol for communication tower siting. The FCM is working with representative Municipalities and the wireless industry to develop an appropriate set of rules that should have wide 2 support. Should Council consider staying with the default consultation protocol, the release of the FCM initiative in the spring of 2013 should provide another opportunity to consider an appropriate process. As a companion strategy, for either option, the District should promote the use of District infrastructure for colocation purposes for radio equipment and by this means offset the construction of some towers, and perhaps raise a secondary revenue source. There is work being done in this area, particularly at the City of Vancouver, and staff will be reporting back at a later date about co- location options and the possibility of developing a policy. However, in the interim, the District should consider reviewing options for locating a second District communications tower similar to the Grant Hill installation. RECOMMENDATION: That Council provide direction on the preferred consultation process the District should employ in influencing the locational and design decisions respecting communication towers; and That Council provides direction on whether a second District telecommunications tower is desirable. DISCUSSION: a) Background Context: The demand for wireless services has increased significantly in recent times due to the proliferation of cellular phones and the application of wireless technologies to computing. Many new services have been taking advantage of the inexpensive networking that wireless technologies provide 1. As a consequence of many more devices in the field, and more companies offering competing handsets and services, and the burgeoning demand for data services, radio technology has had to advance at a rapid pace to keep up with demand. Because of these trends, many more communication towers need to be built. The biggest impact on demand for wireless services has been, and will continue to be, from the mobile phone industry due to the demand for mobile computing and the so-called ‘smart phone’ phenomena. More towers and antenna support structures will be required to improve coverage, to service concentrations of demand, to support different technologies, and to provide phone company controlled infrastructure (ie - not shared). Regulatory Environment: Radio communication, and associated support structures, is a field exclusively within Federal authority under the Radio communication Act and is managed by Industry Canada on behalf of the Minister of Transportation. As a consequence, there is little local ability to regulate this type of land use. This has proven controversial to many communities across the country.2 1 The District uses radio services to connect up outlying buildings like, Fire Hall #3 or the South Bonson Centre to District Hall, and to interconnect infrastructure facilities such as reservoirs and pump stations. It is also used to provide data services within District Hall meeting rooms for example. 2 The Federation of Canadian Municipalities (F.C.M.) is developing a draft consultation protocol with the wireless industry to afford the chance for Municipalities to influence the design and location of structures. It is anticipated the draft protocol will be ready in the spring of 2013. 3 Industry Canada believes towers and antenna systems should be deployed in a manner that considers local surroundings and has consultation procedures defined 3. Unfortunately, those considerations do not extend to prohibiting the construction of a tower. Industry Canada requires that proponents of new towers consult with the local land use authority (ie – the District) and the public unless the tower or antenna installation is exempt. Industry Canada client circular CPC-2-0-03 2008 (Radio communication and Broadcasting Antenna Systems), Section 6, identifies exclusions to their default consultation requirement: - antenna structures less than 15m in height; - extensions to towers that are less than 25% of the original height; - maintenance of an existing tower; - an installation of temporary duration (ie – less than 3 months). The same procedures bulletin identifies the default consultation process in Section 4.1 for the local land use authority, and Section 4.2 identifies the default consultation process for the public. Industry Canada Default Consultation Processes: Generally, the default Industry Canada consultation for the land use authority follows this process: - The proponent needs to discuss the antenna siting proposal with District staff; - The discussion involves a review of siting options; - Discussion around local processes is required (eg – consultation, building permit, etc.); - Addressing relevant concerns around the proposal; - Obtaining concurrence, or not, in writing from the District. Where there are ‘legitimate’ specific concerns around a proposal 4, it is expected that the District would discuss reasonable alternatives or mitigation measures with proponents. The experience to date has generally been that Industry Canada staff has been responsive to District concerns, within the realm of available authority and reasonable options available to address concerns. Generally, the default Industry Canada public consultation follows this process: - The proponent must provide notice to the land use authority and public; - This ‘notice’ includes details around: o the location, siting, design, and purpose of the structure, o why the project cannot utilize any existing structures in the area, o the status of the project with respect to the Canadian Environmental Assessment Act, o an attestation on the protection of public health, o an attestation that the structure or installation will meet good engineering practice, o reference to local requirements (eg – consultation protocols), o contact information, and o closing date for written public comments; - The notice is required to be provided to residents and businesses within a radius of 3 times the tower height; - If the tower is greater than 30m in height, a notice in the local newspaper is also required; 3 Industry Canada, Radiocommunication and Broadcasting Antenna Systems, CPC-2-0-03, 2008. http://www.ic.gc.ca/eic/site/smt- gst.nsf/eng/sf08777.html . 4 Aesthetics and impact on property values are not considered legitimate reasons to prohibit a tower. 4 - The proponent is required to engage and respond to ‘relevant’ public concerns, within a certain time frame by any suitable means. The proponent cannot commence construction or installation until Industry Canada is satisfied that the local land use authority has been adequately consulted, the proponent has carried out public consultation either through the Industry Canada default process or the consultation process established by the local land use authority, and all relevant concerns have been addressed (see Appendix 3). Under the default guidelines, Industry Canada, only considers the impact of a tower proposal on the local community from a technical aspect. Of course, concerns about the health impact of exposure to radio waves are also a concern. Issues of aesthetics are not considered reasonable grounds for denial of a proposal (see Appendix 2). However, the default process does give an opportunity for proponents and local governments to negotiate for the aesthetic treatment of wireless antennas and structures. Nonetheless, the recognition on the part of the approving authority that some local concerns are important is the best opportunity for the District to influence the siting and design of the most obtrusive structures. However, that recognition does not extend to the ability of local government to prohibit antenna structures. Although Industry Canada has a consultation process, it does not: - identify the requirement for a neighbourhood meeting; - the public notice provisions (eg - residences within 3x the height of the structure) are inadequate; - certain installations are exempt from consultation, such as tower proposals less than 15m in height; - there is a need to clarify what information is to be provided and what feedback options are available. However, in utilizing the default process, staff has reviewed details of tower construction from proponents, have provided public mailing details to proponents, and have collated public feedback. Concerns and issues raised have been discussed with Industry Canada staff. From the local government perspective, despite the limitations, the default process provides a somewhat reasonable opportunity to influence tower design and location. Proposed Draft District Consultation Process: Wireless communication services are important to the community and the public, and some accommodations need to be made. As a consequence, communication tower proposals are categorized as to their impact: either high or low. It is suggested that, should the District wish to adopt our own procedure, then only those proposals considered of ‘high’ impact go through a more involved review process. The proposed District consultation process is noted in Appendix 4. A District determined consultation process would provide the opportunity to residents and staff to review the characteristics of proposals and to provide feedback to the proponent in greater detail. However, even by adopting our own consultation policy, it must be understood that the District would still not be the approving authority and would still be limited in influencing the characteristics of proposals. Concerns around impact on property values and health, for example, would not be within the District’s authority to require a proponent to address. 5 In the District defined process, antenna support structures considered of ‘high’ impact generally include: - towers of any height within 100m of residential areas or in ‘sensitive’ areas; - towers greater than 15m in height within commercial or industrial areas; and - tower proposals that will increase the height of an existing tower by greater than 25% of the current height. Structures of low impact would have a lesser consultation requirement, and some may only require a building permit. Low impact structures include: - on roof tops of buildings; - on street light or telephone poles; - on existing towers; - on towers less than 15m in height that are not considered ‘high impact’. Under the District determined process, a proponent would have a pre-application meeting with the District to review procedural requirements. The District protocol (see Appendix 4) would identify submission requirements, and identify setback, design characteristics, screening and lighting requirements. As well, the protocol would note what public notice is required and whether a public information meeting is necessary. The proposals considered of ‘high’ impact would require a public mail-out notification, and a public information meeting. Issues or concerns pertaining to location, design, residential setbacks, and colocation opportunities can be addressed at the meeting by the proponent, or in follow-up feedback to residents. The protocol notes that staff responsibility is to monitor the consultation process and observe the conduct of the public information meeting. It would be the proponent’s responsibility to collate and respond to public concerns. Once the proponent has provided the necessary consultation opportunities and has dealt with legitimate concerns, they would then formally apply to the District. Staff would review the submission, and provide a letter of support or non-support with reasons. Those proposals considered of ‘low’ impact would provide a detailed notice of the proposal to District staff for their feedback. Once feedback has been gathered, and relevant issues addressed, the proponent can formally apply to the District for a letter of concurrence. However, adopting our own process may raise the expectation that the District has greater influence over siting and aesthetic considerations than we actually do. This more involved process will also add to costs and involve more staff time. Co-Location and a Second District Tower: The current District communications tower on Grant Hill has provided an opportunity for District radio equipment to be relocated to a central facility, with spare capacity leased out to private wireless service providers. Presently, the facility is almost fully leased. There is a need for additional District radio control equipment at several reservoir and water system sites in the community, and this need presents an opportunity to locate a second Municipal telecom tower likely in the northern area of the community. There are several possible sites staff are investigating for a second tower, primarily for District use, but also it would present colocation 6 opportunities for other wireless service providers and may forestall the building of other towers. The possibility of a second tower is preliminary at this stage, and staff will return with an analysis and recommendation if the preliminary analysis is favourable and Council supports the effort. As well, there is work going on in other communities investigating other co-location practices to ensure that the minimum number of additional antenna support facilities are constructed to support necessary wireless services, such as at the City of Vancouver. Staff will be investigating these efforts and will be reporting back on options for the District. b) Desired Outcome: The options for the District are: 1. the District can continue to utilize the default Industry Canada consultation process and perhaps request an increase to the notice provisions from 3x the tower height to 5x; or 2. adopt our own more detailed and rigorous process that provides more opportunity to influence communication tower design and location, but would still not provide the final decision-making authority. Appendix 4 contains a draft Maple Ridge protocol. Council direction is sought on the consultation approach Council would prefer. Council direction on the consideration of a second District owned communications tower is also requested. c) Strategic Alignment: Although the final approval authority remains a Federal responsibility, adopting our own tower consultation protocol may provide an improved opportunity to garner more support from Industry Canada for District concerns. This would be consistent with community development objectives and the desire for local control of land use issues. d) Citizen/Customer Implications: A consultation approach, whether the default Industry Canada version, or a made-in-Maple Ridge version, provides for the District, and affected citizens, an opportunity to influence the locational and land use decisions, and perhaps design characteristics over tower development proposals. However, the final approval authority still rests with Industry Canada. e) Interdepartmental Implications: The default Industry Canada consultation protocol is typically followed by the Planning Department at present, and only offers a significant opportunity to influence decisions where the proposed siting or design has reasonable alternatives in terms of location, siting, or design characteristics. If the District were to adopt our own consultation protocol, the effort and work required to shepherd applications through review and consultation processes will become significant. Should this be the choice of Council, some discussions around internal processes and staffing should occur to ensure timely delivery of appropriate feedback. Industry Canada has very tight response time requirements for feedback. 7 As well, an application and review fee should be considered to cover staff time. Additional Fee Bylaw and Procedures Bylaw amendments would need to be made to identify the application and review process and required fees. f) Business Plan/Financial Implications: If the District decides to adopt our own protocol, then staff time needs to be provided in support of the more involved review process. A fee for the application process and review should be determined to cover staff time required. The District may be able to raise a nominal amount of building permit fees for smaller antenna installations attached to buildings, although it may not be material. The District would not be able to collect building permit fees from stand alone structures as they are exempt. The District should be able to raise significant revenue, and offset some tower installations, by constructing and leasing out access to our own communications tower, similar to that on Grant Hill. g) Policy Implications: If the District were to adopt our own protocol, staff should review, within a year, the performance of the new process and adjust as necessary. As well, this review will permit consideration for incorporation of any recommendations arising from the work of the Federation of Canadian Municipalities (F.C.M.) on the issue. h) Alternatives: The District could continue to take a more passive role in influencing the locational and design considerations for telecommunications towers, thereby leaving the approval assessment to the Federal authorities. The default Industry Canada consultation process does afford the District an opportunity to comment and influence locational and design considerations, although quite limited. There will be an additional opportunity to review and possibly adopt a more widely viewed and approved consultation process that will emanate from the Federation of Canadian Municipalities (FCM) initiative to define a model consultation process. This initiative should be ready for consideration in the spring of 2013. This may provide another opportunity for the District to reconsider a more involved consultation process. 8 CONCLUSIONS: Telecommunications towers and antenna support structures are important to the wireless services in the community. It can be expected that more such installations will be forthcoming as the desire for improved mobile computing takes hold. Towers and support structures are a Federal responsibility, but the District has a role to play in the review and consultation procedures that Industry Canada defines as the minimum requirement. District staff has followed these default guidelines, but they really only afford an ability to influence the locational or design choices for poor installations or ones that have an obvious impact on residents. Council can continue to support the ‘default’ consultation process, and build on the good relationship between District staff and Industry Canada, or we could adopt our own, more rigorous consultation process. A suggested Maple Ridge consultation protocol is noted in Appendix 4 and still requires Industry Canada support. A defined District procedure whereby District staff and the public has initial notice of an impending tower structure, and have every opportunity to evaluate the proposal and influence it’s design and location based upon the proposal merits comes at a cost however. Having a District defined process may garner more support from Industry Canada for District concerns that are reasonable, but it comes at a cost of additional staff time for processing, and perhaps creates the impression that the District actually has the final decision-making authority. Council direction is requested. _______________________________________________ Prepared by: John Bastaja Director Corporate Support _______________________________________________ Prepared by: Diana Hall Planner _______________________________________________ Approved by: Paul Gill General Manager, Corporate and Financial Services _______________________________________________ Approved by: Frank Quinn General Manager, Public Works and Development Services _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer 9 Appendix 1 Radio Communication Antenna Structures 1. Large Antenna Structures Freestanding or guy wire supported Freestanding towers are usually large structures that act as a point of convergence and retransmission (eg. – backhaul), or of disseminating signals. These types of towers come in a variety of heights (eg. – 10 to 60m) and are usually the structures with the greatest neighbourhood impact. There is some flexibility in placing these types of structures, but they are typically constrained by the need to achieve acceptable coverage of a service area, the availability of suitable sites, technical limitations, and safety2. These structures do not require local government permits but are subject to safety standards and Industry Canada approval. Freestanding antenna structures, which for the purpose of this memo includes guy wire supported structures, are exempt under Division A, Part 1, of the B.C. Building Code and therefore do not require a building permit. 2. Small Antenna Structures Attached to a building On rooftop On utility installations On light standards Smaller antenna structures that are attached to buildings are usually of limited impact and are typically used in more urban areas. These can be on small poles, on the rooftops of buildings, or on utility structures such as light standards or telephone poles. Smaller antennas and associated support structures, if attached to a building or structure, do require a building permit. The District and other utility companies also utilize wireless technologies for data transfer and to communicate with electronic controllers to monitor performance or adjust settings of equipment. New so-called 4G cellular technology will place more, and smaller, antennas closer to areas of demand. In this example, the antenna is the extension of the pole above the mast arm on an arterial light standard in Surrey in a residential area. 10 Appendix 2 Industry Canada Review Practices As noted, Industry Canada has authority over radio communications tower structures and has a review process to ensure proposals meet certain standards. This review process considers: • Structural adequacy. Industry Canada requires the design and structural integrity of any tower to meet CSA standards, and will need to be certified by an engineer. • Geotechnical. The proposed siting and design of the structure typically requires a geotechnical assessment to ensure it will be stable. • Environmental review. Tower proposals must comply with the Canadian Environmental Assessment Act. However, there is no legal authority to deny a structure application based upon considerations of environmental impact, beyond the Canadian Environmental Assessment Act. • Aesthetics. There is no authority to consider appearance as reasons for denial, or for undue modifications such as design of the structure, siting, or screening. Assessments are typically based upon technical considerations. • Health. Industry Canada has adopted Health Canada’s Safety Code 6, which governs radio frequency exposure, and requires all operators to comply with the provisions 5. • Transport Canada. The design and elevation of the proposed structure is referred to Transport Canada and is reviewed to ensure it is not a hazard to air traffic. • Zoning Bylaw and Local Interests. A quote from Industry Canada client bulletin CPC-2-0-03: The Federal Government has the authority to veto any particular site, but only does on technical matters. For Industry Canada, their policy is to seek meaningful local input with respect to antenna siting. As outlined in the Department's Client Procedures Circular CPC-2-0-03, Industry Canada requires proponents to work with local land-use authorities and to accommodate reasonable local requirements. On occasion, local requirements may unduly impede the deployment of radio communication facilities or land-use authorities and proponents may not be able to reach concurrence with respect to local requirements. In those cases, proponents can petition Industry Canada for a decision. However, Industry Canada does not consider towers under 15m in height to affect local land use interests, so no consultation is required. More Information: • Industry Canada’s website on antennas: http://www.ic.gc.ca/eic/site/smt- gst.nsf/eng/h_sf01702.html • Industry Canada’s default regulations on tower siting, Client Procedures Circular (CPC-2-0-03): http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html • Industry Canada’s guide to assist land-use authorities in developing antenna siting protocols: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08839.html • FAQ on towers in communities: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08788.html; and • information on health issues associated with radio spectrum management: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08792.html. 5 For a study of electromagnetic radiation in Maple Ridge from cellular and PCS transmitting sites, undertaken by the BC Centre For Disease Control, please see the following link and select Maple Ridge from the various communities: http://www.bccdc.ca/healthenv/Radiation/ElectromagRadiation/CellPCSTransSites.htm . 11 Appendix 3 Industry Canada Consultation Process Options 12 Appendix 4 Proposed District Consultation Process As noted, Maple Ridge will see more proposals for large and small towers to be built, and more antenna support structures either being proposed, or utilizing existing infrastructure (eg – buildings, telephone poles, mast arms). The distinction that needs to be drawn between types of communication towers and structures is illustrated in Appendix 1. If the District is to adopt our own consultation process, it is recommended that only the high impact structures be subjected to neighbourhood consultation meetings as recommended. The other antenna support structures identified in Appendix 1 – primarily the low impact structures – be subject to basic notice requirements to District staff, and be required to undergo the regular building permit review process where applicable, Telecommunication Antenna Structures Siting Protocols Purpose: The purpose of the Telecommunication Antenna Structures Siting Protocols is to establish procedural standards that will allow the District to effectively participate in and influence the placement of telecommunication antenna structures proposed within the District. The Protocols are also intended to assist Council, District Staff, Industry Canada, representatives of the telecommunications industry, and members of the public in being aware of, and understanding the implementation methods, processes, procedures and criteria, used to achieve this purpose. The objectives of these Protocols are: 1. To establish a process and criteria for consistently and equitably reviewing, evaluating and deciding upon each proposal for placing a telecommunication antenna structure. 2. To provide clear and reasonable requirements for effective participation and cooperation between the proponents and the District. 3. To minimize the number of towers required for telecommunication antenna networks. 4. To ensure co-location opportunities for telecommunication antenna structures are explored and acted upon. 5. To encourage and promote opportunities for improved telecommunication antenna structure design and concealment in order to minimize their visual impacts on the surrounding area and the District in general. 6. To provide an opportunity for residents located near specific types of proposed telecommunication antenna structures (structures of significant impact) to make comments, ask questions or raise concerns relating to the proposal, make the proponent aware of local considerations and provide recommendations regarding the placement and/or appearance of the structure. District Authority : As noted, Industry Canada requires that, in certain cases, the local land use authority and the public must be consulted for input regarding the proposed placement of a telecommunication antenna structure. The District’s Planning and Building Departments are responsible for reviewing these submissions and, depending on the 13 nature of the proposal, a letter of support (concurrence) or non-support (non- concurrence) is sent to the wireless service provider upon completion of its review of the proposal. The Planning and Building Departments reviews each proposed submission for a telecommunication antenna structure based on specific physical criteria. This involves reviewing and evaluating such things as: - the proposed location of a telecommunication antenna structure and aspects of its design, including height, colour, type, number of antennae to be placed on the structure; - screening of any equipment compound; - the design and materials to be used for any equipment storage shed; - the potential for co-location of other proponents on the structure; and - compliance with the District’s Telecommunication Antenna Structures Siting Protocol. Based on this review, a letter of support (concurrence) or non-support (non- concurrence) is issued. It is important to note that in cases where the District does not support a proposal, it cannot prevent a proponent from ultimately gaining permission from Industry Canada to install a telecommunication antenna structure even if it contravenes these Protocols. The District Role at Public Consultation Meetings: District staff performs three main functions at a public consultation meeting. These are: 1. To scrutinize the consultation process: - by observing how and what information is provided to the public by the proponent about the proposed telecommunication antenna structure and its intended location; - by observing what questions arise from the public about the proposed installation; - by observing what answers to these questions are provided by the proponent; and - by observing how concerns and other issues regarding the proposed telecommunication antenna structure’s placement are resolved. 2. To clarify the provisions of the District’s Telecommunication Antenna Structures Siting Protocols as required: - by explaining the procedures regarding the notification process ; - by articulating what is expected in terms of resolving the issues brought forward - at the meeting by the public; - by communicating the District’s objective regarding the co-location of other - proponents’ antennas on existing and proposed telecommunication antenna structures; and - by outlining the circumstances required for the issuance of a letter of concurrence or non-concurrence. 14 3. To explain the District’s role in the deployment of telecommunication antenna structures, which includes: - ensuring the District’s Telecommunication Antenna Structures Siting Protocols are followed; - evaluating each proposal based on specific criteria, reasoning and development guidelines; - confirming that the proponent has conducted and completed any follow-up work arising from a public consultation meeting; and - facilitating communication between other proponents regarding co-location arrangements. The District’s Role in Reviewing Telecommunication Structure Submission: District staff review and evaluate each submission received for a telecommunication antenna structure. The specific elements and issues observed, reviewed, analyzed, evaluated and decided upon in reaching a decision to either support or not support a submission are predominantly, but not limited to, the following6: 1. proposed location in a community or area; 2. existing and proposed on-site uses and structures; 3. adjacent sites and their existing and proposed uses and structures; 4. co-location potentials on this site and on nearby sites with other existing or 5. proposed telecommunication antenna structures; 6. compliance with the Telecommunication Antenna Structures 7. Siting Protocol; 8. conformity with the District’s Official Community policies regarding historic sites and environmentally sensitive areas; and 9. design aspects of the proposal, including: a) height, b) colour, c) type of structure, d) diameter (if a monopole or tri-pole), e) number of antenna arrays (including futures), f) shrouding of antenna arrays, g) potential for disguising or camouflaging, h) screening of equipment compound and shelter(s), i) plans, arrangement, materials and colour of equipment shelters(s), j) location on the site, k) access/egress to the facility, l) impact on on-site parking facilities and vehicular movement, m) impact on on-site garbage facilities, 6 The District does not assess any submission for a telecommunication antenna structure with respect to health and radiofrequency exposure issues or any other non-placement or non-design related issues. Any questions or comments the public may wish to make regarding health issues related to cell phones, cell towers and radiofrequency exposure guidelines (Safety Code 6) should be directed to Health Canada on-line at healthcanada.gc.ca and to the proponent’s representative. Industry Canada, Lower Mainland District Office may also be contacted for information by phone at 604-666-5468 or by e-mail at vancouver.district@ic.gc.ca. 15 n) impact on on-site utility R.O.W.s, o) proposed signage or other markings and p) lighting, distance to other existing towers, and removal of redundant structure(s) if a re-build, replacement or co-location. Types of Submissions to the District: The District recognizes that different types of telecommunication antenna structures may create different magnitudes or degrees of impact and concern within the community and on the existing built environment of the District in general. High Impact Submissions: High Impact submissions involve those telecommunication antenna structures deemed by the District to have potential negative impact on, or concerns for, the neighbourhood, the environment or the existing neighbourhood fabric of the District in general, that are proposed: - on towers of any height to be placed within 100 metres of any residential development or residential district (the 100 metres to be measured from the centre of the base of the proposed structure); - on towers of any height to be placed in areas of environmental, historic, strategic or operational importance or sensitivity as identified by the District Official Community Plan; - to increase the height of an existing tower by more than 25% of the existing height; and - on any other telecommunication antenna structure not identified as a Low Impact or a temporary structure, excluding Amateur Radio Antenna Structures which are not governed by these Protocols. A copy of each High Impact submission received will be referred to relevant District departments for review and comment purposes. A public consultation meeting, conducted prior to making a submission to the District, will be required pursuant to the provisions set out below. The District requires at least a two week interval between the date of the public consultation meeting and making a submission to the District to ensure time for post-consultation inquiries and comments to be received from the public and answered by the proponent. High Impact submissions will be processed by the District within 21 days of receipt of a complete telecommunication antenna submission. In addition to the preceding, High Impact submissions also include telecommunication antenna structures (towers) that are 15 metres or greater in height proposed in locations designated as a commercial, industrial or institutional district and further than 100 metres away from any residential development or residential district. These High Impact submissions will follow the same circulation and processing procedures as those noted above, however, no public consultation meeting will be required for this group of telecommunication antenna structures. 16 The use of any District owned park or reserve land proposed for the placement of a High Impact telecommunication antenna structure will require a public consultation process pursuant to the provisions set out in these Protocols. Low Impact Submissions: Low impact submissions include those telecommunication antenna structures considered by the District to have low or no adverse impacts or concerns with respect to the community or the District in general. These include proposed telecommunication antenna structures in such locations as: - on roof tops of high rise buildings (the roof top should be higher than any adjacent residential development(s) or a public consultation may be required at the discretion of the District); - on street light poles; - on parking lot light poles; - on existing utility towers and similar structures as determined by the District; and - on towers less than 15 metres in height that are not identified as a High Impact telecommunication antenna structure. A copy of the Low Impact submission received will be circulated to relevant District Departments. A public consultation meeting will not be required and the submission will be processed within 10 working days of receipt of a complete telecommunication antenna application. Temporary Submissions: Temporary submissions primarily apply to proposals for those telecommunication antenna structures that will have a limited operational time frame and no or negligible adverse impacts on the community, the environment or the existing urban fabric of the District in general, as determined by the District. This category also includes the addition of telecommunication antenna structures to an existing tower in specific circumstances. Temporary submissions include: - a temporary telecommunication antenna structure for a duration of no longer than 3 months; - a time extension request for an existing temporary telecommunication antenna structure to remain in place beyond the initial 3 month duration limit; - a telecommunication antenna structure to be used for a special event; - a telecommunication antenna structure to be used for an urgent situation or emergency event; - the co-location of a proponent’s telecommunication antennas on an existing tower where an increase in tower height is not required; and - the addition of new shelters, cabinets and other similar enclosures or compounds required to house a proponent’s equipment associated with the telecommunication antennas being connected to an existing telecommunication antenna structure. 17 The proponent will submit a written notification to the District, allowing 10 days for response time prior to installing any proposed Temporary telecommunication antenna structure or commencing a time extension for an existing Temporary telecommunication antenna structure within the District. Temporary telecommunication antenna structures used to provide service during an emergency event may be installed without submitting a written notification to the District and are excluded from the 10 day response period requirement. As a courtesy, the District encourages a verbal notification in these circumstances, to be completed within 24 hours of the deployment of the telecommunication antenna structure. Design Characteristics: The District encourages the use of telecommunications structures that are designed to be disguised and unobtrusive and inconspicuous. The District encourages screening such as from plantings, fences, or architectural treatments to assist the structure, compound or equipment shelter to blend into the surroundings. The placement of signage on telecom structures is discouraged. Unless specifically required by Transport Canada, the display of any type of lighting on a telecommunication antenna structure is discouraged. Where Transport Canada requires a telecommunication antenna structure to be lit, the lighting should be limited to the minimum number of lights and the lowest illumination allowable. Any required strobe lighting should be set to the maximum strobe interval allowed by Transport Canada. The lighting of telecommunication antenna structure compounds for security purposes is supportable provided it is shielded from adjacent residential properties, is kept to a minimum number of lights and illumination intensity and, where possible, it is provided by a motion detector type of system. Residential Setback Considerations: The District recommends the placement of telecommunication antenna structures (towers) should not be in close proximity to residential developments of any built form or density. As a guideline, it is recommended that any tower proposed to be placed on a site abutting existing dwellings should be located: a) at least three times the height of the proposed tower away from those dwellings for towers less than 15 metres in height; b) at least 75 metres away from those dwellings for towers 15 to 30 metres in height; c) at least 100 metres away from those dwellings for towers 31 to 45 metres in height; d) at least 122 metres away from those dwelling units for towers 46 to 55 metres in height; and e) at least three times the height of the proposed tower away from those dwellings for towers 56 metres or greater in height. 18 Co-location Options: The District encourages the co-location of telecommunication antenna structures. This may include, but is not limited to: - the installation of a proponent’s telecommunication antennas on any existing telecommunication antenna structure; - the construction of a new telecommunication antenna structure on which other proponents are invited to co-locate; - the reconstruction or modification of an existing telecommunication antenna structure to accommodate the equipment of additional proponents; or - the relocation of a proponent’s existing telecommunication antennas to another proponent’s telecommunication antenna structure followed by the removal of the redundant existing telecommunication antenna structure. In cases where a telecommunication antenna structure is being replaced or taken out of service, the District acknowledges that the existing telecommunication antenna structure could remain temporarily while a new telecommunication antenna structure is being built and the telecommunication antennas and equipment relocated from the existing structure to the new structure. The proponent is required to provide written evidence of co-location opportunities in the case of new tower proposals, the discussions that took place, and the outcome and reasons for that outcome. Notification and Public Consultation Process: Prior to physically investigating an area for potential telecommunication antenna structure site locations, the District requests that proponents provide the District with a courtesy notification that locations in the community are being assessed for a telecommunication antenna structure site. Notification Obligations When a Public Consultation Meeting is Not Required: When a public consultation meeting is not required, notification of a proposed telecommunication antenna structure siting submission shall be given to the District in advance for concurrence. This notification must be made by written means (a letter, an e-mail or a brief) and must include: - the proponent’s name and contact information; - the municipal address of the proposed location; - the type and height of the telecommunication antenna structure; and - a brief explanation as to why a public consultation meeting is not required. 19 Notification Obligations When a Public Consultation Meeting is Required: When a public consultation meeting is required, written notification of a proposed telecommunication antenna structure siting shall be given by the proponent to the District. Notification of affected residents shall be by mail. The proponent shall include in the notification a copy of the plans for the structure and a copy of the Notice of Public Consultation Meeting. The proponent shall then undertake the Public Consultation Meeting process by conducting a public meeting prior to making a telecommunication antenna structure submission to the District in accordance with the provisions of this Protocol. Notification to Affected Residential Properties: Except as may be allowed below, when a public consultation meeting is required, notification of the proposed siting of a telecommunication antenna structure shall be sent by the proponent to all affected residential properties within a 300 metre radius of the proposed telecommunication antenna structure. Exceptions to the Notification Area Requirement: The District anticipates that, in certain cases, it may be reasonable to reduce the 300 metre notification area. This may involve, but is not limited to, proposed telecommunication antenna structures where the location is separated and or buffered from residential properties within the 300 metre notification area by: - significant or extensive topographical features; - a major transportation or utility corridor; - tall buildings that will block all or most of the proposed telecommunication - antenna structure’s visibility from those residential properties beyond them; or - substantial tree cover that will block all or most of the proposed - telecommunication antenna structure’s visibility from those residential properties beyond them. Any reduction of the 300 metre notification area will be at the discretion of the District and must be negotiated with the District by the proponent at the pre- submission consultation stage. Public Consultation Meeting Notification: When a public consultation meeting is required, the proponent shall issue a notification in written form in accordance with this Protocol and deliver it, either by regular mail service or by hand, to all affected residential properties within the notification area. If the notification is to be given by regular mail service, it must be sent out at least 21 days prior to the date of the public consultation meeting event. If the notification is to be hand delivered, it must be delivered to the affected residential properties at least 14 days prior to the date of the public consultation meeting event. It is recommended that the proponent keep a log of the mail out, addresses, dates and times. 20 Notification Form and Content: A written public consultation notification shall be sent out in an envelope addressed to the “Occupant” and shall clearly show in bold type on the face of the envelope the statement: A CELL TOWER IS PROPOSED WITHIN 300 METRES OF THIS RESIDENCE. YOU ARE INVITED TO A PUBLIC MEETING. INFORMATION IS ENCLOSED. No advertisement shall be on the outside of the envelope. The notification shall include, as a minimum, the following information: - the date, time and place where the public meeting will be held; - any agenda or itinerary for the meeting; - the name and telephone number of the proponent’s representative as a contact - for the public; - information about the size, type, location on the site and diameter of the proposed telecommunication antenna structure, as well as the number and type of antenna arrays to be mounted (such as pin wheel mounted, cluster mounted, etc.), including any potential for future antenna arrays and co-location opportunities; and - any other material the proponent deems appropriate to inform the public. Details should also be provided to show the proposed telecommunication antenna structure and its associated equipment shelter(s) in context with the area immediately adjacent. In this regard, presentation of accurately scaled photographic simulations depicting the proposed facility and its environs is also recommended, but is not a mandatory part of the notice. Public Meeting Format: It is solely the responsibility of the proponent, at its own cost, to arrange, organize and conduct a public consultation meeting. The proponent may conduct the meeting in either a formal manner or an open house format. A formal meeting entails the public seated facing the proponent’s representatives, who provide information concerning the proposed telecommunication antenna structure and answer questions about the proposal and telecommunications in general. An open house format involves a meeting with no formal seating provided and the public being free to walk through a series of displays providing information about the proposal and telecommunications in general. The proponent’s representatives must be available to discuss issues and answer questions. The District recommends the following information be provided: - the location of the telecommunication antenna structure; - why / how the location was chosen; - what other locations were considered and why they weren’t chosen; - an aerial photograph or plan showing the proposed location of the telecommunication antenna structure, the notification area and the properties within the notification area that received a notice of the meeting; 21 - the height, type of telecommunication antenna structure, colour, materials, type and number of telecommunication antennas (including future antennas) and co- locations; - a site plan showing where on the property the telecommunication antenna structure will be situated; - plans showing the design and appearance of the telecommunication antenna structure and any equipment shelters, cabinets, compounds, fencing and landscaping to be installed; - accurately scaled photographic simulations showing the property with and without the telecommunication antenna structure in place; - the name, phone number, e-mail address and fax number of a contact person employed by the proponent; - health and safety information regarding radio frequency transmission (Safety Code 6); - technical information regarding radio frequency transmission as it relates to cell phone and cell tower functions; - the time frame within which questions, concerns and comments will be received and addressed by the proponent after the meeting and prior to making a submission; - any other material that the proponent considers important to best inform the public regarding its proposal. Proponent Obligations After Meeting: Following a public consultation meeting, the proponent must respond to any concerns or issues arising from it. It is recommended that 10 working days be allowed to ensure time for receiving and responding to any concerns from the public arising as a result of the meeting. Subsequently, the proponent may proceed with a submission to the District. Where a public consultation meeting has been conducted and the proponent proceeds with a telecommunication antenna structure submission, a brief containing the names and addresses of all attendees at the public consultation meeting must be included. A copy of any agenda, presentation, minutes or similar record may also be included at the proponent’s discretion; however, the brief must document the topics discussed, concerns raised, resolutions reached and, where arising, any outstanding issues that could not be resolved. The proponent must demonstrate how the issues have been addressed and subsequently resolved or, where issues have not been resolved, the brief must explain why. 1 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 5, 2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: 2013 Area Planning Options I. EXECUTIVE SUMMARY: In February 2012, Council received a report that provided an overview of the Official Community Plan (OCP) Area Planning policies; the recently adopted Council Policy 6.30 Area Planning Assessment; and a discussion on the work-plan priorities for 2012. At that time, Council had received a number of requests to undertake an area plan for Hammond that was not included in the Planning Department’s 2012 Business Plan. Council Policy 6.30 identifies five criteria that are intended to assist Council in selecting the next location within the District that will undergo an area planning process. Part of that process is for Council to consider area planning work as part of their annual business planning discussions (refer to Appendix A attached). This report provides Council with an overview of the policy framework for area planning ; an evaluation of three neighbourhoods previously identified by Council as neighbourhoods potentially warranting an Area Plan; and a discussion on the potential timeline implications for beginning the next area planning process. II. RECOMMENDATIONS: THAT: 1. the Albion Flats be reaffirmed as the priority for the preparation of an Area Plan; 2. the Hammond neighbourhood be identified as the next location for an Area Plan, based on the criteria established in Council Policy 6.30; and 3. Staff be directed to prepare a report outlining the area planning process for Hammond following clarification from the Agricultural Land Commission on the ALR exclusion applications for the properties north of 105th Avenue. III. BACKGROUND: Currently the Official Community Plan contains three area plans for the District – Town Centre, Albion and Silver Valley. The Official Community Plan also contains a commitment to the preparation of Area Plans, and contains policies to guide an area planning framework. An area plan provides a greater level of planning with respect to land uses, densities and form and character guidelines (through Development Permit Areas) then found in the OCP policies. An area 2 plan can be for one neighbourhood or for a group of neighbourhoods and is effective for established and/or historic neighbourhoods or for newly emerging areas of the District. Pursuant with the Official Community Plan policies, in 2009 and 2010 Council gave consideration to the creation of an Area Planning Assessment policy. This policy was intended to build upon the Official Community Plan policies, and identify the framework for how and when areas would be selected. Council Policy 6.30 was approved in October 2010, and is now used as a guide for evaluating the selection of future area plans. At the January 17, 2012 Public Hearing, a number of residents had requested that Council consider undertaking an area plan for the Hammond neighbourhood. At the January 24, 2012 Council meeting, staff was directed to provide information on area planning at the next Council Workshop. In February 2012, Council received a report entitled “Area Planning Prioritization – Update” which provided an overview of the area planning program within the Official Community Plan, the newly adopted Council Policy 6.30 – Area Planning Assessment, and confirmation that the Commercial and Industrial Strategy was Council’s priority project for 2012. The report also included an area planning discussion regarding the Albion Flats and Hammond. Based on Council’s direction, the Albion Flats will proceed first with the District submitting an ALR exclusion application and following the ALC’s decision, an area planning process. The report outlined that while there had recently been requests to Council to undertake an area plan in Hammond, that completing the Zoning Bylaw Review, Commercial and Industrial Strategy, Albion Flats process, Regional Context Statement and Affordable Housing Strategy were felt to be higher priority projects for 2012. As many of the above noted studies are well underway or nearing completion, this report provides Council with a discussion of options for future area plans based on the criteria included in Policy 6.30 Area Planning Assessment (Appendix A). a) Policy Context – Official Community Plan Chapter 10 of the Official Community Plan outlines the Principles, Objectives and policies associated with the preparation of area plans within the District. The following four OCP Principles provide a framework for future area plans: Principle 6 The community recognizes the need to foster the history of Maple Ridge and enhance historic areas. Principle 10 Citizens keenly appreciate the importance of public participation in community and neighbourhood planning processes. Principle 12 Collaboration with other authorities, including but not limited to the ALC and GVRD [Metro Vancouver], is essential too ensuring that municipal objectives can be met. Principle 31 It is important to undertake detailed planning work on the basis of neighbourhood planning. Chapter 10 of the OCP also includes the following Objectives and Policies that guide the area planning program and approach: 3 Objectives:  To develop area plans to guide redevelopment of existing neighbourhoods and to provide direction for new development in an urban reserve area.  To utilize a consultative approach to area planning that involves working cooperatively with Provincial and Regional agencies, School District, community groups and residents. Policies: 10-1 The historic and new communities identified in the Communities map (Figure 1 [of the OCP]) will form the general boundaries for the preparation of future area plans. The area plans map (Figure 6 [of the OCP]) identifies existing and potential future area plans. This figure does not preclude the District from undertaking an area plan for any other portion of the District. 10-2 Maple Ridge will initiate the creation of area plans as a means to guide development: a) The Regional Town Centre will be one of the first area plans due to its significance and high capacity to accommodate residential growth. b) Priority consideration will be given to an area in transition, neighbourhoods that present the greatest opportunities for redevelopment, or areas where Guide Plans are in existence; c) Area plans will be developed for the historic communities of Maple Ridge including Hammond, The Ridge, Port Haney/Haney; Albion, Yennadon, Webster’s Corners, Whonnock and Ruskin; d) The Thornhill area is recognized as [a] new Community that requires an area plan prior to urban development occurring in the area. This area plan is a long-term priority for the District and will be initiated in accordance with the Thornhill Urban Reserve policies of the Official Community Plan [policies 3-22 to 3-26]; and e) Subsequent area plans will be based on a consideration of each area’s suitability for accommodating residential intensification. 10-3 Area Plans will be developed utilizing a consultative approach that involves working cooperatively with Provincial and Regional agencies, School District, community groups and residents and will include, but not be limited to the following: a) Policies relating to the types and form of development, land use patterns and phasing; b) Physical inventory of the site including an assessment of environmentally sensitive areas, ecosystems and the impact of development; c) And assessment of existing and future infrastructure, and fiscal impact analysis study; d) A transportation study that addresses road connections, transit and alternate modes of travel and connections to the Regional Town Centre; e) An assessment of parks and open space; and f) The provision of community amenities. During the preparation of the Official Community Plan, the decision was made to incorporate area planning as the framework for detailed land use planning. As a result, the land use designations included on Schedule “B” Generalised Future Land Use of the OCP have been kept at a general level – such as Urban Residential and Commercial, instead of providing a finer-grain of land uses that are associated with specific density provisions. The area planning policies included in the OCP and outlined above provide the basis from which to undertake detailed land use planning that incorporates a variety of types of commercial, mixed use 4 and residential land use categories. This approach also encourages a greater degree of community input in focused conversations related to land use mix, residential densities and commercial activities within the neighbourhood under study. The area planning framework also enables clearly - defined development permit guidelines to be prepared that reflect the individual characteristic s of that neighbourhood or collection of neighbourhoods within the area covered by the plan. b) Council Policy 6.30 Area Planning Assessment Pursuant with Official Community Plan policies, in 2009 and 2010 Council gave consideration to an Area Planning Assessment policy. This policy built upon OCP policies, and identified the framework for how and when areas would be selected for an area planning process. Council Policy 6.30 – Area Planning Assessment, approved in October 2010, establishes a set of criteria that is to be used to identify an area within the District that should be given priority for an area planning process. A copy of the Policy has been included in this report as Appendix A for Council’s information. The key evaluation criteria included in the Policy is as follows: 2. Area Planning priority will be given to an area that exhibits some or all of the following criteria: i. that is in transition; experiencing increases in development applications that are inconsistent with the Official Community Plan; or is impacted by policy changes, demographic changes , or significant transportation / infrastructure improvements to the area; ii. that does not have an existing Area Plan; iii. where the area plan is intended to further the goals and objectives identified within the Official Community Plan, or is identified as a future work item in the Official Community Plan; iv. with changing student enrolment in the School District catchment area; v. where the project is consistent with the Corporate Strategic Plan and Council adopted Business Plans. Other key components of the policy include the requirement that requests for Area Planning are to be considered as a package during business planning, and that a report is to be prepared assessing an areas compliance with the Policy. The Policy also notes that the District will typically undertake one area planning process at a time. c) Post Official Community Plan Adoption Area Plan Discussion Since the adoption of the Official Community Plan, there has often been discussion regarding potential areas that may warrant an Area Plan. As noted earlier in this report, during the January 2012 Public Hearing, area residents requested that Council undertake an area plan for the Hammond Neighbourhood. During the Regional Growth Strategy review, there was consider able discussion regarding the guideline population projections in the strategy, and it was noted that densification of areas such as Hammond would likely be important in reaching these targets. The Albion Industrial area has also been the subject of discussion, noting that this area is already designated for Business Park use, and is awaiting the outcomes of the Commercial Industrial Study. Based on these earlier discussions, a table has been prepared which evaluates the above mentioned neighbourhoods, against the Area Planning Assessment policy. The Albion Flats Area Plan is included on the chart, as that process is expected to commence following the Agricultural Land Commissions decision on the District Exclusion Application (refer to Appendix B Area Planning Assessment Matrix). 5 IV. EVALUATION Future Area Plan Locations Appendix B (attached) provides a summary of the Area Planning Assessment criteria for the three areas identified through earlier Council discussions and as illustrated on the map located in Appendix C (attached). Hammond, Albion Flats and the Albion Industrial Area have been included in the evaluation. Albion Flats: A concept plan for the Albion Flats area of the District was approved by Council in 2011. The area has only seen 3 Official Community Plan and Rezoning applications since 2006, resulting in 487 dwelling units. Future development within the Albion Flats is dependant on exclusion from the Agricultural Land Reserve. Currently there are two exclusion applications on private properties north of 105th Avenue, but they are not expected to be considered by the South Coast Panel until early 2013. The timing of initiating an area planning process for the Albion Flats is dependant on the success of the District’s ALR exclusion application and Metro Vancouver Regional Board approvals, outlined below. At this point, an ALC decision on the exclusion application is not expected until the fall of 2013 at the earliest. The bulk of the Area Planning process of the project will commence after that decision. This will affect the timing for area planning in Hammond. This area plan is consistent with Council’s Strategic Plan goal of Economic Development in that it results in employment opportunities, and contributes to the balance of land uses within the community. Given Council’s previous resolutions regarding the Albion Flats, and the policy that states that typically, only one area planning process is undertaken at a time, it is assumed that the Albion Flats will remain the next area plan process for the District. In the event, that the Agricultural Land Commission not approve the District’s exclusion application or the applications to the north of 105th Avenue, staff would prepare a report identifying options for proceeding with the area planning process in the Albion Flats and the timing implications for Hammond. Required Agency Approvals: Agricultural Land Commission Prior to initiating an area planning process within the Albion Flats area, a decision from the ALC regarding an exclusion application for the District’s lands is needed in order to determine the extent of the planning boundaries. With the significant reduction in resources allocated to application review and processing at the Agricultural Land Commission, it will be very difficult to assess when an area planning process could begin following a decision on the District’s exclusion application. 6 Metro Vancouver – Regional Growth Strategy and Regional Context Statement Amendments Working from the assumption that the ALC would approve the District’s exclusion application, following that decision the District would also be required to submit a revised Regional Context Statement and amendment to the Regional Growth Strategy. Currently the Albion Flats area is identified in the RGS as a ‘Special Study Area’ but an amendment would be required to change that designation to General Urban. Section 6.3 of the RGS outlines the categories of Regional Growth Strategy amendments. Since the Albion Flats area is designated as a ‘Special Study Area’, it would be considered a Type 3 Minor Amendment to the RGS. Approval for this type of amendment requires a 50%+ 1 weighted vote of the Metro Vancouver Board and do not require a regional public hearing. As recently discussed with Council, the preparation or amendment of the District’s Regional Context Statement is an amendment to the Official Community Plan and as such, must follow the process – including early and ongoing public consultation – outlined in Part 26 of the Local Government Act. Hammond: The Hammond area forms the south-western boundary of the District. Prior to 2006 there was a District initiated amendment to the Official Community Plan to re-designate a considerable portion of the area from Commercial to Residential. The amendment was necessitated to address issues relating to the non-conforming status of many of the single family residences in the area, as well as to respond to an Economic study stating that the area was over-supplied with Commercial designated land. Since 2006, this area has experienced development applications that are inconsistent with the Official Community Plan. At the January 2012, Public Hearing, Council heard from area residents commenting on an OCP and Rezoning application to permit a 36 unit apartment building, in an area predominately designated for single detached residential use. It was at this Public Hearing that the request to consider Hammond for a future area plan was made. Elementary aged children in the Hammond neighbourhood fall within the Hammond Elementary Catchment area boundary. Hammond Elementary is designed to accommodate 475 children and has 448 currently enrolled (94.32% capacity). Information on school projections was not available at the time of drafting this report, but discussions with School District staff noted that as a rule, schools in the western part of Maple Ridge are experiencing declining enrollment. This information will be confirmed at a later date. This neighbourhood has the historic commercial centre for the area, and contains significant industrial lands. In addition, area residents have noted that they have been both positive ly and negatively impacted by the construction of the Golden Ears Bridge. An area plan in the Hammond Neighbourhood would be consistent with the Corporate Strategic Plan because residential densification contributes to the goal of Smart Managed Growth in the Community and the commercial and industrial areas contribute to the goal of Economic Development. A Regional Growth Strategy amendment would not be required as part of the Hammond Area Plan unless changes to the industrial areas within Hammond were being proposed. 7 Albion Industrial Area: During the discussion leading up to the Albion Flats concepts plan, there was considera tion to the study area boundaries for the Albion Flats. During that time it was noted, that while the Albion Industrial area is contiguous to the Flats, it is located within the Urban Area Boundary; is fully serviced; and is designated for Business Park in the Official Community Plan. At this point, the District is undertaking a Commercial and Industrial review, which includes an analysis of this area. Recent discussions with the Consultant acknowledge that this area is key to providing industrial lands into the future, noting that the Industrial land use should not change, unless additional lands are identified elsewhere in the District to replace them. Until that time, these lands should remain part of the industrial supply in the community. An area plan for the Albion Industrial area would be consistent with the Corporate Strategic Plan goal pertaining to Economic Development because it would result in the retention and expansion of businesses, and job creation within the community. A Regional Growth Strategy amendment would not be required in the Albion Industrial area unless changes to the industrial land uses were being proposed. V. OTHER CONSIDERATIONS: a) Citizen/Customer Implications: As identified in the above noted policies, the approach for area planning will focus on community consultation and participation in the planning and decision-making process. The process will seek input from a wide range of community groups, residents, Provincial and Regional authorities and the School District. Once an area is selected, the details of a consultation program will be outlined in a subsequent process report to Council. b) Interdepartmental Implications: The preparation of a new area plan will involve input from other departments on issues associated with the plan. Generally assistance is most often required from the Engineering and Parks and Leisure Services Departments, with input from other departments as required. c) Business Plan/Financial Implications: Area planning is part of the annual Business Plan discussions with Council. d) Policy Implications: The preparation of a new area plan will constitute an amendment to the Official Community Plan. As such, the legislative requirements for early and ongoing consultation during the development or amendment of an OCP will apply (LGA, Part 26, S. 879). These requirements would be discussed in a future process report. e) Alternatives: Another location for an area plan as identified by Council. 8 VI. CONCLUSIONS: The Official Community Plan establishes area planning as the approach for detailed land use planning. An area plan can be for one neighbourhood or a collection of neighbourhoods and is suitable for developing and established areas within the District. It is intended to provide a greater level of detail and clarity on land use planning components such as land use mix, residential densities, form and character guidelines for residential, commercial and industrial land uses and development phasing with the identified area. Currently, Maple Ridge has three area plans for the Town Centre, Albion and Silver Valley. In addition to the OCP policies, Council Policy 6.30 Area Planning Assessment establishes a list of criteria to be used when determining where and when future area plans will be undertaken. The policy also outlines the process that will be followed once Council had identified the next location for an area plan with recognition that only one area planning process will be underway at a time. This report provides an overview of three areas within the District (Map 1) and a summary matrix of the evaluation included in Appendix B. While preparation of an area plan for the Albion Flats is still the recommended priority, there are a number of significant steps that first must be completed prior to the start of the planning process. At this point, the ALC has received two applications for exclusion north of 105th Avenue. It is recognized that the Commission’s decision on these applications may impact the future land use for the area. Based on the Area Planning Assessment criteria, Hammond has been identified as the next location within the District that would benefit from an area planning process. Once the ALC decisions are known, staff would prepare a report that outlines the timing issues for the Hammond Area Plan. “original signed by Jim Charlebois” _______________________________________________ Prepared by: Jim Charlebois, MURP, MCIP, RPP Manager of Community Planning “original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM Public Works & Development Services “original signed by Frank Quinn” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Council Policy 6.30 Area Planning Assessment Appendix B – Area Planning Assessment Matrix Appendix C – Existing & Potential Area Plans Page 1 of 2 Policy 6.30 POLICY MANUAL Title: Area Planning Assessment Policy No : 6.30 Supersedes: New Authority: Legislative Operational Approval: Council CMT General Manager Effective Date: October 27, 2010 Review Date: 2011 Policy Statement: The District of Maple Ridge is committed to preparing area plans in Maple Ridge. Recognizing that there is a likelihood that the number of requests for area plans may exceed staffing and budgetary resources, the following policy has been created to assist Council in its selection: 1. The decision to undertake an area plan is at Council’s discretion. 2. Area Planning priority will be given to an area that exhibits some or all of the following criteria: i. that is in transition; experiencing increases in development applications that are inconsistent with the Official Community Plan; or is impacted by policy changes, demographic changes, or significant transportation/infrastructure improvements to the area; ii. that does not have an existing Area Plan; iii. where the area plan is intended to further the goals and objectives identified within the Official Community Plan, or is identified as a future work item in the Official Community Plan; iv. with changing student enrolment in the School District catchment area; v. where the project is consistent with the Corporate Strategic Plan and Council adopted Business Plans. 3. Requests for area planning are to be considered as a package during Business Planning. Requests received outside of the business planning cycle, and/or during an active area planning process will be considered premature, and will be held until the appropriate Business Planning cycle. All requests will be accompanied by a staff report assessing the areas compliance with the “Area Planning Assessment Policy”. The report will also identify emerging issues in the community that may pertain to the request. 4. Once an area has been selected to undergo an Area Planning Process, a staff report identifying the public consultation process; elements and issues to be addressed in the Plan; geographic boundary of the planning area; and scale of detail to be incorporated in the Land Use schedule will be prepared for Council’s endorsement. 5. The District will typically undertake one area planning process at a time, and an area planning process should not be undertaken during an Official Community Plan review. Page 2 of 2 Policy 6.30 Purpose: To provide a framework to assist Council in the selection of an area(s) for future area planning. Definitions: Area Planning - is defined in the Maple Ridge Official Community Plan as “an Official Community Plan that applies to a local planning area”. Refer to Chapter 10.1 of the Official Community Plan. Planning Area – refers to the geographic area being requested, and/or considered for an area planning process. Key Areas of Responsibility Action to Take Responsibility Albion Flats Hammond Albion Industrial Area 2.i In Transition ü ü X 2.i OCP amendments ü ü X 2.i Demographic changes X ü X 2.i Infrastructure improvements X ü X 2.ii No existing Area Plan ü ü ü 2.iii To further OCP Goals ü ü ü 2.iii Future OCP work item ü ü X 1 2.iv Changing student enrolment X ü X 2.v Corporate Strategic Plan alignment ü ü ü 1 This may change as a result of the Commercial Industrial Study Policy Criteria Appendix B: Area Planning Assessment Matrix City of PittMeadowsDistrict ofLangleyDistrict of MissionFRASER R.Fraser RiverFraser RiverFraser RiverA louetteRiverWhonnockCrNorthAlouetteRiverNorthAlouetteRiverAlouetteRiverAlou e t t e R iv e rKanakaCreekKanakaCreekWhonnockLakeWhonnockCrCity of Pitt MeadowsDistrict of Maple RidgeDistrict of Maple RidgeDistrict of Mission232 ST128 AVE104 AVE248 STEARSWAYLOUGHEED HWY112 AVEDEWDNEY TRUNK RDDEWDNEY TRUNK RDLOUGHEED HWY284 STGOLDEN228 ST232 ST102 AVE256 ST264 ST264 ST123 AVE210 ST128 AVE224 ST144 AVE224 ST240 STFERN CRES104 AVE272 ST280 STGOLDEN E A R S W A Y203 ST 207 ST LAITY STLOUGHEED HWY100 AVE124 AVE216 ST132 AVE240 ST248 ST256 ST112 AVE132 AVEHANEY BYPASS232 ST272 STDATE: Nov 1, 2012 FILE: Areas.mxd BY: DTThe Corporation of the District of Maple Ridgemakes no guarantee regarding the accuracyor present status of the information shown onthis map.CORPORATION OFTHE DISTRICT OFMAPLE RIDGEPLANNING DEPARTMENT´HammondSilverValleyTown CentreAlbionFlatsAlbionExisting & Potential Area PlansAlbionIndustrial AreaProcess UnderwayExisting Area PlansAppendix C District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 13, 2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Council SUBJECT: Animal Control Bylaw No. 6908-2012 EXECUTIVE SUMMARY: On October 23, 2012 Council gave first, second and third readings to Animal Control Bylaw No. 6908-2012. Section 8 of Schedule E has the following wording: 8. (g) Felidae, except the domestic Cat, including Savannahs and Servals Legal counsel has advised that the Savannah is listed by the International Cat Association as a registered breed while the Serval is not. Legal counsel further advised that the following wording would suffice to capture all non-domestic cats. 8. (g) Felidae, except the domestic Cat. Three section references also require amendment. It is therefore recommended that the readings of Bylaw 6908-2012 be rescinded, the bylaw be amended as detailed, and the bylaw as amended be given three readings. The amended sections are attached and highlighted. RECOMMENDATION: That first, second and third readings of Bylaw No. 6908-2012 be rescinded; and That the wording on Schedule B referencing “section 7.2.1(a)”be amended to “section 6.5.1(a); and That the wording on Schedule C referencing “section 7.2”be amended to “section 6.5.1(b), (c) and reference to “section 6.2” be amended to “section 6.1”; and That Schedule E, Section 8.(g) be amended to remove the words “, including Savannahs and Servals”; and further That Bylaw No. 6908-2012 as amended be given first, second and third readings. “Original signed by E.S. (Liz) Holitzki” ____________ Prepared by: E.S. (Liz) Holitzki Director: Licenses, Permits and Bylaws “Original signed by Frank Quinn” ______________ Approved by: Frank Quinn, MBA, P.Eng. General Manager: Public Works and Development Services “Original signed by J.L. (Jim) Rule _______________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer Animal Control and Licencing Bylaw No. 6908-2012 30 Schedule B – Prohibited Areas Pursuant to section 7.2.1(a) 6.5.1(a), Dogs are prohibited in the following areas: 1. In, on, or within 5 meters of: (a) Playgrounds (b) Sports Fields (c) Municipal Golf Courses (d) Tennis or Basketball Courts (e) Wading Pools (f) Recreational Swimming Beaches (g) Food Service Areas or Concessions (h) Picnic Eating Areas and Picnic Shelters (i) Municipal and Public Buildings (including daycares, recreation, and community centres) 2. Haney Wharf Park Animal Control and Licencing Bylaw No. 6908-2012 31 Schedule C - Off Leash Areas Pursuant to section 7.2 6.5.1(b),(c), a Commercial Dog Walker is permitted to walk in the following parks or public trails during the posted park or trail operating hours. Pursuant to section 6.2 6.1 a maximum of three (3) Dogs per Owner are permitted off leash and under immediate control of an Owner. 1. Jerry Sulina Park (13200 210 St) 2. Volker Park (21113 123 Ave) 3. Albion Fairground Park (23778 104 Ave) 4. Other areas so designated by the District from time to time provided there is adequate signage stating and designating the area of the “Off Leash Park.” Animal Control and Licencing Bylaw No. 6908-2012 35 7. All millipedes, centipedes, mantids, stickbugs, and mafagascar hissing cockroaches. 8. The following species: a. Canidae, (wolves, jackals, foxes and hybrids there of), except the domestic Dog b. Cetacean, (beluga whale, orca whale, dolphin) c. Chiroptera, (bats, including flying foxes) d. Edentates, (anteaters, sloths and armadillos) e. Elephantidae, (elephants) f. Erinacidae, except the African pigmy hedgehog g. Felidae, except the domestic Cat, including Savannahs and Servals h. Hyaenidae (hyenas) i. Lagomorphs (Rabbits, hares and pikas), except the domestic Rabbit j. Marsupials (kangaroos, opossums and wallabies), except sugar gliders derived from self-sustaining captive populations k. Mustelidae (mink, skunks, otters, badgers and weasels), except the domestic ferret l. Pinnipeds, (seals, fur seals and walruses) m. Primates (gorillas, chimpanzees, lemurs and monkeys) n. Procyonidea (raccoons, coatimundi and cacomistles) o. Raptors, diurnal and nocturnal (eagles, hawks, owls, osprey, falcons, kites, vultures and buzzards) p. Ratites (ostriches, rheas and cassowaries) q. Rodentia (porcupines and prairie Dogs), except rodents which do not exceed 1,500 grams and are derived from self-sustaining captive populations r. Ursidae (bears) s. Viverridae (mongoose, civets and genets) ** the Animals listed in brackets are examples only and do not limit the generality of the listed class of species. District of Maple Ridge Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 Effective Date: November 13, 2012 District of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 Table of Contents Part 1 Citation............................................................................................................. 2 Part 2 Severability ...................................................................................................... 2 Part 3 Previous Bylaw Repeal .................................................................................... 2 Part 4 Definitions ........................................................................................................ 3 Part 5 Interpretation ................................................................................................... 8 5.1 Authority of an Animal Control Officer ................................................................ 8 5.2 Animal Control Facility ......................................................................................... 8 5.3 Animal Control Officer Duties ............................................................................. 9 5.4 Exempt Animals ................................................................................................... 9 5.5 Exempt Facilities ............................................................................................... 10 Part 6 Regulations Applicable to the Keeping and Licencing of Dogs ..................... 10 6.1 Number of Dogs Allowed................................................................................... 10 6.2 Licencing ............................................................................................................ 10 6.3 Revocation of a Dog Licence ............................................................................ 11 6.4 Exemption .......................................................................................................... 12 6.5 Dog Walking ....................................................................................................... 12 6.6 Dog in Heat ........................................................................................................ 12 Part 7 Regulations Applicable to All Animals ........................................................... 13 7.1 Running At Large ............................................................................................... 13 7.2 Animal waste ..................................................................................................... 13 7.3 Protection of animals ........................................................................................ 13 7.4 Transportation of animals ................................................................................. 14 7.5 Trapping ............................................................................................................. 14 7.6 Diseased animals .............................................................................................. 14 7.7 Dangerous Animals and Aggressive Dogs ....................................................... 15 7.8 Guard Dogs ........................................................................................................ 16 Animal Control and Licencing Bylaw No. 6908-2012 2 Part 8 Impoundment ................................................................................................ 17 8.2 Disposal ............................................................................................................. 18 Part 9 Other Animals ................................................................................................ 18 9.1 Prohibited Animals Keeping, Breeding, Sale and Purchase of ...................... 18 Part 10 Cats ................................................................................................................ 19 Part 11 Livestock ........................................................................................................ 19 Part 12 Boarding Kennels .......................................................................................... 20 Part 13 Pet Stores ...................................................................................................... 20 13.1 Duties of a Pet Store Operator - General ......................................................... 20 13.2 Duties of a Pet Store Operator – Segregation of Ill or Injured Animals ......... 22 13.3 Duties of Pet Store Operator – Veterinary Care .............................................. 23 13.4 Duties of Pet Store Operator – Pet Store Register .......................................... 23 13.5 Duties of Pet Store Operator – Information Provided to Purchasers ............ 24 13.6 Duties of Pet Store Operator – Reptiles .......................................................... 25 13.7 Pet Store Operator – Prohibitions .................................................................... 26 Part 14 Offence and Penalty ...................................................................................... 26 Schedule A - Fees & Charges .......................................................................................... 28 Schedule B - Prohibited Areas……………………………………………………………………………..30 Schedule C - Off Leash Areas………………………………………………………………………………31 Schedule D - Application for Release of Aggressive Dog……………………………………….32 Schedule E - Prohibited Animals………………………………………………………………………….34 Animal Control and Licencing Bylaw No. 6908-2012 1 District of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 A bylaw to provide for the regulation, keeping, breeding, sale, purchase, displaying and impounding of animals within the municipal boundaries of the District of Maple Ridge under the Community Charter. WHEREAS the Council of The District of Maple Ridge deems it expedient to provide for a bylaw for the provision of services, the regulation, impoundment, display and protection of animals, and the licencing of dogs within the municipal boundaries of the District; And WHEREAS paragraph 8 (3) (k) of the Community Charter, SBC 2003, c. 26 provides general authority to regulate, prohibit and impose requirements by bylaw in relation to animals; And WHEREAS Section 47 of the Community Charter provides that a bylaw passed under section 8 (3) (k) may establish different classes of animals on the basis of sex, age, size or breed. And WHEREAS Section 48 of the Community Charter provides authority for the seizure of animals and related powers; And WHEREAS the Council has received complaints and reports of unprovoked attacks on other Animals and persons by Dangerous or Aggressive Dogs; NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows: Animal Control and Licencing Bylaw No. 6908-2012 2 Part 1 Citation 1.1 This bylaw may be cited as Animal Control and Licencing Bylaw No. 6908- 2012. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Maple Ridge Large Animal Pound Bylaw No. 2518-1977; 3.2 Maple Ridge Exotic Animal Bylaw No. 5755-1999; and 3.3 Maple Ridge Dog Pound and Dog Control Bylaw No. 4524-1991, and the following amendment bylaws are hereby repealed: Amendment Bylaw Effective Date Bylaw No. 2766-1980 February 18, 1980 Bylaw No. 3476-1984 November 5, 1984 Bylaw No. 4647-1992 February 3, 1992 Bylaw No. 5050-1994 December 19, 1994 Bylaw No. 5268-1995 May 9, 1995 Bylaw No. 5299-1995 September 26, 1995 Bylaw No. 5468-1996 October 8, 1996 Bylaw No. 5584-1997 July 15, 1997 Bylaw No. 5873-1999 January 25, 2000 Bylaw No. 6004-2001 February 12, 2002 Bylaw No. 6422-2006 November 28, 2006 Bylaw No. 6463-2007 February 13, 2007 Bylaw No. 6582-2008 June 24, 2008 Bylaw No. 6628-2008 November 25, 2008 Bylaw No. 6693-2009 January 12, 2010 Animal Control and Licencing Bylaw No. 6908-2012 3 Part 4 Definitions 4.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: “Aggressive Dog” means (a) a dog that has attacked, bitten or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so; or (b) a dog that has bitten, killed or caused injury to a domestic animal; or (c) a dog that has aggressively pursued or harassed a person or domestic animal; or (d) a dog with a known propensity to attack or injure a person without provocation; or “Altered” means a female animal that has been spayed or a male animal that has been neutered. “Animal Control Officer” means a Bylaw Enforcement Officer, SPCA Officer, Peace Officer, Police Officer or Pound Keeper. “At Large” means: (a) in a Public Place listed in Schedule B of this bylaw; (b) in a place other than the premises of the Owner while not on a leash and in the immediate and effective control of the Owner; (c) on any property without the consent of the registered owner or occupier of that property; or (d) being in a designated off-leash area, where permitted, but not under the immediate and effective control of the Owner. “Breeding” means the process of mating dogs or animals to produce, by deliberate selection, offspring for the purposes of sale or remuneration. “Captive Bred” means bred in captivity such that both parents were in human care at the time of mating. “Client Dog” means a dog that a Dog Walking Business or Commercial Dog Walker walks for a fee. Animal Control and Licencing Bylaw No. 6908-2012 4 “Commercial Dog Walker” means a person who owns or is employed by a Dog Walking Business, who walks Client Dogs. “Commercial Kennel” means a Kennel limited to the keeping, training, Breeding and Dog Boarding for remuneration or for the purposes of sale, of the number of dogs specified in the licence and not to exceed a density of fifty (50) dogs per site. “Council” means the Council of the District of Maple Ridge. “Dangerous Animal” means an animal: (a) that according to the records of the District, including the SPCA or the Ridge Meadows RCMP has killed or injured a person or Pet, or, without provocation has aggressively pursued or harassed a person; or (b) that to the knowledge of the Owner, has killed or injured a person or Pet, or, without provocation, has aggressively pursued or harassed a person. “Deliver” means to send by regular or registered mail, or to leave with a person, or deposit in a person’s mail box or mail slot at the person’s residence or place of business. “District” means the Corporation of the District of Maple Ridge and the geographical area within the boundaries of the District of Maple Ridge. “Dog Boarding” means to feed, house, and care for a dog for a fee. “Dog Walking Business” means a business that provides a service of walking dogs for a fee. “Enclosure” means a structure at least 1.8 metres (5.9 feet) in height having a solid floor, and wire or steel mesh sides and roof, constructed that it prevents the entry of young children and the escape of a dog, and specifically excludes invisible fencing systems. “Exotic Animal” means an animal as defined in Schedule E of this bylaw. “Guard Dog” means a dog that is specifically trained for or used primarily for the purposes of guarding property, including residential, commercial and industrial property and is registered as a Guard Dog in accordance with this bylaw. “Highway” means every Highway within the meaning of the Transportation Act and amendments thereto; every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles; and every private place or passageway to which the public, for the purpose of Animal Control and Licencing Bylaw No. 6908-2012 5 parking or servicing of vehicles, has access or is invited; and includes disabled zones and the roadway, shoulder, boulevard, ditch and sidewalk and whatever lands lie between the property lines of the Highway. “Impounded” means seized, delivered, received or taken into the Pound or in the custody of the Animal Control Officer as provided for herein. “Inspector” means the Director of Licences, Permits and Bylaws or their designate. “Keep” means the act of having the care, custody, control or possession of an Animal. “Leash” means a chain or other material capable of restraining the animal on which it is being used. “Licence Year” means the period between January 1 and December 31 in any year. “Livestock” includes, but is not limited to: i) a horse, mule, ass, swine, emu, ostrich, llama, alpaca, sheep or goat; ii) domestically reared or kept deer, reindeer, moose, elk, or bison; iii) farm bred fur bearing animals including foxes or mink; iv) animals of the bovine species; v) animals of the avian species including chickens, turkeys, ducks, geese, or pheasants; and vi) all other animals that are kept for agricultural purposes, but does not include Pets. “Medical Health Officer” means a medical health officer designated under section 71 of the Public Health Act. “Muzzle” means a humane fastening or covering device of adequate strength placed over the Dog’s mouth designed to prevent the dog from biting or injuring any person or another animal. “Owner” means a person: i) to whom a licence for a dog has been issued under this bylaw; or ii) who owns, is in possession of, or has the care or control of an animal, temporarily or permanently; or iii) who harbours, shelters, permits or allows an animal to remain n or about that person’s land or premises; or iv) who is the custodial parent or legal guardian of a child under the age of eighteen (18) years who owns, is in possession of, or has the care or control of a dog. Animal Control and Licencing Bylaw No. 6908-2012 6 “Pet” means a domesticated animal, but does not include Livestock, Poultry, or wildlife as defined under the Wildlife Act. “Picnic Eating Areas and Picnic Shelters” means any area with picnic tables constructed, installed, and maintained by the District. “Playground” means land within the District, or controlled by the District, upon which structures and/or apparatus are placed intended for the use by children including but not limited to swings and slides. “Prohibited Animal” means any animal that is or is deemed to be potentially harmful to humans by nature, aggression, venom, toxins or size and that require specifically designed, secure enclosures to ensure Safekeeping including those prohibited listed on Schedule E. “Poultry” means a chicken, turkey, duck, goose, pigeon, swan or peafowl, but excludes birds that are kept inside a home as Pets. “Pound” means any building or enclosure or place established for impounding Animals by the Council under the provisions of this bylaw. “Pound Keeper” means the person or people appointed from time to time by Council, to be Pound Keeper or the authorized agent of any corporation or society with whom the Council has an agreement to act as Pound Keeper, or any other person or persons that Council may authorize to assist the Pound Keeper to enforce this bylaw. “Public Place” includes but is not limited to any Highway, boulevard or park, or other real property owned, held, operated or administered by the District or by a school district located in the District. “Rabbit” means a domestic rabbit. “Safekeeping” means the provision for security in order to prevent any animal from attacking or injuring a person or domesticated animal or Livestock or exposing same to infection or disease. “Senior” means a person aged 65 years or older. “SPCA” means the Maple Ridge branch of the British Columbia Society for the Prevention of Cruelty to Animals. “Sports Field” means land within the District, or controlled by the District, which is designated and used for the playing of a sport including, but not limited to, basement diamonds, field hockey or cricket pitches, rugby, soccer, or football fields. Animal Control and Licencing Bylaw No. 6908-2012 7 “Swimming Beach” means any beach that is so designated by sign as a beach used for swimming or sunbathing. “Trap” means a device or trap that grips a mammal’s body or body part including, but not limited to, steel-jawed leg hold traps, padded leg hold traps, conibear traps and snares; provided, however that cage and box traps, nets, suitcase-type live beaver traps common mouse and rat traps shall not be considered a trap for the purposes of this Bylaw. “Toxic” means capable of a seriously harmful or fatal reaction in a human adult or child by means of a bite, sting, scratch or physical contract. “Unaltered Animal” means an animal that has not been spayed or neutered. “Under Control” means, in respect of any dog, leashed or unleashed, such circumstances where the dog: i) immediately returns when called by the Owner who owns or has care and control of the dog; and ii) is not aggressive towards, harassing or attacking any person, wildlife, other animal or Pet. “Venomous” means possessing venom which is seriously harmful or fatal to a human adult or child. “Wild Animal” means an animal as defined in Schedule E of this bylaw. Animal Control and Licencing Bylaw No. 6908-2012 8 Part 5 Interpretation 5.1 Authority of an Animal Control Officer 5.1.1 An Animal Control Officer may enter, at reasonable times and with reasonable notice, upon any land in the District for the purpose of: (a) ascertaining whether the requirements of this bylaw are being observed; or (b) seizing and impounding animals under this bylaw. 5.1.2 An Animal Control Officers may seize and impound: (a) Unlicensed dogs; (b) animals unlawfully at large on a Highway or in a Public Place, (c) animals straying or trespassing on private property, or (d) animals on unfenced land and not securely tethered or contained. 5.1.3 No person shall: (a) rescue or attempt to rescue any animal in the lawful custody of an Animal Control Officer; (b) directly or indirectly, delay or interfere with an Animal Control Officer issuing a Municipal Ticket Information or Bylaw Notice; (c) refuse to comply with the lawful direction of an Animal Control Officer; or (d) hinder, interfere with or obstruct an Animal Control Officer acting in the course of his duties. 5.2 Animal Control Facility 5.2.1 Council establishes the SPCA building at 10235 Jackson Road, Maple Ridge (District Plan BCP 43808. Lot A, section 3, Township 12) as the District’s Animal Control Facility and appoints the SPCA to operate and maintain the Animal Control Facility. 5.2.2 Council may from time to time appoint a Pound Keeper for temporarily keeping At Large Livestock and other animals. Animal Control and Licencing Bylaw No. 6908-2012 9 5.3 Animal Control Officer Duties 5.3.1 The Animal Control Officer shall: (a) maintain records of Impounded animals and their disposition; (b) report monthly to the Council, or its designate, on the information maintained in accordance with paragraph (a) of this section and the amount of money collected for poundage fees and proceeds of sales; (c) care for all Impounded animals in accordance with the Animals for Research Act, R.S.O. 1990 c. A. 22, as amended, and the regulations thereunder; (d) collect from the Owner of any Impounded animal, the impound fees and any other fees and charges collected pursuant to the Maple Ridge Fees Imposition Bylaw No. 6748-2010; (e) ensure that every Impounded animal, during its period of detention is supplied with sufficient water and food; (f) ensure any cow or goat is milked at least twice per day; (g) ensure that every Impounded animal suffering an illness or injury receives veterinary care; (h) keep the Pound open for business Monday through Friday from 9:00 am to 6:00 pm, Saturday and Sunday from 9:00 am to 5:00 pm and statutory holidays from 9:00 am to 5:00 pm except in the case of the Livestock Pound Keeper; (i) retain such Dog or large Animal for seventy two (72) hours unless such Dog or Animal is reclaimed in accordance with Part 9 of this Bylaw. 5.4 Exempt Animals 5.4.1 This bylaw does not apply to the following: (a) animals used by government law enforcement agencies; (b) animals being driven or conveyed through and beyond the District; or Animal Control and Licencing Bylaw No. 6908-2012 10 (c) any animal which is regulated or permitted by a valid and subsisting Federal or Province of British Columbia permit or licence. 5.5 Exempt Facilities 5.5.1 Schedule E does not apply to prevent the keeping or Safekeeping of animals at: (a) the premises of the municipal facility used for keeping Impounded animals; (b) the premises of an affiliate or branch of the SPCA; (c) the premises of an accredited veterinary hospital under the care of a licenced veterinarian; (d) the premises of facilities accredited by the Canadian Association of Zoos and Aquariums; or (e) the premises of an establishment licenced pursuant to the Food Safety Act, S.B.C. 2002, c28. Part 6 Regulations Applicable to the Keeping and Licencing of Dogs 6.1 Number of Dogs Allowed 6.1.1 No Owner shall Keep, or permit to be kept, more than three (3) dogs on any parcel except at the Animal Control Facility, or in the lawful and licenced operation of a Pet store, veterinary medical clinic, Pet care establishment, commercial kennel or hobby kennel. 6.2 Licencing 6.2.1 No Owner shall Keep a dog, or permit a dog to be kept, in the District unless a current valid dog licence has been obtained from the District for that dog. 6.2.2 Every Owner of a dog shall in respect of each Licence Year make application to the District for a dog licence on the form provided by the District, and shall pay the fee set out in Schedule “A” as well as all outstanding fines, charges and fees related to the dog. 6.2.3 If a dog is validly licenced outside the District and is moved to the District, the Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. Animal Control and Licencing Bylaw No. 6908-2012 11 6.2.4 If a dog licenced within the District is transferred to a new Owner, the new Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.5 A licence for an Aggressive Dog shall not be issued unless the dog has a microchip or a numeric or alpha-numeric identification tattoo, the details of which must be included in the application for a licence or licence renewal. 6.2.6 Where a licenced dog becomes an Aggressive Dog by operation of this bylaw the Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.7 Every Owner shall ensure that a valid dog licence tag is displayed on the dog at all times by affixing it to the dog’s collar or harness. 6.2.8 If a dog licence is lost, stolen or otherwise rendered unreadable, the dog Owner shall within fourteen (14) days make application to the District to replace the tag and pay the licence replacement fee set out in Schedule “A”. 6.2.9 Every dog licence issued under this bylaw expires on the thirty first (31) day of December in the year it was issued and is valid only for the dog for which it is issued. 6.2.10 No dog licence shall be issued to or in the name of any person under the age of eighteen (18) years. 6.2.11 Dogs used as a guide animal pursuant to the Guide Animal Act are exempt from the licencing fees. 6.3 Revocation of a Dog Licence 6.3.1 An Inspector may revoke a licence if: (a) an Owner fails to pay any impoundment fees in relation to their dog; (b) an Owner has obtained more Licences than permitted on one lot; (c) a person under the age of eighteen (18) falsely registered a dog in his name; or (d) subsequent to licensing, a dog is found to be or becomes an Aggressive Dog. Animal Control and Licencing Bylaw No. 6908-2012 12 6.3.2 A person whose dog licence has been revoked under this bylaw shall be given written notice, delivered to the address indicated on the dog licence application. 6.3.3 Should an Owner whose dog licence is revoked for a reason other than failing to pay any required fees, wish to contest the revocation, that person must within seven (7) days of the date of the notice, inform the District’s Clerk in writing that he or she wishes to appear before Council to contest the revocation. Upon hearing from the Owner, staff and any other affected persons, Council may affirm, vary or revoke the licence revocation. 6.4 Exemption 6.4.1 Section 6.1 and 6.2 do not apply to: (a) A dog established by the Owner to be under the age of four (4) months; and (b) A dog kept at the Animal Control Facility, or in the lawful and licenced operation of a pet store, veterinary medical clinic, or pet care establishment. 6.5 Dog Walking 6.5.1 No Owner shall: (a) allow a dog to be in a place that is listed in Schedule “B” of this bylaw; (b) fail to keep a dog Under Control in an area listed in Schedule “C” of this bylaw; (c) walk more than three (3) Dogs in any Public Place at any one time. 6.6 Dog in Heat 6.6.1 The Owner of a female Unaltered Dog shall at all times when the dog is in heat either: (a) keep the dog securely confined indoors or within a building or enclosure which will prevent the escape of the dog or the entry of other dogs; or (b) keep the dog securely on a leash while it is being walked off the Owner’s property. Animal Control and Licencing Bylaw No. 6908-2012 13 Part 7 Regulations Applicable to All Animals 7.1 Running At Large 7.1.1 The Owner of an animal, with the exception of a cat, shall not allow or permit that animal to be At Large. 7.2 Animal waste 7.2.1 Where an Animal deposits excrement on any place, other than the property of the Owner, the Owner shall immediately remove the excrement and dispose of it in a sanitary manner. 7.3 Protection of animals 7.3.2 Every Owner of an animal shall ensure that the animal is provided with: (a) clean, potable drinking water at all times, and suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; (b) clean and disinfected food and water receptacles that are located so as to avoid contamination by excrement; (c) the opportunity for periodic exercise sufficient to maintain good health; and (d) necessary veterinary care when the animal exhibits signs of pain or suffering. 7.3.3 No Owner shall Keep an animal outside, unless the animal is provided with a shelter that meets the following requirements: (a) protection from heat, cold and wet that is appropriate for the animal’s weight and type of coat; (b) sufficient space to allow the animal the ability to turn about freely and to easily stand, sit and lie in a normal position, and specifically with a length of at least one half (1 ½) times the length of the animal and a height of at least the animal’s height measured from the ground to the highest point of the animal when standing at a normal position plus ten (10%) percent, and a width of at least the same as the animal’s length; and (c) protection from the direct rays of the sun. Animal Control and Licencing Bylaw No. 6908-2012 14 7.3.4 Every Owner of an animal shelter, pen, cage, run area or Poultry pen shall ensure that the area is clean, sanitized, free of vermin, and that all excrement is removed at least once a day. 7.3.5 No Owner shall cause an animal to be hitched, tied or fastened by any rope, chain or cord that is directly tied around the animal’s neck or to a choke or prong collar. 7.4 Transportation of animals 7.4.1 No Owner shall cause or permit an animal to be confined in an enclosed space, including a motor vehicle or boat, unless: (a) fresh air ventilation is provided by a vent or opening at least five hundred (500) cm2 (77.5 in2); and (b) the temperature in the enclosed space does not exceed thirty (30) degrees Celsius. 7.4.2 No Owner shall transport an animal in a vehicle outside of the passenger compartment unless it is confined to a pen or cage, or unless it is secured in a body harness or other manner of fastening to prevent it from jumping or falling off the vehicle or otherwise injuring itself. 7.5 Trapping 7.5.1 No person shall use a Trap in a Public Place within the boundaries of the District. 7.5.2 No person shall use a Trap on private property within the boundaries of the District, except a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations 7.5.3 No person shall sell a Trap within the boundaries of the District, except to a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations. 7.6 Diseased animals 7.6.1 When the Animal Control Officer has reason to believe that an animal is suffering the Animal Control Officer may have the animal examined by a veterinarian and if the examination demonstrates that the animal is suffering he shall order the Owner to have the animal treated or destroyed. 7.6.2 If the Owner fails to comply with the order made by the Animal Control Officer or the treatment provided by the Owner is insufficient Animal Control and Licencing Bylaw No. 6908-2012 15 to address the animal’s suffering, and the Animal Control Officer considers that the animal’s suffering cannot otherwise reasonably be addressed, he may seize the animal and arrange to have the animal humanely destroyed. 7.7 Dangerous Animals and Aggressive Dogs 7.7.1 Every Owner of a Dangerous Animal or an Aggressive Dog shall at all times keep the animal: (a) Securely confined indoors such that the animal cannot escape; or (b) in an enclosed pen or cage that prevents the entry of young children and prevents the animal from escaping, if the animal is not a dog; or (c) in an enclosure as defined by the bylaw if the animal is a dog or enclosed in accordance with section 8.2 of this bylaw if the dog is a registered Guard Dog; or (d) on a leash or tether no more than 1.5 meters (4.9 feet) in length and made of sturdy material not attached to a retracting mechanism held by and under the immediate control of a competent adult skilled in animal control. 7.7.2 In addition to section 7.1.1 (a) every Owner of an Dangerous Animal or an Aggressive Dog shall ensure that the animal wears a Muzzle while in a Public Place. (b) every Owner of an Aggressive Dog shall tattoo or implant an electronic identification microchip in the Animal. A copy of this information contained thereon must be provided to an Animal Control Officer prior to a licence being issued for that Aggressive Dog. (c) every Owner of an Aggressive Dog or Dangerous Dog shall post warning signs which give clear notice of the Dog or Animals presence to anyone visiting the property as follows: i) with lettering stating that a “Dangerous Animal” or Aggressive Dog” on premises”, and the sign shall contain no other “copy” as defined by the Maple Ridge Sign Control Bylaw; Animal Control and Licencing Bylaw No. 6908-2012 16 ii) the lettering on the signs must be clearly visible from the lesser of the curb line or 15 meters (49.2 feet) away; iii) the signs must be posted in each driveway and entrance to the property and, if other than a single family property, at all exterior doors of the building; and iv) the signs must not be larger 1.5 square meters (4.9 square feet), nor smaller than .75 square meters (2.5 square feet). (d) every Owner of an Aggressive Dog or a Dangerous Animal shall build an enclosure on their property as defined by this bylaw. (e) every Owner of an Aggressive Dog or Dangerous Animal shall notify in writing an Animal Control Officer within three (3) days should the Aggressive Dog or Dangerous Animal die or be moved, sold, gifted, transferred to another person. The Owner remains liable for the actions of the Aggressive Dog or Dangerous Animal until such notice is given. (f) every Owner of an Aggressive Dog or Dangerous Animal shall immediately notify an Animal Control Officer when that Dog is running At Large. 7.8 Guard Dogs 7.8.1 Every Owner of a Guard Dog, which is not confined within a locked building on the property, shall ensure that the outdoor area where the Dog is kept is completely fenced by means of a secure fence, constructed in a manner that will Keep the Dog from escaping, with a minimum height of 1.8 meters (5.9 feet), and with gates in the fence secured against unauthorized entry and prevent the Dog from escaping. 7.8.2 Every Owner of a Guard Dog shall post warning signs which give clear notice of the Dogs presence to anyone visiting the property as follows: (a) the lettering in the sign must be clearly visible from the lesser of the curb line or fifty (50) feet away; and (b) the signs must be posted in each driveway or entrance to the property and, if other than a single family property, at all exterior doors of the building. Animal Control and Licencing Bylaw No. 6908-2012 17 7.8.3 Before bringing a Guard Dog into or using a Guard Dog in the District, every Owner of a Guard Dog shall register the Dog with the Inspector as a Guard Dog and record with the Inspector: (a) the address where the Dog is usually kept and the address of each parcel that the Dog will be guarding; (b) the approximate hours during which the Dog will be performing guard duties; (c) the age, sex, breed and Dog licence number of the Dog; and (d) the full name, address and telephone number of the Owner and any other individuals who will be responsible for the Dog while it is on guard duty. 7.8.4 Should any of the information provided under section 6.8.3 need to be changed, the Owner shall communicate the change in writing to the Inspector at least twenty-four (24) hours before the change occurs. Part 8 Impoundment 8.1.1 An Animal Control Officer may: (a) alone or with others, seize, impound or detain an Unlicenced Dog; and (b) seize, impound or detain any licenced Dog or other Animal found to be running At Large. 8.1.2 If an Animal is Impounded under this bylaw: (a) the Owner of an Animal that has been Impounded shall recover the Animal from the Animal Control Facility within three (3) days from the time of impoundment; and (b) The Pound Keeper may sell, transfer, or humanely destroy an Animal after seventy two (72) hours from the day of Impoundment. 8.1.3 The Owner of an Aggressive Dog that has been Impounded pursuant to this bylaw may only reclaim the Dog upon application to the Animal Control Officer with the following: (a) proof of ownership of the Aggressive Dog; and Animal Control and Licencing Bylaw No. 6908-2012 18 (b) proof that the Aggressive Dog has been tattooed or can be identified in accordance with section 8.1.2(b) of this bylaw, or that the Owner consents to allow the Animal Control Facility to tattoo the Aggressive Dog; and (c) payment of the fees set out in Schedule “A”; and (d) delivery to the Animal Control Officer of an executed statement in the form prescribed in Schedule “D” of this bylaw. 8.1.4 In addition to the power to seize and detain a Dog under this bylaw, Bylaw Enforcement Officers are designated as Animal Control Officers under section 49 of the Community Charter, and may seize Dangerous Dogs pursuant to those provisions. 8.1.5 Notwithstanding section 9.1.3 of this bylaw, where a Dangerous Dog is seized pursuant to section 49 of the Community Charter or where the District is otherwise making an application under section 49 of the Community Charter for an order for the destruction of a Dangerous Dog, the Animal Control Officer may refuse to release the Dangerous Dog to the Owner in accordance with section 49 of the Community Charter. 8.1.6 The Owner of a Dog seized or Impounded by the District under section 49 of the Community Charter shall pay the impoundment fees prescribed in Schedule “A” in accordance with the number of days the Animal is Impounded, on a weekly basis. 8.2 Disposal 8.2.1 The Animal Control Officer may sell, dispose of or humanely destroy a Dog seized or Impounded under section 49 of the Community Charter for which the impoundment fees are one (1) week overdue. Part 9 Other Animals 9.1 Prohibited Animals Keeping, Breeding, Sale and Purchase of 9.1.1 No Person shall breed, Keep, sell or purchase an Animal in the District: (a) unless permitted under section 5.4 of this bylaw; (b) that is the product of breeding with a wolf, including wolf/Dog cross; or Animal Control and Licencing Bylaw No. 6908-2012 19 (c) that is an Exotic or Wild Animal unless expressly permitted under Provincial or Federal regulations permitting or licencing. 9.1.2 No Person shall operate or carry on a circus, public show, exhibition, carnival or performance in which Exotic or Wild Animals accompany or are required to perform tricks, fight or participate in performances for the amusement or entertainment of an audience. 9.1.3 Notwithstanding section 10.1.2, nothing contained in this bylaw shall prohibit or restrict the operation of an aquarium or zoological park as accredited by the Canadian Association of Zoological Parks and Aquariums. 9.1.4 No person shall, breed, sell, transfer or exchange, or offer to breed, sell, transfer or exchange, for any consideration whatsoever in the District, either on a temporary or permanent basis, any endangered Animal or any Prohibited Animal or Dangerous Animal. 9.1.5 For the purpose of section 10.1.1 through 10.1.5. Prohibited Animals include any Animal listed in or falling within those classes of Animals listed in Schedule “E” attached and forming part of this bylaw. Part 10 Cats 10.1.1 No Owner shall Keep or permit to be kept more than six (6) weaned Altered Cats on any one parcel, except at the Animal Control Facility, or in the lawful and licenced operation of a Pet store, veterinary medical clinic, or Pet care establishment. Part 11 Livestock 11.1.1 No Owner shall Keep or permit to be kept Livestock except as permitted under the District’s Zoning Bylaw, as amended. 11.1.2 No Owner shall suffer or permit any Livestock owned by him or in his charge to: (a) stray or trespass on a Highway; (b) stray or trespass in a Public Place; (c) stray of trespass on a private place; or (d) graze on unfenced land, unless they are securely tethered. Animal Control and Licencing Bylaw No. 6908-2012 20 11.1.3 Every Owner keeping Livestock shall ensure that: (a) flies and other insects are controlled by good manure management by the use of approved insecticides approved by the Pesticide Branch of the Ministry of Environment Province of British Columbia; (b) both the inside and outside of any building, pen, stable, shed or structure housing Livestock is kept clean; and (c) manure does not accumulate on any parcel except in a properly contained manner so that runoff to public watercourses or onto adjacent properties does not occur. Part 12 Boarding Kennels 12.1 No person shall board dogs in the District overnight for a fee except: (a) in the Animal Control Facility established by the District under section 5.4 of this bylaw; (b) in a veterinary medical clinic for the purpose of medical care of treatment; (c) in a Pet store where dogs are for sale; or (d) in a licenced Commercial Kennel. Part 13 Pet Stores 13.1 Duties of a Pet Store Operator - General 13.1.1 Every Pet store operator shall ensure that: (a) no animal be offered for sale or kept in the store unless the Pet Store Owner has well documented information of the name and address of the person or company from whom the animal was acquired; (b) all persons who attend to the care of Animals have the skills, knowledge, ability, training and supplies necessary for the humane care of such Animals; (c) no Animals are handled by members of the public except under supervision of a Pet store employee; Animal Control and Licencing Bylaw No. 6908-2012 21 (d) there is a documented plan acceptable to the BCSPCA of socializing any puppies or kittens to a home environment if they are not purchased by 12 weeks of age. (e) all Animals are provided with sufficient water, food, shelter, warmth, lighting, cleaning, sanitation, exercise, grooming, veterinary care, and any other care required to maintain the health, safety and well-being of such Animals as prescribed by the SPCA; and (f) all Dogs are walked daily. 13.1.2 Every Pet store operators shall ensure that cages or other places where Animals are kept are: (a) maintained in good repair; (b) kept in a clean and sanitary condition; (c) regularly disinfected and free of offensive and disagreeable odours; (d) kept free of all Animal waste, which the Pet store operator must dispose of in an appropriate manner; and (e) well-ventilated. 13.1.3 Every cage in which an Animal is kept shall be: (a) proportionate in size to the size and species of Animal and allow room for the Animal to stand to its full height, turn around with ease, and perform any other normal postural or behavioural movement and cats and dogs should be able to hold their tails erect when in a normal standing position; and (b) primary enclosures should allow animals to see out but should also provide at least some opportunity to avoid visual contact with other animals; and (c) equipped with appropriate containers for food and water. 13.1.4 In addition to the requirements of subsection 13.1.2, every cage in which a Cat or kitten is kept shall: (a) have a floor with an impermeable surface or other such flooring as is approved by the Animal Control Officer; (b) be constructed to support the weight of the Cat or kitten without bending; and Animal Control and Licencing Bylaw No. 6908-2012 22 (c) have a litter pan made from non-absorbent material or a disposable pan containing sufficient litter. 13.1.5 In addition to the requirements of subsection 13.1.2 and 13.1.3, every cage in which more than one Cat or kitten is kept shall provide an elevated platform, surface or surfaces, of adequate size to hold the occupants. 13.1.6 In addition to the requirements of subsection 13.1.2, every cage in which a Dog or puppy is kept shall: (a) have a floor with an impermeable surface or such flooring as is approved by the Animal Control Officer; and (b) be constructed: i) to support the weight of the Dog or puppy without bending; and ii) so that it can be cleaned and sanitized. 13.1.7 Every cage in which Birds are kept shall: (a) be constructed of materials which are impervious to moisture and easy to clean and disinfect; (b) have a removable, impermeable bottom; and (c) be of sufficient size to enable each Bird to fully extend its wings in all directions. 13.1.8 In addition to the requirements of subsection 13.1.7, every cage in which Finches or Canaries are kept shall: (a) contain two (2) perches, mounted so as to encourage flight between each perch; and (b) have adequate space for the Birds to sit comfortably when all Birds are perched at the same time. 13.2 Duties of a Pet Store Operator – Segregation of Ill or Injured Animals 13.2.1 Every Pet store operator shall provide an area for the segregation of Animals which are injured, ill, or in need of special care, treatment or attention, from other Animals in the Pet store. 13.2.2 In addition to the provisions of subsection 13.2.1, every Pet store operator who has an Animal in his care, which is, or appears to be, Animal Control and Licencing Bylaw No. 6908-2012 23 suffering from a disease transmittable to humans or other Animals, shall: (a) immediately notify the Medical Health Officer; and (b) ensure that such Animal is kept isolated from healthy Animals, until it has been determined by the Medical Health Officer that such Animal is free from the disease in questions. 13.2.3 Where an operator has received notice from the Medical Health Officer in accordance with subsection 13.2.2, that the Animal: (a) is diseased, the Pet store operator must not permit such Animal to come into contact with, or be in danger of transmitting the disease to, other Animals; or (b) is suffering from an incurable disease, the Pet store operator must make arrangements to have it immediately destroyed in a manner approved by the Medical Health Officer. 13.3 Duties of Pet Store Operator – Veterinary Care 13.3.1 Every Pet store operator shall: (a) post in a conspicuous place, and make accessible to all employees of the Pet store, the name and telephone number of a veterinarian who may be contacted to provide all necessary services; and (b) ensure that: i) any Animal which is ill or injured is promptly examined and treated by a veterinarian; and ii) any necessary euthanasia and disposal of an Animal is performed by, or under the supervision of, a veterinarian. 13.4 Duties of Pet Store Operator – Pet Store Register 13.4.1 Every Pet store operator shall: (a) Keep and maintain a legible Pet store register in the Pet store, containing a record of all transactions in which Animals have been acquired or disposed of by the Pet store; and Animal Control and Licencing Bylaw No. 6908-2012 24 (b) provide the Pet store register for the inspection at the request of a Animal Control Officer and provide copies of any entries required by the Animal Control Officer. 13.4.2 Each transaction recorded in the Pet store shall be retained for at least twelve (12) months from the date of the transaction. 13.4.3 The Pet store register required under subsection 13.4.1 shall contain the following information in respect of each Animal acquired by the Pet store operator: (a) the name of the person or company from whom the Animal was acquired; (b) the date of purchase or acquisition; (c) a description of the sex and color of the Animal purchased or acquired and, where applicable, the tattoo or microchip or other identifying markings; (d) the date the Animal was sold or otherwise disposed of by the Pet store operator; and (e) where an Animal has been disposed of other than by sale, the method and reason for such disposal. 13.5 Duties of Pet Store Operator – Information Provided to Purchasers 13.5.1 Every Pet store operator shall, at the time an Animal is sold, provide the purchaser with a written record of sale containing the following information: (a) a description of the Animal, including its breed or cross breed, sex, age, color and markings; (b) the date of sale; (c) the name and address of the Pet store; (d) a description of any tattoo; and (e) a record of all vaccinations. 13.5.2 For all Rabbits, Dogs or Cats sold, a Pet store operator shall, in addition to the information required under subsection 13.5.1, provide the purchaser with a certificate, dated and signed by a veterinarian: (a) verifying the health of the Rabbit, Dog or Cat; Animal Control and Licencing Bylaw No. 6908-2012 25 (b) indicating proof of inoculation and de-worming; and (c) indicating Animal has been Altered. (d) For each sled dog offered for sale, a life cycle plan for each sled dog must be prepared by the Pet Store Operator in accordance with BC Sled Dog Regulations. 13.5.3 Every Pet store operator shall, at the time an Animal is sold, provide the purchaser with written instructions on the proper care and feeding of the Animal, including: (a) appropriate diet, including any special dietary needs; (b) proper handling techniques; (c) basic living environment and type of enclosure, if applicable, including appropriate temperature, lighting, humidity control, or other requirements specific to the Animal; (d) exercise needs, if any; and (e) any other care requirements to maintain the health and well- being of the Animal. 13.5.4 For all Reptiles sold, a Pet store operator shall, in addition to the information required under subsections 13.5.1 and 13.5.3 provide the purchaser with written information regarding the risks of contracting salmonella and measures to prevent such contraction. 13.6 Duties of Pet Store Operator – Reptiles 13.6.1 Every Pet store operator shall: (a) place a notice outside of each enclosure holding a Reptile clearly setting out the following information: i) the type of species, identified by both common and scientific (Latin) name, contained in the enclosure; ii) the approximate length the Reptile will reach on maturity, measured from snout to tail; iii) the maximum natural life-span of the Reptile; and (b) post signs in any area where Reptiles are displayed with information regarding the risks of contracting salmonella and measures to prevent such contraction. Animal Control and Licencing Bylaw No. 6908-2012 26 13.7 Pet Store Operator – Prohibitions 13.7.1 A Pet store operator shall not: (a) confine incompatible species in the same cage; (b) separate any Animal from its mother prior to it being weaned, except for Birds which have been separated for the purpose of hand feeding; and (c) sell, offer to sell, or display to the public i) any Prohibited Animal; ii) any Reptile which is not Captive Bred; iii) any Animal whose color has been altered or enhanced with dye, whether applied externally or by ingestion; iv) any Animal which suffers from or exhibits signs of an infectious disease, a nutritional deficiency, parasitism, fractures or congenital deformities; or v) any Unaltered Animal. Part 14 Offence and Penalty 14.1 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and is liable to the penalties imposed under this bylaw, and is guilty of a separate offence each day that a violation continues to exist. 14.2 Every person who commits an offence is liable on summary conviction to a fine or to imprisonment, or to both a fine and imprisonment, not exceeding the maximum allowed by the Offence Act. Animal Control and Licencing Bylaw No. 6908-2012 27 READ A FIRST TIME on the 23rd day of October, 2012. READ A SECOND TIME on the 23rd day of October, 2012. READ A THIRD TIME on the 23rd day of October, 2012. RECONSIDERED AND FINALLY ADOPTED the day of ,20 . PRESIDING MEMBER CORPORATE OFFICER Schedules Schedule A – Annual Dog Licence Fees Schedule B – Prohibited Areas Schedule C - Off Leash Areas Schedule D - Application for Release of Aggressive Dog Schedule E - Prohibited Animals Animal Control and Licencing Bylaw No. 6908-2012 28 Schedule A - Fees & Charges 1. Dog licence fees shall be as follows: Paid BEFORE Jan 31 of the current calendar year Paid AFTER Jan 31 of the current calendar year (a) Unaltered Dog $52.00 $68.00 (b) Unaltered Dog (Seniors Discount) $26.00 $34.00 (c) Altered Dog $25.00 $41.00 (d) Altered Dog (Seniors Discount) $12.50 $20.50 (e) Aggressive Dog $200.00 $270.00 2. A Dog that is licenced under section 1 (a) qualifies for a rebate of $27.00 if a Certificate of Castration/Ovariohysterectomy is provided as proof from a registered veterinarian. Such proof must be provided within the calendar year in which the fees were paid. 3. A Dog purchased or obtained on or after July 1, which is subsequently licenced within thirty (30) days of purchase, may qualify for a licence fee of $12.50 for an Altered Dog and $26.00 for an Unaltered Dog with proof of Castration/Ovariohysterectomy and proof of purchase or proof of when the Dog was acquired. 4. A fee of $5.00 will be charged for: a. replacing a lost Dog tag; b. transferring a Dog licence from one Owner to another; c. transferring a Dog licence from a deceased Dog to a new Dog; and d. transferring a Dog licence from another District to Maple Ridge. Impound fees 1. For a licenced Dog: (a) First Impoundment $50.00 (b) Second Impoundment $75.00 (c) Third Impoundment $150.00 Animal Control and Licencing Bylaw No. 6908-2012 29 Schedule A - Fees & Charges 2. For an Unlicenced Dog: (a) First Impoundment $75.00 (b) Second Impoundment $150.00 (c) Third Impoundment $300.00 3. For each Dangerous or Aggressive Dog: (a) First Impoundment $500.00 (b) Second Impoundment $1000.00 4. For an altered Cat or unaltered Cat $30.00 minimum 5. For any Livestock $50.00 per day, per Animal 6. For any Poultry $10.00 per day, per Animal 7. For any Rabbit $10.00 per day, per Animal Maintenance Fees (Boarding while Impounded) In addition to the impound fees set out above, the Dog Owner shall be charged a maintenance fee of: 1. For each Dog $15.00 per day, after the first day 2. For each Cat $5.00 per day, after the first day 3. For each Poultry $10.00 per day, after the first day 4. For any Rabbit $10.00 per day, after the first day 5. For any Livestock $25.00 per day, after the first day Animal Control and Licencing Bylaw No. 6908-2012 30 Schedule B – Prohibited Areas Pursuant to section 7.2.1(a), Dogs are prohibited in the following areas: 1. In, on, or within 5 meters of: (a) Playgrounds (b) Sports Fields (c) Municipal Golf Courses (d) Tennis or Basketball Courts (e) Wading Pools (f) Recreational Swimming Beaches (g) Food Service Areas or Concessions (h) Picnic Eating Areas and Picnic Shelters (i) Municipal and Public Buildings (including daycares, recreation, and community centres) 2. Haney Wharf Park Animal Control and Licencing Bylaw No. 6908-2012 31 Schedule C - Off Leash Areas Pursuant to section 7.2 a Commercial Dog Walker is permitted to walk in the following parks or public trails during the posted park or trail operating hours. Pursuant to section 6.2 a maximum of three (3) Dogs per Owner are permitted off leash and under immediate control of an Owner. 1. Jerry Sulina Park (13200 210 St) 2. Volker Park (21113 123 Ave) 3. Albion Fairground Park (23778 104 Ave) 4. Other areas so designated by the District from time to time provided there is adequate signage stating and designating the area of the “Off Leash Park.” Animal Control and Licencing Bylaw No. 6908-2012 32 Schedule D - Application for Release of Aggressive Dog I,____________________________________________________________________,of (name of Owner) ________________________________________________________________________ ________________________________________________________________________ (address of Owner) In the District of Maple Ridge, British Columbia, hereby apply for the release of a: ________________________________________________________________________ (breed, colour and sex of Dog) Named: ________________________________________________________________________ (given name of Dog) (the “Dog”) which has been Impounded pursuant to the District of Maple Ridge Animal Control and Licencing Bylaw, in force from time to time. 1. I am the Owner of the Dog. 2. I am aware that the Dog is an “Aggressive Dog” within the meaning prescribed by the Bylaw and I am aware of the responsibility and potential liability that rests with me in keeping or harbouring the Dog. 3. In consideration of the release of the Dog to me, I hereby acknowledge, covenant and agree with the District: (a) that I have constructed on the premises where the Dog will be kept an “enclosure” within the meaning prescribed by the Bylaw; (b) that I will at all times when the Dog is not effectively muzzled, on a leash and under the care and control of a person competent to control the Dog indoors or within a securely closed and locked enclosure; (c) that I will save harmless and indemnify the District, its Animal Control Officers and any of its other officers, employees, agents or elected or appointed officials from and against any and all actions, causes of action proceedings, claims, demands, losses, damages, cost of expenses whatsoever and by whomsoever brought relating to the release of the Dog to me or the keeping or harboring of the Dog by me, and without limiting the generality of the foregoing, for any personal injury or death inflicted on any other Animal or any person by the Dog or any damage to property caused by the Dog, and I am aware that if the Dog is ever again to be Animal Control and Licencing Bylaw No. 6908-2012 33 found At Large or not confined as herein before provided, that the District may seize the Dog and I will be liable for costs of impounding and the Dog as an Aggressive Dog under the Bylaw. 4. I submit herewith the sum of $_____________ in payment for all licence and impounding fees payable by me pursuant to the Bylaw. __________________________________ Signature of Owner Animal Control and Licencing Bylaw No. 6908-2012 34 Schedule E - Prohibited Animals 1. All Animals whose importation, possession or sale is prohibited because they are designated as protected or endangered pursuant to an International, Federal, or Provincial law, regulation or agreement. 2. All Venomous or Toxic Animals (which includes retiles and arachnids), regardless of whether the venom glands have been removed. 3. The following Reptiles: (a) All snakes that reach a length of two (2) meters or more on maturity and the following snakes i. amethyst python (Morelia amethistina); ii. burmese python (pyton molarus bivittatus); iii. reticulated python (python reticulates); iv. african rock python (python sebae sebae); v. green anaconda (eunectes murinus); and vi. yellow anaconda (eunectes notaeus) (b) All lizards that reach a length of one (1) meter or more (measured fro m the snout to tail) on maturity and the following lizards: i. african nile monitor (varanus nilticus); ii. asian water monitor (varanus salvator); iii. papuan monitor (varanus salvadorii); iv. common green iguana (iguana iguana); and v. tatara (spheodonitida) (c) All crocodilians (such as alligators, crocodiles, caimans and ghariel) (d) All aquatic turtles; and (e) All tiger salamanders and axolotyls (mexican salamanders or “walking fish”). 4. All arachnids falling under the conventional classification of “old world”; 5. All bullfrogs; 6. All scorpions, except the pandinus species; Animal Control and Licencing Bylaw No. 6908-2012 35 7. All millipedes, centipedes, mantids, stickbugs, and mafagascar hissing cockroaches. 8. The following species: (a) Canidae, (wolves, jackals, foxes and hybrids there of), except the domestic Dog (b) Cetacean, (beluga whale, orca whale, dolphin) (c) Chiroptera, (bats, including flying foxes) (d) Edentates, (anteaters, sloths and armadillos) (e) Elephantidae, (elephants) (f) Erinacidae, except the African pigmy hedgehog (g) Felidae, except the domestic Cat, including Savannahs and Servals (h) Hyaenidae (hyenas) (i) Lagomorphs (Rabbits, hares and pikas), except the domestic Rabbit (j) Marsupials (kangaroos, opossums and wallabies), except sugar gliders derived from self-sustaining captive populations (k) Mustelidae (mink, skunks, otters, badgers and weasels), except the domestic ferret (l) Pinnipeds, (seals, fur seals and walruses) (m) Primates (gorillas, chimpanzees, lemurs and monkeys) (n) Procyonidea (raccoons, coatimundi and cacomistles) (o) Raptors, diurnal and nocturnal (eagles, hawks, owls, osprey, falcons, kites, vultures and buzzards) (p) Ratites (ostriches, rheas and cassowaries) (q) Rodentia (porcupines and prairie Dogs), except rodents which do not exceed 1,500 grams and are derived from self-sustaining captive populations (r) Ursidae (bears) (s) Viverridae (mongoose, civets and genets) ** the Animals listed in brackets are examples only and do not limit the generality of the listed class of species. District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 13, 2012 and Members of Council FILE NO: 2011-066-RZ FROM: Chief Administrative Officer MEETING: COUNCIL SUBJECT: Final Reading: Official Community Plan Amending Bylaw No. 6934-2012 Zone Amending Bylaw No. 6841-2011 26777 Dewdney Trunk Road EXECUTIVE SUMMARY: Bylaws 6934-2012 and 6841-2011 have been considered by Council and at Public Hearing and subsequently were granted Third Reading. The applicant has requested that Final Reading be granted. The purpose of the rezoning is to permit the subdivision into 2 lots not less than 4000m2 (1 acre) each. RECOMMENDATION: That Official Community Plan Amending Bylaw No. 6934-2012 be adopted; and That Zone Amending Bylaw No. 6841-2011 be adopted. DISCUSSION: a) Background Context: Council considered this rezoning application at a Public Hearing held on June 19, 2012. On July 24, 2012 Council granted Third Reading to Maple Ridge Official Community Plan Amending Bylaw No. 6934-2012 and Maple Ridge Zone Amending Bylaw No. 6841-2011 with the stipulation that the following conditions be addressed: i. Amendment to Schedules “B” and “C” of the Official Community Plan; ii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. Road dedication as required; iv. Park dedication as required; v. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. - 2 - The following applies to the above: 1. The necessary OCP Amending Bylaw and associated schedules were prepared as instructed. 2. The applicant has provided a Geotechnical Restrictive Covenant that addresses the suitability of the site for the proposed development. 3. The applicant has provided the appropriate amount of road dedication on 122 Avenue. 4. The applicant has provided the appropriate amount of park dedication on Lot 1 that fronts on to 122 Avenue. 5. Confirmation that there are no existing underground storage tanks was provided by the Engineer of Record on September 5, 2012. CONCLUSION: As the applicant has met Council’s conditions, it is recommended that Final Reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 6934-2012 and Maple Ridge Zone Amending Bylaw No. 6841-2011. “Original signed by Siobhan Murphy” _______________________________________________ Prepared by: Siobhan Murphy, MA, MCIP, RPP Planning Technician "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Bylaw No. 6934-2012 Appendix C – Bylaw No. 6841-2011 Appendix D – Subdivision Plan City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Jun 14, 2012 FILE: 2011-066-RZ BY: PC 26777 DEWDNEY TRUNK ROAD CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT2668326712268142672126755267772676612053 12176 12194 2686012238 267832685112042 269552678012075 12206 267332683012160 2696012097 12149 12150 2674312090 266572678812130 269 ST.269 ST.122 AVE. Rem 3 2 EP 167042 P 65913 P 8097RP 12274 BCP 17138 1 9 RP 12275 Pcl A 32 LMP 22716 A BCP 4477 A P 8097 11 LMP 14104BCP 50219 A EP 13769 10 P 22220 33 BCP 5641 12 P 22220 3 Rem 40 A B Rem 2 P 65913 1 LMP 22716 1 1 \\ \\ !( !( SUBJECT PROPERTY ´ SCALE 1:2,500 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6934-2012 A Bylaw to amend the Official Community Plan _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "B" & "C" 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: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 6934-2012 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 11 Section 19 Township 15 New Westminster District Plan 22220, and outlined in heavy black line on Map No. 835, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by changing from Suburban Residential to Conservation 3. Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot 11 Section 19 Township 15 New Westminster District Plan 22220 and outlined in heavy black line on Map No. 837, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the 26th day of June, A.D. 2012. READ A SECOND TIME the 26th day of June, A.D. 2012. PUBLIC HEARING HELD the 17th day of July, A.D. 2012. READ A THIRD TIME the 24th day of July, A.D. 2012. RECONSIDERED AND FINALLY ADOPTED , the day of , A.D. 20. ___________________________________ _____________________________ MAYOR CORPORATE OFFICER 2668326712268142672126755267772676612053 12176 12194 2686012238 26620267832685112042 26914269552678012075 12206 26635267332683012160 2696012097 12149 12150 2674312090 266572678812130 A Rem 3 EP 11548 2 LMP 23992 EP 16704P 7439 2 P 65913 P 8097RP 12274 BCP 17138 1 9 P 21387 RP 12275 Pcl A LMP 22716 A BCP 4477A RP 14097P 8097 11 LMP 14104BCP 50219 Rem Pcl. B 2 A EP 13769 10 P 22220 33 BCP 5641 12 P 22220 3 Rem 40 A B Rem 2 P 8171 P 65913 1 LMP 22716 1 1 RP 12275 RW 24747 LMP 14105 LMP 22718BCP 17140P 57024 LMP 22717 LMP 26276BCP 50222LMP 14105 RW 72130 EP 76416 RP 65914 RP 65914 BCP 11415EP 65916 P 57024 RW 24748 BCP 17139LMP 40545 BCP 5642BCP 4478 LMP 23993 EP 65916 EP 65915LMP 22717 EP 65916 LMP 18037RP 65914 LMP 22718 BCP 50221BCP 50220BCP 11416BCP 4479 BCP 50225269 ST.122 AVE. DEWDNEY TRUNK ROAD ´ SCALE 1:3,000 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No.Map No. From: To: 6934-2012835Suburban Residential Conservation 2668326712268142672126755267772676612053 12176 12194 2686012238 26620267832685112042 26914269552678012075 12206 26635267332683012160 2696012097 12149 12150 2674312090 266572678812130 A Rem 3 EP 11548 2 LMP 23992 EP 16704P 7439 2 P 65913 P 8097RP 12274 BCP 17138 1 9 P 21387 RP 12275 Pcl A LMP 22716 A BCP 4477A RP 14097P 8097 11 LMP 14104BCP 50219 Rem Pcl. B 2 A EP 13769 10 P 22220 33 BCP 5641 12 P 22220 3 Rem 40 A B Rem 2 P 8171 P 65913 1 LMP 22716 1 1 RP 12275 RW 24747 LMP 14105 LMP 22718BCP 17140P 57024 LMP 22717 LMP 26276BCP 50222LMP 14105 RW 72130 EP 76416 RP 65914 RP 65914 BCP 11415EP 65916 P 57024 RW 24748 BCP 17139LMP 40545 BCP 5642BCP 4478 LMP 23993 EP 65916 EP 65915LMP 22717 EP 65916 LMP 18037RP 65914 LMP 22718 BCP 50221BCP 50220BCP 11416BCP 4479 BCP 50225269 ST.122 AVE. DEWDNEY TRUNK ROAD ´ SCALE 1:3,000 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No.Map No. Purpose: 6934-2012837 To Add To Conservation CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6841-2011 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw 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: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6841-2011 ." 2. That parcel or tract of land and premises known and described as: Lot 11 Section 19 Township 15 New Westminster District Plan 22220 and outlined in heavy black line on Map No. 1529 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban Residential). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 26th day of June, A.D. 2011. READ a second time the 26th day of June, A.D. 2012. PUBLIC HEARING held the 17th day of July, A.D. 2012. READ a third time the 24th day of July, A.D. 2012. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 2668326712268142672126755267772676612053 12176 12194 2686012238 26620267832685112042 26914269552678012075 12206 26635267332683012160 2696012097 12149 12150 2674312090 266572678812130 A Rem 3 EP 11548 2 LMP 23992 EP 16704P 7439 2 P 65913 P 8097RP 12274 BCP 17138 1 9 P 21387 RP 12275 Pcl A LMP 22716 A BCP 4477A RP 14097P 8097 11 LMP 14104BCP 50219 Rem Pcl. B 2 A EP 13769 10 P 22220 33 BCP 5641 12 P 22220 3 Rem 40 A B Rem 2 P 8171 P 65913 1 LMP 22716 1 1 RP 12275 RW 24747 LMP 14105 LMP 22718BCP 17140P 57024 LMP 22717 LMP 26276BCP 50222LMP 14105 RW 72130 EP 76416 RP 65914 RP 65914 BCP 11415EP 65916 P 57024 RW 24748 BCP 17139LMP 40545 BCP 5642BCP 4478 LMP 23993 EP 65916 EP 65915LMP 22717 EP 65916 LMP 18037RP 65914 LMP 22718 BCP 50221BCP 50220BCP 11416BCP 4479 BCP 50225269 ST.122 AVE. DEWDNEY TRUNK ROAD ´ SCALE 1:3,000 MAPLE RIDGE ZONE AMENDING Bylaw No.Map No. From: To: 6841-20111529RS-3 (One Family Rural Residential) RS-2 (One Family Suburban Residential) District of Maple Ridge Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 Effective Date: November 13, 2012 District of Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 Table of Contents Part 1 Citation ............................................................................................................ 2 Part 2 Severability ...................................................................................................... 2 Part 3 Previous Bylaw Repeal .................................................................................... 2 Part 4 General Provisions .......................................................................................... 2 Part 5 Definitions ....................................................................................................... 2 Part 6 General Licence Requirements ..................................................................... 13 6.1 Licence Requirements ................................................................................... 15 6.2 Licence Application………………………………………………………………………………..15 6.3 Licence Fees………………………………………………………………………………………….15 6.4 Variable Licence Fees…………………………………………………………………………….15 6.5 Licence Period……………………………………………………………………………………….15 6.6 Licence Renewal ............................................................................................ 15 6.7 Licence Changes............................................................................................ 15 6.8 Licence Posting .............................................................................................. 16 6.9 Licence Inspector’s Powers and Duties......................................................... 16 6.10 Refusal of a Licence ...................................................................................... 17 6.11 Terms and Conditions of a Licence ............................................................... 17 6.12 Suspension and Cancellation of a Licence ................................................... 17 6.13 Council Reconsideration ................................................................................ 18 Part 7 Specific Regulations ...................................................................................... 18 7.1 Adult Entertainment Store ............................................................................. 18 7.2 Adult Publications .......................................................................................... 19 7.3 Arcades, Cyber Centres and Billiard Halls ..................................................... 19 7.4 Automobile Wrecking and Salvage ................................................................ 20 7.5 Bed and Breakfast ......................................................................................... 21 7.6 Body Rub Studios, Body Painting Studios and Modelling Studios ................ 22 7.7 Casinos .......................................................................................................... 25 7.8 Commercial Parking Lots ............................................................................... 25 7.9 Dog Daycare .................................................................................................. 25 7.10 Exotic Performer ............................................................................................ 26 7.11 Farm Produce Retail ...................................................................................... 26 7.12 Farmers’ Market ............................................................................................ 27 7.13 Insurance ....................................................................................................... 28 7.14 Internet Access .............................................................................................. 29 7.15 Licensed Premises and U-Brews ................................................................... 29 Business Licencing and Regulation Bylaw No. 6815-2011 2 7.16 Mobile Cart .................................................................................................... 30 7.17 Mobile Food Vendors ..................................................................................... 30 7.18 Mobile Ice Cream Vendors ............................................................................ 31 7.19 Non-Profit Agencies/Organizations ............................................................... 32 7.20 Peddlers/Canvassers .................................................................................... 32 7.21 Post Box Rental Agency ................................................................................. 33 7.22 Second Hand Dealer ...................................................................................... 33 7.23 Social Escorts ................................................................................................ 36 7.24 Solicitor for Charity/Fundraising ................................................................... 37 7.25 Temporary Commercial Vendor ..................................................................... 38 7.26 Tobacco Sales ................................................................................................ 38 7.27 Shark Fin Products ........................................................................................ 38 Part 8 Offence and Penalty ...................................................................................... 38 Schedule A – Licence Fees ............................................................................................41 Schedule B – Specifications for Warning Signs......................................................... ...57 Schedule C – Second Hand Dealer’s Report ................................................................59 Business Licencing and Regulation Bylaw No. 6815-2011 1 District of Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 A Bylaw respecting the granting of licences and regulating of Business within the District of Maple Ridge. WHEREAS Council may, pursuant to the provisions contained in the Community Charter, regulate in relation to Business; AND WHEREAS in regulating under the Community Charter, Council may provide for a system of licences, permits or approvals; AND WHEREAS Council may, pursuant to the Community Charter, delegate its powers, duties and functions to an officer or employee of the District, which delegation may include the authority to suspend a Business Licence; AND WHEREAS Council considers it in the public interest to regulate and licence Businesses within the District; AND WHEREAS Council has given notice of its intention to adopt this Bylaw by placing advertisements in the local newspapers, and has provided an opportunity for persons who consider they are affected to make representations to Council; NOW, THEREFORE, Council of the District of Maple Ridge in open meeting assembled enacts as follows: Business Licencing and Regulation Bylaw No. 6815-2011 2 Part 1 Citation 1.1 Business Licencing and Regulation Bylaw No. 6815-2011. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Maple Ridge Fetal Alcohol Syndrome Warning Sign Bylaw No. 5228-1995, and 3.2 Business Licencing and Regulation Bylaw No. 6333-2005, and the following amendment bylaws are hereby repealed: Amendment Bylaw Effective Date Bylaw No. 6451-2006 November 28, 2006 Bylaw No. 6503-2007 December 18, 2007 Part 4 General Provisions 4.1 Unless otherwise defined herein, all words and phrases in this Bylaw shall have the meaning given to them in the Local Government Act and the Community Charter. 4.2 Headings for each section of this Bylaw are intended to organize the content and are to be used for reference purposes only. 4.3 Wherever the singular or masculine form of a word is used, it shall also mean the plural or feminine form of the word as the case may be. Part 5 Definitions 5.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: “Acupuncturist” means a person who pierces any part of a client’s body with needles as a means of treating disease or pain, and who holds a valid licence issued by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia. Business Licencing and Regulation Bylaw No. 6815-2011 3 “Amusement Machine” means a machine on which mechanical, electrical, automatic, computerized, video, online or internet games are played for amusement or entertainment and for which a coin or token may be inserted or a fee charged for use. “Antique” means a work of art, piece of furniture, or decorative object made at an earlier period and according to various custom laws at least 100 years ago. “Arcade” means Premises where five (5) or more Amusement Machines are made available to members of the public for a fee. “Adult Entertainment Store” means Premises that, excluding contraceptive devices, offers for rent, use, viewing or sale an object, device, machine or any form of entertainment including an Adult Publication that is designed or intended to be used in a Sexual Act or which depicts a Sexual Act. “Adult Publication” means any book, pamphlet, magazine or printed matter however produced, which contains a visual image or representation of Nudity, Sadomasochistic Behaviour or a Sexual Act. “Applicant” means any person that applies for a Licence pursuant to this Bylaw. “Application” means a written request by an Applicant for the issuance of a Licence in the form attached to this Bylaw as Schedule “A” as amended from time to time. “Auction” means offering or putting up for sale real or personal property where the public is invited to make competitive bids for the items offered for sale, but does not include a Crown officer selling Crown property by auction or a sheriff’s officer or bailiff selling property under a judgment or in satisfaction of rents or taxes. “Automated Teller Machine” means a machine that permits a customer to access and use certain financial services customarily provided by a Financial Institution, and includes such a machine that is located in or affixed to any Premises, including the Premises in which a Financial Institution operates its principal Business if the machine can be accessed by customers outside the Financial Institution’s regular Business hours. “Automated Vending Machine” means any machine or device that: a) is operated by or requires for the operation thereof the insertion of a coin, token, currency of any kind, credit card or bank card, and b) sells or dispenses money, a service or goods, or provides music, recreation, or amusement of any kind whatsoever. Business Licencing and Regulation Bylaw No. 6815-2011 4 “Bed and Breakfast” means a Business of providing a maximum of three (3) bedrooms but no cooking facilities provided for tourists or persons who only briefly occupy a Dwelling Unit, where the room rate includes meals provided on the Premises and where the maximum length of occupancy at the Dwelling Unit by a patron is not more than thirty (30) consecutive days in any twelve (12) month period. “Bingo Hall” means a recreational facility used or intended to be used for the purpose of playing bingo, where a licence has been issued by the British Columbia Gaming Policy and Enforcement Branch to charitable or religious organizations as a Licensee, but excludes Casinos and casino halls. “Billiards” includes snooker, pool, bagatelle and other similar games. “Billiard Hall” means any Premises where three (3) or more billiard tables are made available to members of the public for a fee, but does not include Premises owned and operated by a Non-Profit Society or Premises with a Liquor Primary Licence. “Body Rub” means the act of manipulating, touching, or stimulating by any means a person’s body or part thereof, but does not include medical, therapeutic or cosmetic massage treatment given by a person duly licensed or registered under any statute of the Province of British Columbia governing such activities other than the Community Charter. “Body Rub Studio” means any Premises where a Body Rub is performed, offered or requested for a fee. “Body Painting Studio” means any Premises where, directly or indirectly, a fee is paid for any activity involving the application of paint, powder, or similar materials to the body by another person. “Business” means the carrying on of a commercial or industrial undertaking of any kind or nature or the providing of professional, personal, or other services for the purpose of gain or profit. “Buy” includes purchase, barter, deal in, take in exchange, take in part payment, or receive on consignment. “Carnival” means an itinerant exhibition, show or production temporarily located in the District, which offers to the public amusement rides, circus performances, games of skill or chance, or other similar entertainment. “Canvasser” means any person who canvasses or solicits Business within the District from cards or samples, or in any other manner whatsoever, takes orders for works or services or for the sale of any goods or any article or thing for immediate or future delivery, or for the purpose of promoting any Business. Business Licencing and Regulation Bylaw No. 6815-2011 5 “Caterer” means any person engaged in the preparing or serving of food or drink for consumption at Premises other than where that person carries on the Business, but excludes Mobile Food Vendors, Mobile Ice Cream Vendors, and Businesses that prepare food for take-out. “Casino” means any Premises licensed or permitted to operate as a gaming facility under the Gaming Control Act, but does not include bingo halls. “Cheque Cashing Centre” means any Premises where the Business of cashing cheques or negotiable instruments for a fee charged or chargeable to the payee of the cheque or the payee’s agent is carried on, but does not include a Financial Institution. “Chief Constable” means the officer in charge of the Maple Ridge Detachment of the Royal Canadian Mounted Police. “Commercial Kennel” means a kennel limited to the keeping, training, breeding, selling, or Dog Boarding for (a fee), and limited to the number of Dogs specified in the Licence but not to exceed a density of fifty (50) Dogs per site. “Commercial Parking Lot” means an area of land or any building or part thereof where the parking of motor vehicles is provided for a fee, and includes areas provided specifically for customers of a Business, or tenants of a building other than a building used exclusively for residential purposes. “Community Care” means a Business licensed or required to be licensed under the Community Care and Assisted Living Act. “Contractor” includes any person who undertakes to do or perform any construction, building, carpentry, plastering, lathing, shingling, or concrete work, or any other construction work or service for a fee, except where a Licence fee for other work or service is specifically imposed elsewhere in this Bylaw but shall not include a land developer. “Convenience Store” means a use devoted to the retail sale of groceries, perishable items, household items, domestic supplies, convenience goods, and related accessory uses. “Corporate Officer” means the Corporate Officer for the District. “Cyber Centre” means any Premises that have available for the use of its patrons for a fee, four (4) or more computer terminals or other electronic devices that provide or are capable of providing access to the internet or other computer network systems, but does not include a school, college, university or other educational institution or a public library. Business Licencing and Regulation Bylaw No. 6815-2011 6 “Daycare” means the provision of care of children in a home environment, licensed for this use in accordance with the Community Care and Assisted Living Act, and includes group childcare, family childcare, in-home multi-age childcare and pre-school as defined under the Child Care Licensing Regulation, and not to exceed a maximum of 8 children in care. “District” means the District of Maple Ridge. “Dog” means any animal of the canine species. “Dog Boarding” means to feed, house and care or a Dog for a fee but does not include Dog Daycare. “Dog Daycare” means to feed, house, care, and/or groom a Dog for a fee between the hours of 7:00 am and 7:00 pm with a maximum of twenty (20) Dogs per site, and may involve retail sales of Dog related items but excludes overnight Dog Boarding. “Driver’s Licence” means a valid driver’s licence issued pursuant to, or an equivalent licence recognized under, the Motor Vehicle Act of the Province of British Columbia. “Dwelling Unit” as defined in the District of Maple Ridge Zoning Bylaw as amended from time to time. “Electronic Gaming” means any activity or game of chance for money or other valuable consideration carried out or played on an electronic or mechanical device or machine, but excludes the purchase or sale of lottery tickets pursuant to a government lottery scheme. “Exotic Performer” means a person who, for a Business purpose, is in a state of Nudity or who removes a majority or all of that person’s clothing to be in a state of Nudity, but excludes a person depicted in a motion picture. “Farm Produce” means berries, fruits, vegetables, honey, eggs, fresh cut flowers, live fowl, live poultry, bedding plants, seeds, and trees commonly known as Christmas Trees sold only during the Christmas season, bulbs and similar products, live shrubs or trees grown or produced from seeds, seedlings or cuttings on the individual farm on which the sale is taking place; but excluding dressed fowl or poultry and butchered meat. “Farmers’ Market” means the carrying on of a Business that organizes a group of vendors to gather in a temporary, open-air market located outdoors for the purpose of selling to the public only goods described in section 7.12 of this Bylaw. Business Licencing and Regulation Bylaw No. 6815-2011 7 “Financial Institution” means a bank, credit union, trust company or other similar business that, among other things, accepts deposits, invests money, or lends money. “Fitness Centre” means any Premises that provide patrons the opportunity to perform physical activity for a fee and includes recreational clubs, fitness centres, hand ball courts, squash courts, health clubs, rock climbing facilities, batting cages, and gymnasiums. “Food Primary Licence” means a Food Primary Licence issued pursuant to the Liquor Control and Licensing Act. “Highway” as defined in the District of Maple Ridge Highway and Traffic Bylaw as amended from time to time. “Home Occupation” means a business accessory to the use of a dwelling unit or to the residential use of a lot occupied by a dwelling. “Junk” means any scrap, waste, discarded material, goods or debris whether or not stored for salvage, dismantling or recycling. “Licence” means a Business licence required pursuant to this Bylaw. “Licensee” means a person to whom a current Licence has been issued under this Bylaw. “Licence Inspector” means the Director of Licences, Permits and Bylaws or their designate. “Licensed Premises” means any Premises licensed under the provisions of the Liquor Control and Licensing Act and includes restaurants; “Liquor Primary Licence” means a liquor primary licence or liquor primary club licence issued pursuant to the Liquor Control and Licensing Act. “Loiter” means to delay an activity with idle stops and pauses or to remain in an area for no obvious or legal reason. “Manufacturing” means carrying on the Business of assembling, fabricating, processing, altering or finishing any goods. “Medical Health Officer” means a medical health officer designated under section 71 of the Public Health Act. “Mobile Cart” means any device designed to be moved by human power. “Mobile Food Vendor” means a person who sells or offers to sell food items from a Cart or Vehicle. Business Licencing and Regulation Bylaw No. 6815-2011 8 “Mobile Ice Cream Vendor” means a person who sells or offers to sell frozen novelty products such as ice cream bars, popsicles, or yogurt bars from a Cart or Vehicle located on a public Highway. “Modelling Studio” means Premises where, directly or indirectly, a fee is paid for the furnishing of persons as models who pose in a state of Nudity on the Premises for the purpose of being sketched, painted, drawn, sculptured, photographed, or otherwise depicted, but does not include a studio which functions as an educational institution authorized under legislation of the Province of British Columbia governing educational institutions, nor to a studio which functions to provide models who are sketched, painted, drawn, sculptured, photographed, or otherwise depicted and the depiction is produced for commercial purposes, or to a studio which is being operated for purely artistic purposes. “Non-Profit Society” means a registered charitable society that is: (a) incorporated and in good standing under the Society Act; and (b) registered as such under the Income Tax Act (Canada) and qualified to issue tax receipts to its donors. “Nudity” means the showing of the post-pubertal, human, male or female genitals or pubic area with less than a full, opaque covering. “Outdoor Recreation” means such activities as paintball, zip lining, horseback riding academies, go-carting, mountain biking, rock climbing and similar activities but does not include the private use of municipal parks or facilities without the express written permission of the Director of Parks and Open Spaces for the District. “Pawn” means the deposit of personal property as a pledge or collateral security for an assessed value. “Peddler” means a person who sells or offers for sale goods or food items by going from place to place or house to house, or by appointment and demonstration, whether such person is acting on that person’s own behalf or as an employee of another, but excludes a Solicitor for Charity. “Personal Services” means provision of specific services to the person including, but not limited to, barbering, hairdressing, beauty salons, nail salons, tattoo parlour, tailoring, shoemaking, dry cleaning and pet grooming, and excluding Adult Entertainment and Pawn shop use. “Pet Store” means a retail store where domesticated animals are offered for sale or sold to the public, but excludes an animal shelter. Business Licencing and Regulation Bylaw No. 6815-2011 9 “Picture Identification” means one or more of the following provided it has not expired and has a photograph of the bearer: (a) driver’s licence issued by a Canadian province or territory; (b) identity card issued by a Canadian province or territory; (c) passport; (d) Certificate of Indian Status issued by the Government of Canada; (e) Certificate of Canadian citizenship issued by the Government of Canada; or (f) Conditional Release Card issued by Correctional Services Canada. “Police Department” means the Royal Canadian Mounted Police with a detachment located in Maple Ridge, British Columbia. “Police Officer” means an officer of the Police Department. “Post Box” means a box or other receptacle used or intended to be used for the collection or storage of mail. “Post Box Rental Agency” means a Business that makes available for rent, lease, purchase, possession or use one or more Post Boxes to a person or to a Business that does not normally occupy the Premises where the Post Box or Post Boxes are located, but does not include Canada Post. "Premises" includes but is not limited to stores, offices, warehouses, factory buildings, houses, enclosures, and yards. “Prenatal Alcohol Exposure” means the consumption of any alcoholic substance (beer, wine, spirits) which has detrimental effects on the growing fetus, including implications for mental, learning, physical, and behavioural development. “Private School” means any Premises used for elementary, secondary, college, technical, language or other education or instruction generally offered to the public and which is not operated by School District No. 42 (Maple Ridge). "Professional" includes persons engaged in the Professional Business of offering any of the following services in accordance with a federal or provincial licence or standard including but not limited to: accountant, agrologist, architect, chiropractor, dentist, ecologist, engineer, financial consultant, forester, land surveyor, lawyer, naturopathic physician, notary public, optometrist, orthodontist, osteopath, pharmacist, physician, physiotherapist, Business Licencing and Regulation Bylaw No. 6815-2011 10 podiatrist, psychiatrist, psychologist, radiologist, registered psychiatric nurse, surgeon and undertaker. “Professional Dog Walker” means an individual whose Business or employment is walking Dogs owned by other persons. “Property Manager” means a person or a Business that rents or leases or offers for rent or lease a Dwelling Unit or Dwelling Units to other persons or Businesses. “Proprietor” means the person who ultimately controls, governs, or directs the activities carried on within the kinds of Premises referred to in this Bylaw and includes the person actually in charge thereof. “Public Market” means any Premises containing stalls, tables, spaces, divisions or compartments individually rented, occupied or operated for the purpose of displaying or selling goods to the public. “Realtor” means a person licensed or required to be licensed under the Real Estate Services Act. “Restaurant” means an establishment where food and beverages are sold to the public and where provision is made for consumption on or off the Premises. The establishment may be licensed as “Food Primary” under the Liquor Control and Licensing Act. “Retail Business” means a Business selling goods for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the goods for sale. “Sadomasochistic Behaviour” means scenes involving a person or persons, any of whom are in a state of Nudity, who are engaged in activities involving flagellation, torture, fettering, binding, or other physical restraint of any other person. “School Holiday” means any day which is a holiday, or any day or part thereof that is a non-instructional day for schools in Maple Ridge. “Scrap Dealer” means a person whose primary Business is the collection and delivery of scrap to a licensed salvage yard, recycling plant or recycling depot. “Scrap Metal Dealer” means a scrap metal dealer as defined in the District’s Scrap Metal Dealer Regulation Bylaw, as amended from time to time. “Second Hand Articles” means any used goods, including Junk, offered for sale or taken in Pawn including but not limited to the following: (a) used clothing, furniture, costume jewellery, footwear, and houseware items such as dishes, pots, pans, cooking utensils and cutlery; and Business Licencing and Regulation Bylaw No. 6815-2011 11 (b) used books, papers, magazines, vinyl records and long play records. “Second Hand Dealer” means a person carrying on the Business of buying, selling, taking in Pawn, procuring or offering for sale Second Hand Articles and includes the following persons, stores, or transactions: (a) a person who is licensed by the Province of British Columbia to deal in used motor vehicles; (b) a person who deals only in antiques; (c) a person who only purchases, sells or collects recyclable materials for the sole purpose of recycling. Recyclable materials shall include bottles, cans, plastics, glass, cardboard, paper or other recyclable materials but shall not include scrap metal that is not part of a can or food container; (d) a thrift store or charity store which receives Second Hand Articles by donation; (e) transactions involving Second Hand Articles purchased at a public auction where the seller’s name and address is recorded in the records of the auction house; (f) transactions involving Second Hand Articles purchased at a consignment store where the seller’s name and address is recorded in the records of the consignment store; and (g) transactions involving an exchange or trade of Second Hand Articles for another Second Hand Article where no money is given by the dealer to the person from whom the Second Hand Article was received. “Second Hand Dealer’s Report” means the report form attached hereto as Schedule “C” or a similar report form, including an electronic report accessible by or from a centralized electronic registry to which the Police Department has uninterrupted and unlimited access, provided such other report form has first been approved in writing by both the Police Department and the Licence Inspector. "Sexual Act" means a real or simulated act as defined in the Motion Picture Act Regulations. “Social Escort” means any person who, for a Business purpose, escorts or accompanies another person, but does not include a person providing assistance to another person because of that other person’s age, medical condition or disability. "Solicitor for Charity" means a person who engages in the Business of collecting or receiving money or goods, with or without the disposal or sale of Business Licencing and Regulation Bylaw No. 6815-2011 12 goods, and includes the sale of tickets for any form of entertainment or drawing or other disposition of any prize, where some or all of the money collected or the proceeds of the disposal or sale are, directly or indirectly, given to a Non-Profit Society. “Temporary” means thirty (30) consecutive days in a twelve (12) month period. “Temporary Commercial Vendor” means any person carrying on the Business of selling or offering for sale goods from a temporary location, kiosk or Vehicle on commercially zoned property. “Theatre” means Premises primarily used for the provision of live performances or for the projection or display of motion pictures to the public for a fee. “Tobacco” means tobacco and tobacco products in any form in which they may be consumed, by a consumer, and includes snuff and raw leaf tobacco. “Tobacco Product” means tobacco products and accessories as defined under the Tobacco Tax Act. “U-brew” means any Premises where supplies, prepackaged ingredients or equipment are sold which contributes towards the making of wine, beer or other alcoholic beverages. “Unit” means any structure or building that is zoned and or used for residential, industrial or commercial purposes. “Vehicle” as defined in the “Motor Vehicle Act”. “Warehouse” means Premises used for keeping or storing goods, to which the general public does not have access, and which may include facilities for distribution of Commercial or Industrial goods. "Wholesale Dealer" means any person who carries on the Business of selling any goods to Retail Businesses, to other Wholesale Dealers, or to Contractors or manufacturers for use in their Businesses, but excludes an owner of a warehouse that does not employ a representative, other than the warehouse owner or operator, to solicit orders for, to handle or to distribute goods. Business Licencing and Regulation Bylaw No. 6815-2011 13 Part 6 General Licence Requirements 6.1 Licence Requirements 6.1.1 Except as otherwise provided in this Bylaw: (a) no person shall carry on, maintain, own or operate a Business in the District without holding a valid and subsisting Licence; and (b) no person shall suffer, permit or allow a person to carry on, maintain or operate a Business without a valid and subsisting Licence. 6.1.2 A Licence is not required for: (a) a Property Manager that rents or leases or offers to rent or lease no more than one Unit in the District; or (b) The Royal Canadian Legion Branch or the Army Navy & Air Force Veterans in Canada Branch with respect to a licence they may hold under the Liquor Control & Licensing Act as amended from time to time or an establishment it may operate with respect to the licence, as Council considered the Royal Canadian Legion Branch and the Army Navy & Air Force Veterans in Canada to be non-profit, charitable institutions and organizations contributing to the general interest and advantage of the District. 6.1.3 Every person who operates a Business from more than one Premise in the District shall apply for and maintain a separate Licence in respect of each Premise pursuant to section 6.1.1. 6.1.4 Every person who operates more than one Business at one Premise shall apply for and maintain a separate Licence in respect of each Business. 6.1.5 Any person operating or carrying on a Business that is regulated, controlled, permitted, or licensed by any other Bylaw or Provincial of Federal enactment shall obtain the necessary approvals from the appropriate authority prior to applying for a Licence. 6.1.6 A Licence is not to be deemed to be a representation by the District to the Licensee that the Business or proposed Business complies with any or all applicable Bylaws or other enactments. 6.1.7 The holder of a valid and subsisting Home Occupation Licence is permitted to hold a commercial display on commercial property, Business Licencing and Regulation Bylaw No. 6815-2011 14 subject to compliance with other municipal Bylaws, for up to one (1) month in a six (6) month period without obtaining a separate Licence as required in section 6.1.4. 6.2 Licence Application 6.2.1 All Applications for a Licence pursuant to this Bylaw shall: (a) be made in the form provided by the Licence Inspector for that purpose; (b) be signed by the owner or operator of the Business or an agent authorized in writing by the owner or operator; and (c) contain a true and accurate description of the following information: (i) the nature of the Business; (ii) the Premises, including the civic address, from which the Business is conducted; (iii) any other information the Licence Inspector may require with respect to the operation of the Business and its location; and (iv) not be altered or annotated in any manner. 6.2.2 The Licence Inspector may review the Application to verify general compliance with this Bylaw and other applicable enactments. Any errors or omissions in the information provided by the Applicant on the Application will be the sole responsibility of the Applicant. 6.2.3 All Premises in or upon which the Applicant proposes to carry on Business and or all vehicles used in connection therewith shall, before any such Licence is granted for such Premises or for such vehicle, first be approved by the Licence Inspector who may in his discretion also require such Premises or vehicles to be approved by Federal, Provincial or District Officials, as the Licence Inspector deems necessary. 6.3 Licence Fees 6.3.1 Every Applicant shall, at the time of making the Application, pay to the District the Licence fee set out for his Business in Schedule “A” to this Bylaw. No Licence shall be issued until the payment of the fee is made. Business Licencing and Regulation Bylaw No. 6815-2011 15 6.3.2 Notwithstanding section 6.3.1, the Licence fee prescribed in Schedule “A” may be reduced by one-half in respect of a Business for which a Licence is issued after the 30th day of June in any calendar year. 6.3.3 No reduction or refund of the annual Licence fee paid pursuant to this Bylaw shall be made by the District due to any Licensee ceasing to own or operate the Business for which the Licence was issued. 6.3.4 The fees set out in Schedule “A” of this bylaw shall be adjusted annually and implemented on the 1st day of January in the following year. This annual adjustment shall be based on the Consumer Price Index (CPI) as established by Statistics Canada based on the previous 12 month period ending December. 6.4 Variable Licence Fees 6.4.1 Where the Licence fee for a Business is based on the floor area, ground area, number of professionals regularly employed, number of machines, appliances, rental units or other factors used in the carrying on of the Business, an Applicant who changes the factors upon which the Licence fee is based shall immediately notify the Licence Inspector in writing, and pay any additional Licence fee which may be payable under Schedule “A” as a result of the change. 6.5 Licence Period 6.5.1 Licences shall be issued for a period no greater than one calendar year and shall commence on the 1st day of January and expire on the 31st day of December of each year, unless otherwise indicated on the Licence. 6.6 Licence Renewal 6.6.1 Every Licensee shall renew the Licence prior to the beginning of each licensing period as long as the Business for which the Licence was issued is operating or being carried on within the District. 6.7 Licence Changes 6.7.1 Every Licensee shall notify the Licence Inspector in writing within forty-eight (48) hours of the termination of operation of the Business. 6.7.2 No Licensee shall make a change to a Business, including but not limited to a change: (a) in location of the Business Premises; Business Licencing and Regulation Bylaw No. 6815-2011 16 (b) to the Business name; (c) to any term or condition on which the Licence was issued; or (d) that would increase the Licence fee prescribed for the Business in Schedule “A” without first applying to the Licence Inspector to have the Licence changed. 6.7.3 The powers, conditions, requirements and procedures relating to the granting or refusal of a Licence shall apply to all such applications for a Licence change. 6.7.4 A person applying for a Licence change shall, at the time of making the Application, pay to the District the amount by which the Licence fee under Schedule “A” will increase. 6.7.5 In addition to the fee set out in Schedule “A”, a Licensee applying for a change of location of the Premises in which the Business is carried on shall pay to the District a transfer fee of $50.00. 6.7.6 A person applying for a name change for a corporation shall, at the time of application, supply a true copy of the name change certificate issued by the Corporate Registry (Victoria). 6.8 Licence Posting 6.8.1 Every Licensee shall post the Licence in a conspicuous place on the Premises or on the thing or article in respect of which the Licence is issued and, in the case where the holder thereof has no Business Premises in the District, such Licence shall be carried upon his person at all times when he is engaged in the Business for which the Licence was issued. 6.9 Licence Inspector’s Powers and Duties 6.9.1 On receipt of an Application and before issuing any Licence or authorizing a change with respect to an existing Licence, a Licence Inspector may: (a) at a reasonable time and in a reasonable manner, inspect the Premises for which the Licence or the change to an existing Licence is sought; and (b) require the Applicant to provide proof of any certification, approval, or qualification which may be required by a federal, provincial or municipal authority with respect to the business. Business Licencing and Regulation Bylaw No. 6815-2011 17 6.9.2 A Licence is issued on terms or conditions imposed in respect of that Business by this Bylaw or in any other enactment. 6.9.3 Subject to section 16 of the Community Charter, S.B.C. 2003, c.26 a Licence Inspector may enter the Premises at a reasonable time to inspect and determine whether the regulations and requirements of the Bylaw are being met. 6.10 Refusal of a Licence 6.10.1 An Application may be refused by the Licence Inspector in any specific case, provided that: (a) the Application shall not be unreasonably refused; and (b) the Licence Inspector shall give written reasons for the refusal. 6.10.2 If the Licence Inspector refuses to grant a Licence, the Applicant who is subject to the decision is entitled to have Council reconsider the matter. 6.11 Terms and Conditions of a Licence 6.11.1 Council or the Licence Inspector may impose terms and conditions with respect to a Licence granted under this Bylaw. The terms and conditions imposed on a Licence may include any one or more of the following requirements that the Licensee: (a) comply with a particular provision of a Municipal Bylaw or any other Provincial or Federal enactment within a specified period of time; and (b) provide to the Licence Inspector within a specified period of time evidence satisfactory to the Licence Inspector of compliance with a particular provision of a Municipal Bylaw or any other Provincial or Federal enactment with respect to that Business. 6.12 Suspension and Cancellation of a Licence 6.12.1 A Licence may be suspended or cancelled by the Licence Inspector for reasonable cause. 6.12.2 Without limiting what constitutes reasonable cause, any one or more of the following circumstances may constitute reasonable cause: Business Licencing and Regulation Bylaw No. 6815-2011 18 (a) the Licensee fails to comply with this Bylaw or a term or condition of the Licence; (b) the Licensee is convicted of an indictable offence in Canada, which offence, in the opinion of Council or the Licence Inspector, directly relates to the Business; (c) the Licensee is convicted of an offence under any Municipal Bylaw or Provincial or Federal enactment in respect of the Business for which the Licensee is licensed or with respect to the Premises for which the Licence was issued; or (d) the Licensee has ceased to meet the lawful requirements to carry on the Business for which the Licensee is licensed or with respect to the Premises for which the Licence was issued. 6.13 Council Reconsideration 6.13.1 An Applicant or Licence holder who wishes Council to reconsider an Licence Inspector’s decision to refuse, suspend or cancel a Licence shall, within ten (10) business days of the date of the refusal, suspension or cancellation, deliver to the Corporate Officer a written request stating the grounds upon which the request is based. 6.13.2 The Corporate Officer shall refer to Council a request made under section 6.13.1 and notify the applicant or Licence holder of the time and place at which Council will reconsider the Licence Inspector’s decision. Part 7 Specific Regulations 7.1 Adult Entertainment Store 7.1.1 No owner or operator of an Adult Entertainment Store shall permit any person who is less than nineteen (19) years of age to be at the Premises at any time. 7.1.2 No owner or operator of an Adult Entertainment Store shall exhibit or permit to be exhibited in any window at the Premises or viewed from outside the Premises any depiction of a Sexual Act or any good, material, device, machine or entertainment which is designed or intended to be used in or for a Sexual Act. 7.1.3 Every Adult Entertainment Store shall post and keep posted at all times at every entrance to its Premises a clearly visible and legible sign, not less than 21.59 centimetres (8 ½ inches) by 27.94 Business Licencing and Regulation Bylaw No. 6815-2011 19 centimetres (11 inches) in dimension, containing the words “Adults Only”. 7.2 Adult Publications 7.2.1 Except in an Adult Entertainment Store licensed under this Bylaw, no owner or operator of a Business shall sell or offer to sell or display or permit to be displayed at a Business Premises, an Adult Publication except as follows: (a) all Adult Publications shall be located on a shelf, the bottom edge of which is at least 120 centimetres (47.25 inches) from the floor; and (b) all Adult Publications shall be placed behind an opaque substance which extends for the full length of the shelf on which the Adult Publications are placed and which extends vertically for at least 20.32 centimetres (8 inches) from the bottom of the shelf. 7.3 Arcades, Cyber Centres and Billiard Halls 7.3.1 Every owner or operator of an Arcade, Cyber Centre or Billiard Hall shall: (a) post and keep posted at all times at every entrance to the Premises a clearly visible and legible sign, not less than 21.59 centimetres (8 ½ inches) by 27.94 centimetres (11 inches) in dimension, containing the words “No Loitering”; (b) ensure Loitering does not take place; (c) post and keep posted at all times in a conspicuous place, near any Amusement Machines, computer terminals or billiard tables, a summary of the rules of conduct for customers, including the regulations set out in this section; (d) ensure that the Premises are well lit and clean; (e) not cover up any window in a manner that would prevent a clear view of the interior of the Premises from the exterior of the Premises; (f) ensure that the owner or not less than one employee of the Business is present at the Premises at all times that the Premises are open to the public; (g) not permit any patron to be at the Premises between the hours of 12:00 Midnight and 7:00 am; and Business Licencing and Regulation Bylaw No. 6815-2011 20 (h) not allow any person apparently or actually under the age of fifteen (15) years, unless such person is accompanied by his parent or guardian, to use, play, operate or loiter about an Amusement Machine or computer terminal or be present in a Billiard Hall: (i) between the hours of 9:00 am and 3:00 pm Monday to Friday inclusive unless such day is a School Holiday; or (ii) between the hours of 10:00 pm and 12:00 Midnight Sunday to Thursday inclusive unless the day immediately following is a School Holiday; and (iii) where reasonable doubt exists as to the age of a person desiring to play an Amusement Machine or use a computer terminal or to be present in a Billiard Hall, the owner or operator of those Premises shall not permit any person who is unable to provide documented proof of age indicating that person is fifteen (15) years of age or older to remain at the Premises. 7.4 Automobile Wrecking and Salvage 7.4.1 Every owner or operator of an automobile wrecker, salvage yard, automobile dealer/rebuilder, towing with storage Business and towing without storage Business is subject to the regulations of this section. 7.4.2 Every owner or operator shall maintain on the Premises a permanent building of at least 100 square metres (100 m²) and the building must contain an office together with washroom and cleanup facilities for employees. 7.4.3 The Premises shall be kept by the owner or operator in a clean, orderly, uncluttered and unobstructed condition and any building or continuous landscape screen on the Premises must be kept in good and sufficient repair and properly painted. 7.4.4 No by-products or materials of the Business shall be burned except in a furnace or incinerator designed to trap fly ash and to contain the whole of the fire. 7.4.5 Every owner or operator shall keep on the Premises a record of the vehicle identification number (VIN) and the serial numbers of all automobiles and equipment bearing these numbers, in accordance with the following: Business Licencing and Regulation Bylaw No. 6815-2011 21 (a) every record shall be written in ink in a plain legible hand in the English language; (b) every record shall include the precise date and hour of receiving the automobile or equipment for salvage or destruction; (c) every record shall include the name, residence, or street address, and description of the person from whom the automobile or equipment was received. The description of the person must include date of birth, height, weight, eye color, race, gender and the type and number of Picture Identification presented. This information must be compared to and recorded from the person’s Picture Identification by the proprietor; (d) every owner or operator shall, at all reasonable times during Business hours, produce the owner or operator’s register for the inspection of the Licence Inspector; (e) the owner or operator’s register may be removed at any time by the Licence Inspector for inspection at the headquarters of the officer or for use as evidence in Court; (f) immediately upon the return of a register to the owner or occupier, the owner or occupier shall enter in proper sequence each and every transaction involving the receiving of automobiles or equipment made during the absence of the register; (g) the owner or occupier shall not permit any entry in a register to be erased, obliterated, or defaced, or permit any page or other portion of the register to be cut out or removed; and (h) the owner or occupier shall number each record in the register in sequence and number each page of the register in sequence. 7.5 Bed and Breakfast 7.5.1 Every owner or operator of a Bed and Breakfast shall: (a) supply the Licence Inspector with the number of bedrooms intended for the operation and the daily rate of charge; (b) keep the records of all patrons, including dates of arrival and departure; and Business Licencing and Regulation Bylaw No. 6815-2011 22 (c) post the daily rate of charge at an easily visible location in the Premises. 7.5.2 No owner or operator of a Bed and Breakfast shall provide more than three (3) bedrooms for tourists or clients. 7.6 Body Rub Studios, Body Painting Studios and Modelling Studios 7.6.1 Every application for a Licence to operate a Body Rub Studio, Body Painting Studio and Modelling Studio shall be accompanied by a floor plan for the entire Premises in the scale and detail as may be required by the Licence Inspector, and when any alterations are made to the Premises, the owner or operator shall file revised plans immediately with the Licence Inspector. 7.6.2 Every owner or operator of a Body Rub Studio, Body Painting Studio or Modelling Studio shall: (a) provide the Licence Inspector with the name, address, and photocopy of Picture Identification of every person proposed to be employed or engaged in the Business; (b) notify the Licence Inspector within twenty-four (24) hours of any change in the personnel employed or engaged in the Business; and (c) not employ or engage any person in the Business without first receiving the approval of the Licence Inspector. 7.6.3 No owner or operator of a Body Rub Studio, Body Painting Studio or Modelling Studio shall: (a) employ any person or allow any person at the Premises who is less than nineteen (19) years of age; (b) permit the Premises to be open to the public between the hours of 12:00 Midnight and 8:00 am; (c) permit any person engaged in providing a Body Rub to manipulate, touch or massage the male or female genitals of any patron; (d) permit any person engaged in providing a Body Rub at the Premises to perform a Body Rub unless the person is wearing clean, washable, non-transparent outer garments covering the body between the neck and the top of the knee, the sleeves of which do not reach below the elbows; and Business Licencing and Regulation Bylaw No. 6815-2011 23 (e) exhibit the owner or operator’s body, or permit other persons to exhibit their bodies in any window at or about the Premises, or exhibit or permit to be exhibited any sign outside the Premises showing any Nudity or any printed words that might indicate that the Premises is a place that offers any form of Sexual Act or entertainment involving Nudity. 7.6.4 Every room at the Premises which is used for Body Rub or Body Painting or Modelling shall: (a) be at least 2.5 metres by 2.5 metres in size; (b) not be equipped with a locking device on any door to the room; (c) not have any means by which a person may view the interior of the room, other than a door providing entrance to the room; (d) be equipped with lighting of at least 50 foot candle power at all points in the room, which lighting shall remain on when the door is closed; (e) contain a massage table that is made of metal, is not less than 1 metre in height and is supplied with a single use, disposable coverings; and (f) not contain any mattress, futon, bed, couch, chair or other item of furniture that could reasonably be used as a bed. 7.6.5 The Applicant for a Body Rub, Body Painting or Modelling Studio Business Licence shall provide a copy of Picture Identification and a copy of a criminal records search completed by the Police for: (a) the proprietor, in the case of a sole proprietorship; (b) each partner with an ownership interest, in the case of a partnership; (c) each director and officer of the corporation, in the case of a corporate owner; and (d) each employee or independent contractor who will be providing massage or Body Rub, Body Painting or Modelling services as part of the Business to the Licence Inspector, each such search to have been completed within thirty (30) days of the application date and confirming that the sole proprietor, partner, directors and officer, and employees or Business Licencing and Regulation Bylaw No. 6815-2011 24 independent contractor, as applicable, has not been convicted of any offence related to the keeping of a common bawdy house, prostitution, drug possession or dealing, pornography or violent crimes against any person. 7.6.6 In the case of a partnership or corporate owner, the Applicant shall provide to the Licence Inspector the name of the partner or the name of the director or officer who will provide day to day management of the Body Rub Studio, Body Paint Studio or Modelling Studio. 7.6.7 Every Body Rub Studio, Body Paint Studio or Modelling Studio shall meet the following terms and conditions while in operation in the District under a validly issued Business Licence: (a) the requirements set out in section 7.6.3 (hours of operations) shall be met; (b) the requirements of section 7.6.4 shall be met during all hours when the Business is open for Business; (c) the owner or the individual identified in section 7.6.5 shall provide day to day management of the Business; (d) the owner or the individual identified in section 7.6.5 shall be responsible for ensuring that a written record is kept of the full name, address and telephone number of every person to whom the Business provides services, together with the date, time, nature and cost of every service performed for each person and the method of payment and shall make such written records immediately available for inspection to the Licence Inspector or his delegate any time upon request; (e) prior to permitting any employee or independent contractor to provide a service at the Business, comply with the provision of sections 7.6.3 (a) and 7.6.5 (d) with respect to that employee or independent contractor; and (f) all persons hired to provide any service(s) or the person providing day to day management are required upon request, by any Officer, to produce Picture Identification. 7.6.8 A failure to comply with any or all of the foregoing terms and conditions shall be a sufficient basis for the Licence Inspector to suspend, revoke or refuse to issue any further Business Licence to the Body Rub Studio, Body Paint Studio or Modelling Studio. Business Licencing and Regulation Bylaw No. 6815-2011 25 7.7 Casinos 7.7.1 No owner or operator of a Casino shall: (a) employ any person at the Premises who is less than nineteen (19) years of age; or (b) permit any person to be at the Premises at any time who is less than nineteen (19) years of age. 7.8 Commercial Parking Lots 7.8.1 It shall be a condition of the granting of a Licence to any person to carry on the Business of a Commercial Parking Lot that one sign shall be posted at each entrance to the parking lot and one sign at each exit of the parking lot, stating in wording clearly legible by day or night, the circumstances under which a Vehicle may be removed from the Premises and the address of the place at which it may be reclaimed. 7.8.2 Except as set out in section 7.8.1, no person shall cause any Vehicle to be removed from a Commercial Parking Lot without the authority of the owner of the Vehicle. 7.8.3 An owner or operator of a Commercial Parking Lot, or a duly authorized agent of such owner or operator, may cause a Vehicle to be removed from a Commercial Parking Lot if: (a) the owner or operator of that Vehicle has not purchased a valid parking ticket or the parking ticket for that Vehicle has expired or there is no contract or permission to park that Vehicle at that Commercial Parking Lot; (b) the Vehicle constitutes a hazard or an obstruction to the free and normal use of the Commercial Parking Lot; (c) the Vehicle is parked in a reserved parking spot and does not bear a valid and subsisting permit to be in a reserved parking spot; or (d) the Vehicle is parked in a space designated, by way of the international symbol for the disabled, for disabled persons parking only and the Vehicle does not bear a valid and subsisting disabled persons parking placard. 7.9 Dog Daycare 7.9.1 Parcel requirements and restrictions are subject to conformance with the Maple Ridge Zoning Bylaw as amended from time to time. Business Licencing and Regulation Bylaw No. 6815-2011 26 7.9.2 A Dog Daycare facility shall be located on a parcel which is zoned as regulated by the Maple Ridge Zoning Bylaw as amended from time to time. 7.9.3 A Dog Daycare facility shall comply with the requirements of the Maple Ridge Kennel Regulation Bylaw, the Maple Ridge Zoning Bylaw, the Maple Ridge Dog Pound and Dog Control Bylaw and the Building Bylaw as amended from time to time. 7.9.4 Operator Obligations – Hours of Operation, Maximum Number of Animals and Noise Control (a) The operator of a Dog Daycare facility: (i) shall not care for more than twenty (20) Dogs at any time; (ii) may only operate between the hours of 7:00 am and 7:00 pm, Monday to Saturday inclusive; and (iii) shall not discharge or emit odorous, noxious or toxic matter or vapours, heat, glare, noise or radiation, or recurrently generated ground vibrations. 7.10 Exotic Performer 7.10.1 No owner or operator of a Business shall employ or engage an Exotic Performer or permit an Exotic Performer to engage in Business at the Premises unless: (a) there is no physical contact between the Exotic Performer and any person who is not an Exotic Performer; (b) the Exotic Performer remains in or on a stage area separated from the general seating area; and (c) the Exotic Performer and all persons viewing the Exotic Performer are nineteen (19) years of age or older. 7.11 Farm Produce Retail 7.11.1 No owner or operator of a farm Business shall carry on a Retail Business on land that is zoned for agricultural use under the Maple Ridge Zoning Bylaw as amended from time to time, unless fifty percent (50%) of the goods offered for sale are produced on the land at which the Retail Business is located. Business Licencing and Regulation Bylaw No. 6815-2011 27 7.11.2 Every accessory produce sales building or structure is limited to one per lot and shall not exceed eleven square metres (11 m2) pursuant to the Maple Ridge Zoning Bylaw as amended from time to time. 7.11.3 Every roadside stand Applicant shall satisfy the Licence Inspector that: (a) the Applicant operates a farm in the District; and (b) the roadside stand: (i) shall not create a traffic hazard; and (ii) has been granted any required arterial highway access approval, in writing, from the Province of British Columbia. 7.11.4 The Licence Inspector shall not issue more than one roadside stand Licence for any one legal parcel which is a farm. 7.12 Farmers’ Market 7.12.1 Every Farmers’ Market applicant shall: (a) provide evidence of permission by the owner to use the land for the purpose of a Farmers’ Market if the operation is on land other than land owned by the Applicant; (b) permit only the display and sale of any of the following: (i) fruit, vegetables, nuts, honey, syrups, dairy products, eggs, poultry, meat, flowers, herbs, and any products derived there from, that are produced in the Province of British Columbia and prepared for market in accordance with applicable laws; (ii) artwork or handcrafted items that are designed, created, produced and assembled in the Province of British Columbia; and (iii) baked or handmade foods produced in British Columbia; (c) provide evidence that all vendors intending to sell food products have been granted a health permit for that purpose before allowing the sale of any goods mentioned in paragraph (b); and Business Licencing and Regulation Bylaw No. 6815-2011 28 (d) satisfy the Licence Inspector that the Farmers’ Market shall not create a traffic hazard or result in obstruction or other nuisance on municipal streets, sidewalks, or access routes. 7.12.2 Despite subsection 6.1.1 of this Bylaw, a vendor who is permitted by a person holding a current and valid Licence for a Farmers’ Market to display or sell goods at that Farmers’ Market is not required to obtain a separate licence for that purpose. 7.12.3 Despite subsection 6.5.1 of this Bylaw, a Licence for a Farmers’ Market: (a) permits the sale of goods at the Farmers’ Market to be carried on for only one day per week; (b) will only be issued once during any calendar year; and (c) unless suspended, cancelled or revoked, is valid for the months between April 1 and October 31 of that year. 7.12.4 A person holding a Licence for a Farmers’ Market must: (a) ensure that health permits are displayed at any space where food products are sold; (b) comply, and ensure compliance among vendors, with any conditions, restrictions or requirements of the Medical Health Officer, the Fire Chief or a deputy acting in the place of either; and (c) ensure that the market area is operated and maintained in a safe, orderly, clean and sanitary condition, and that the area is left in such condition after the market closes each day. 7.13 Insurance 7.13.1 No Licence shall be granted for the operation of a spectator or sports function, or any public entertainment, including, without limitation, any exhibition, zoo, circus, carnival, rodeo, demolition derbies, automobile or motorcycle races, car rallies, go-cart races, horse races, public animal rides, or other similar function, or the operation of a ferris wheel, merry-go-round or other similar device until the applicant has deposited proof in a form and amount satisfactory to the District that the Applicant has comprehensive general liability insurance, which includes a cross-liability clause and specifies the District as an additional insured. The Applicant shall supply to the District a copy of the current certification from Business Licencing and Regulation Bylaw No. 6815-2011 29 the Elevating Devices Branch showing all carnival rides have been inspected and are approved for use. 7.14 Internet Access 7.14.1 Any person carrying on a Business that offers internet access to the public, including but not limited to a Cyber Center, shall: (a) comply with all applicable Provincial and Federal enactments; and (b) to the extent not in conflict with such legislation, ensure that no person at the Premises under the age of eighteen (18) is permitted to access or view websites or web pages that depict a Sexual Act, Sadomasochistic Behaviour or Nudity. 7.15 Licensed Premises and U-Brews 7.15.1 A Business owner shall post signs warning of Prenatal Alcohol Exposure which shall be located in the following Premises and in the following locations: (a) For any Licensed Premises which are permitted to sell alcoholic beverages for off-premises consumption, there shall be at least one sign, located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage takes place; (b) For any Licensed Premises which permits the consumption of alcoholic beverages on the Premise, there shall be one sign conspicuously displayed in both the male and female washrooms located within the Premise, and at least one sign located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage takes place; (c) For any U-brew Premises, there shall be at least one sign, located so it is clearly visible from all locations where the sale of the supplies, prepackaged ingredients or equipment takes place; (d) For any Licensed Premises, there shall be a Prenatal Alcohol Exposure warning placed on all menus; and (e) For sign specifications see Schedule “B” which is attached to and forms a part of this Bylaw. Business Licencing and Regulation Bylaw No. 6815-2011 30 7.16 Mobile Cart 7.16.1 No Mobile Cart vendor shall carry on Business directly outside any Premises at which is located a Business that offer the same items for sale as those offered by the Mobile Cart Vendor. 7.16.2 Every Mobile Cart vendor shall obtain the Municipal Engineer’s approval. 7.16.3 Every Mobile Cart vendor shall engage in Business using a Mobile Cart that: (a) does not exceed four square metres (4 m²) in area; (b) is capable of moving on its own wheels without alteration or preparation, although it may be towed by a Vehicle; and (c) is located on private property so that it does not interfere with or block any Highway. 7.16.4 Every person carrying on the Business of a Mobile Cart vendor shall: (a) Provide a garbage container immediately next to the food Cart and shall pick up all garbage and debris which results from the Mobile Cart vendor’s Business and which is located within twenty-five (25) metres of the of the food Cart; (b) Obtain written approval from the provincial agency responsible for health and the safe handling of food products; (c) Provide to the Licence Inspector upon request, written permission from the owner of the private property on which the food Cart is located, which permission indicates that the owner, operator and employees of the Mobile Cart vendor Business may access the washroom facilities located on that private property; and (d) Shall not operate on a property designated Park land unless written approval from the Manger of Parks and Facilities has been obtained. 7.17 Mobile Food Vendors 7.17.1 No Mobile Food Vendor shall carry on Business directly outside any Premises at which a Business is located that offers the same items for sale as those offered by the Mobile Food Vendor. Business Licencing and Regulation Bylaw No. 6815-2011 31 7.17.2 Every Mobile Food Vendor shall obtain the Municipal Engineer’s approval. 7.17.3 Every Mobile Food Vendor shall engage in Business using a Mobile Cart that: (a) does not exceed four square metres (4 m²) in area; (b) is capable of moving on its own wheels without alteration or preparation, although it may be towed by a Vehicle; and (c) is located on private property so that it does not interfere with or block any Highway. 7.17.4 Every person carrying on the Business of a Mobile Food Vendor shall: (a) provide a garbage container immediately next to the Mobile Cart and shall pick up all garbage and debris which results from the Mobile Food Vendor’s Business and which is located within twenty-five (25) metres of the food cart; (b) obtain written approval from the provincial agency responsible for health and the safe handling of food products; and (c) provide to the Licence Inspector upon request, written permission from the owner of the private property on which the Mobile Cart is located, which permission indicates that the owner, operator and employees of the Mobile Food Vendor Business may access the washroom facilities located on that private property. 7.18 Mobile Ice Cream Vendors 7.18.1 No Mobile Ice Cream Vendor shall carry on Business in contravention of the Motor Vehicle Act, the Highway Scenic Improvement Act, or any other Municipal Bylaw or Provincial enactment with respect to traffic and the use of Highways in the District. 7.18.2 Every Mobile Ice Cream Vendor shall: (a) obtain written approval from the provincial agency responsible for health and the safe handling of food products; (b) obtain the Municipal Engineer’s approval; Business Licencing and Regulation Bylaw No. 6815-2011 32 (c) provide a garbage container immediately next to the Vehicle and shall pickup all garbage and debris which results from the Mobile Ice Cream Vendor’s Business and which is located within twenty-five (25) metres of the Vehicle or Mobile Cart; (d) not operate before 8:00 am or after 9:00 pm; (e) not sell from a fixed location in excess of twenty (20) minutes; (f) not return to the same location or hundred block within one (1) hour; and (g) not operate on a property designated Park land unless written approval from the Manager of Parks and Facilities has been obtained. 7.18.3 The amplified sound from a Mobile Ice Cream Vendor’s Vehicle shall: (a) not be played at a higher level than sixty (60) dBA measured at a distance of fifty (50) feet from the Vehicle; and (b) be shut off when the Vehicle is not in motion. 7.18.4 A Mobile Ice Cream Vendor shall only stop its Vehicle in the course of Business while actively engaged in making a sale and shall move to another location after all customers have been served. 7.18.5 No member of the general public shall be permitted inside a Mobile Ice Cream Vendor’s Vehicle. 7.19 Non-Profit Agencies/Organizations 7.19.1 Every Non-Profit Society shall hold a valid and subsisting Licence as per Schedule “A”. There is no fee for such Licence. 7.20 Peddlers/Canvassers 7.20.1 Every Peddler/Canvasser while carrying on such Business shall: (a) carry a valid and subsisting Licence; (b) upon request, produce the Licence to the Licence Inspector, Police Officer or any person to whom goods are offered for sale; (c) display a photo identification tag; Business Licencing and Regulation Bylaw No. 6815-2011 33 (d) only offer anything for sale while going from place to place or from house to house between the hours of 9:00 am and 6:00 pm; and (e) not enter onto a Premise where signage exists that states “No Soliciting”. 7.21 Post Box Rental Agency 7.21.2 Every owner or operator of a Post Box Rental Agency shall: (a) maintain a complete and accurate written record of the name and address of every person who rents, leases, owns or has possession of a Post Box on the Premises or who receives the pickup or delivery service; (b) obtain from every person referred to in paragraph (a) a statement of whether or not that person intends to use the Post Box for Business and include that statement as part of the written record referred to in paragraph (a); (c) where the person referred to in paragraph (a) is a corporation, firm or Business proprietorship, maintain, as part of the record and in addition to the information referred to in paragraph (a), an accurate written record of the name and address of at least one natural person authorized to represent that corporation, firm or Business proprietorship; (d) maintain the record for each Post Box at the Premises where the Post Box is located; and (e) make each customer record available for inspection upon request by the Licence Inspector. 7.22 Second Hand Dealer 7.22.1 An Application for a Licence for a Second Hand Dealer Business shall be made jointly by all the persons who will be actively engaged in the management and control of the Business. 7.22.2 If, in the course of any Licence period, additional persons are added to those sharing the management and control of the Second Hand Dealer Business, their names shall be immediately given to the Licence Inspector. 7.22.3 Failure to disclose to the District any of the information required in this Bylaw shall be grounds for immediate cancellation of the Licence and forfeiture of the Licence fee paid for the Licence. Business Licencing and Regulation Bylaw No. 6815-2011 34 7.22.4 The Licence Inspector shall not issue any Licence or approve any change to a Licence until the Police Department has reviewed and reported on the Application and provided a copy of that report to the Licence Inspector for his consideration. 7.22.5 Any Premises in respect of which a Licence has been issued for a Second Hand Dealer Business shall be subject to inspection at any reasonable time by the Chief Constable or Licence Inspector. 7.22.6 Every Second Hand Dealer shall: (a) maintain a Second Hand Dealer’s Report; (b) at the time of buying or receiving each Second Hand Article, write (in ink, in legible printing) or type into an approved electronic registry, in the English language, the following particulars in the Second Hand Dealer’s Report: (i) the precise date and time at which each Second Hand Article is bought; (ii) an account and description of each Second Hand Article bought by the Second Hand Dealer, including a notation of all distinctive marks and names on each Second Hand Article; (iii) the amount paid or consideration provided for each Second Hand Article or the details of other arrangements made for consideration; (iv) the name, address, place of residence and description of the person from whom the Second Hand Article is bought, such information to be supported by Picture Identification; and (v) the make, description and provincial licence plate number of any motor Vehicle used for delivery to the Second Hand Dealer of any Second Hand Articles; (c) deliver to the Police Department every Monday before 10:00 am completed copies of every Second Hand Dealer’s Report for the preceding seven (7) days, which reports must bear an original signature of the Licensee. If Monday is a statutory holiday, copies of the preceding seven (7) days Second Hand Dealer’s Reports shall be delivered to the Police Department the next business day after the Monday; and Business Licencing and Regulation Bylaw No. 6815-2011 35 (d) produce, upon request, at all reasonable times during Business hours, the Second Hand Dealer’s Report for inspection by a Police Officer or by the Licence Inspector and, upon request, give over the Second Hand Dealer’s Report to such person for inspection elsewhere, or for use as evidence in Court or other proceedings. 7.22.7 No Second Hand Dealer shall permit any entry made in the Second Hand Dealer’s Report to be erased, obliterated or defaced, nor shall the Second Hand Dealer permit such report or any part thereof to be cut or removed from the Premises, except upon request by a Police Officer when delivered to the Police Department. 7.22.8 No Second Hand Dealer shall: (a) alter, repair, dispose of, or in any way part with a Second Hand Article (excluding Junk) bought by the Second Hand Dealer; or (b) allow a Second Hand Article (excluding Junk) to be removed from the Premises until after the expiration of thirty (30) days from the time the Second Hand Article was bought by the Second Hand Dealer. 7.22.9 During the thirty (30) day period set out in section 7.22.8 (b), each Second Hand Article shall be: (a) clearly and physically segregated and kept apart from all other articles on the Second Hand Dealer’s Premises; and (b) subject to inspection during Business hours by the Licence Inspector. 7.22.10 Notwithstanding sections 7.22.8 and 7.22.9, a Second Hand Dealer may: (a) dispose of a Second Hand Article after thirty (30) days from the time the Second Hand Article was bought, if the Second Hand Dealer has recorded the Second Hand Article in an approved electronic registry; or (b) seek special authorization from the Chief Constable to dispose of a Second Hand Article before the expiry of thirty (30) days from the time the Second Hand Article was bought by providing the Chief Constable with a written request for such authorization. Business Licencing and Regulation Bylaw No. 6815-2011 36 7.22.11 Every Second Hand Dealer shall, at the request of a Police Officer, present for viewing by the Police Officer, Second Hand Articles in the Second Hand Dealer’s possession. 7.22.12 No Second Hand Dealer shall buy any Second Hand Article whose serial number or other identifiable marking has been wholly or partially tampered with or removed. 7.22.13 No Second Hand Dealer shall buy any Second Hand Article from any person if that person: (a) does not present Picture Identification; (b) sells goods for a person who is not in possession of Picture Identification and this is known to the Second Hand Dealer; (c) is or appears to be under the influence of liquor or drugs; or (d) is under the age of eighteen (18) years. 7.22.14 No Second Hand Dealer shall buy or take in Pawn any Second Hand Article from any person between the hours of 6:00 pm and 6:00 am. 7.22.15 Every Second Hand Dealer shall display and maintain the Second Hand Dealer’s name and address plainly and visibly in English lettering on the front of the Second Hand Dealer’s Premises and on both sides of any Vehicle used in carrying on the Second Hand Dealer’s Business. 7.23 Social Escorts 7.23.1 Every owner and operator of a Business that offers or provides the services of one or more Social Escort shall: (a) within twenty-four (24) hours of hiring a person employed or to be employed in the Business as a Social Escort, provide the Licence Inspector with that person’s name, age, address and description; and (b) not offer the services or name of any Social Escort, or introduce customers or potential customers to any Social Escort, unless that Social Escort is nineteen (19) years of age or older. 7.23.2 Every person operating or applying for a Licence to operate a Social Escort Service shall, at the time of applying for a Licence for such operation: Business Licencing and Regulation Bylaw No. 6815-2011 37 (a) provide a list showing the name, age, birth date, address and a copy of Picture Identification of every person proposed to be employed or engaged in the said Business, together with such additional information as the Licence Inspector or Chief of Police may require; and thereafter: (i) notify the Licence Inspector within twenty-four (24) hours of any changes in the personnel employed or engaged in the said Business, and the provisions of paragraph (7.23.2 (a)) above shall apply to any new persons proposed to be engaged or employed by the said Social Escort Service, and (ii) maintain to the satisfaction of the Licence Inspector and Chief of Police a written record of every request to provide or furnish a Social Escort, giving the name and address of the person requesting the service together with the name of the Social Escort recommended and the function or functions to be attended. 7.23.3 It shall be unlawful for any person carrying on a Business of operating a Social Escort Service to employ or engage any person in the said Business without first having obtained the approval of the Licence Inspector or Chief of Police to the employment or engagement of any such person. 7.23.4 Any Licence Inspector or any Police Officer whose duties include the administration and enforcement of this Bylaw is hereby authorized to enter the Premises of a Social Escort Service at any time to ascertain whether the regulations contained in this section are being, or have been, complied with and it shall be unlawful for any person to prevent or obstruct any such Licence Inspector or Police Officer from the carrying out of any of this duties with respect to the administration and enforcement of this Bylaw. 7.24 Solicitor for Charity/Fundraising 7.24.1 Except as authorized by Council, no person shall, anywhere in the District: (a) solicit for donations of money or other material assistance; or (b) sell or display for the purposes of selling any article or thing; Business Licencing and Regulation Bylaw No. 6815-2011 38 (c) solicit for donations of money or other material assistance, sell or display for the purposes of selling any article or thing between the hours of 6:00 pm and 9:00 am daily; and (d) solicit where signage exists stating “No Solicitors” 7.25 Temporary Commercial Vendor 7.25.1 Every person carrying on the Business of a Temporary Commercial Vendor shall provide to the Licence Inspector, upon request, written permission from the owner of the commercially zoned property on which the Temporary Commercial Vendor’s temporary structure or Vehicle is located, which permission indicates that the owner, operator and employees of the Temporary Commercial Vendor Business may access the washroom facilities located on that property. 7.26 Tobacco Sales 7.26.1 No person carrying on the Business of Tobacco sales shall: (a) sell Tobacco or Tobacco Products unless the Business is licensed by the Province to sell such products; (b) permit Tobacco or Tobacco Products to be displayed in the Retail Business Premises so that the Tobacco or Tobacco Products are visible to the public if young persons are permitted access to those Premises; and (c) sell any Tobacco or Tobacco Products to anyone under the age of nineteen (19) years old. 7.27 Shark Fin Products 7.27.1 No person or Business entity shall: (a) possess, trade, sell or distribute by any means, shark fins or their derivative products with the exception of possession for educational bona fide research purposes. Part 8 Offence and Penalty 8.1 Every person who: (a) owns, operates, carries on or suffers or permits a person to carry on a Business for which a Licence is required pursuant to this Bylaw without holding a current Licence for that Business; Business Licencing and Regulation Bylaw No. 6815-2011 39 (b) fails to display a current Licence as required pursuant to this Bylaw; (c) fails to provide any information or documentation as required pursuant to this Bylaw; (d) carries on, remains open, or suffers or permits a person to carry on or remain open for Business after receiving notice that a Licence has been suspended or cancelled or after the Licence has expired; (e) fails to comply with or suffers or permits a person to fail to comply with the terms and conditions of a Licence issued to that person under this Bylaw; (f) violates any of the provisions of this Bylaw; (g) suffers or permits any act or thing to be done in contravention or violation of any of the provisions of the Bylaw; or (h) neglects to, refrains from or suffers or permits a person from doing anything required to be done by this Bylaw; shall be deemed to have committed an offence under this Bylaw and shall be liable to the penalties hereby imposed. 8.2 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and is liable to the penalties imposed under this bylaw, and is guilty of a separate offence each day that a violation continues to exist. 8.3 Every person who commits an offence is liable on summary conviction to a fine or to imprisonment, or to both a fine and imprisonment, not exceeding the maximum allowed by the Offence Act. 8.4 Each day that a violation continues is a separate offence against this Bylaw. Business Licencing and Regulation Bylaw No. 6815-2011 40 READ A FIRST TIME on the 23rd day of October, 2012. READ A SECOND TIME on the 23rd day of October, 2012. READ A THIRD TIME on the 23rd day of October, 2012. RECONSIDERED AND FINALLY ADOPTED the day of ,20 . PRESIDING MEMBER CORPORATE OFFICER Schedules Schedule A – Licence Fees Schedule B – Specifications for Warning Signs Schedule C – Second Hand Dealer’s Report Business Licencing and Regulation Bylaw No. 6815-2011 41 Schedule A – Licence Fees Licence fee each calendar year unless classification of Business otherwise stated 1. ADULT ENTERTAINMENT Category Licence Fee a. Adult Entertainment Store (based on the floor area used for advertising display or sale purposes, up to and including 250 square metres) $500.00 For each square metre above 250 square metres $0.44 per square metre b. Body Rub Studio $3,000.00 c. Social Escort Service $3,000.00 2. AGRICULTURAL (called Farm Retail in Bylaw) Category Licence Fee a. Animal Production $110.00 for all categories b. Crop Farming c. Floriculture d. Greenhouse e. Nursery f. Tree Production g. Tourism 3. ANIMAL SERVICES Category Licence Fee a. Dog Daycare $110.00 for all categories b. Dog/Animal Trainer c. Dog Walker d. Groomer e. Horse Boarding (6 or more) f. Kennel Commercial – boarding g. Unclassified Animal Service 4. ARTS, ENTERTAINMENT & ASSEMBLY CENTRE Category Licence Fee a. Assembly Hall $110.00 b. Arcade/Pinball/Cyber Centre $205.00 c. Bingo $300.00 d. Casino $3000.00 plus $41 per machine or game of chance e. Children’s Play Centre $110.00 f. Cinema $110.00 per screen g. Dance studio $110.00 h. Gymnastics Centre $110.00 i. Outdoor Recreation $110.00 j. Theatre (Performing Arts) $110.00 per stage k. Unclassified Arts/Entertainment/Assembly Centre $110.00 Business Licencing and Regulation Bylaw No. 6815-2011 42 5. ARTS & ENTERTAINMENT RETAIL Category Licence Fee a. Art Dealer b. Craft/Art Supplies c. Dance Supplies d. Hobby e. Music (Instruments, Sheets) f. Recordings (CD/DVD) g. Unclassified Arts & Entertainment Retail h. Video For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 6. ARTS & ENTERTAINMENT SERVICES Category Licence Fee a. Entertainer/Performer/Producer $110.00 for all categories b. Event/Party Planning c. Mobile Music d. Recording Studio e. Speaker/Facilitator f. Talent Agency g. Unclassified Arts & Entertainment Services 7. AUTOMOTIVE Category Licence Fee a. All other Automotive Service $110.00 b. Auto Detailing/Upholstery $110.00 c. Auto Paint & Body $110.00 d. Auto Rental $110.00 e. Auto/Boats/RV/Motorcycle Repair & Service $110.00 f. Auto Towing & Transport with storage facilities $320.00 g. Auto Towing & Transport without storage facilities $160.00 h. Car Wash $110.00 i. Oil – Fuel & Heating $110.00 j. Tires Repair $110.00 Category Licence Fee k. Auto Wrecking $500.00 l. Gas Station $110.00 m. Gas Station/Convenience $160.00 n. Gas Station/Car Wash $160.00 o. Gas Station/Convenience/Car Wash $200.00 Business Licencing and Regulation Bylaw No. 6815-2011 43 Category Licence Fee p. Auto Dealer New & Used q. Auto Dealer New r. Auto Dealer Used s. Auto Parts & Supplies t. Boats & RV Dealer u. Motorcycle Dealer v. Tires Dealer w. Unclassified Auto Retail For categories p. to w., based on the floor area used for advertising display or sale purposes For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 8. BUSINESS & OFFICE RETAIL Category Licence Fee a. Computers/Business Machines b. Office Furniture c. Office Furniture & Stationary d. Stationary For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 9. BUSINESS SERVICES Category Licence Fee a. Advertising/Marketing/Public Relations $110.00 for all categories b. Answering Service c. Consulting Service d. Employment Counselling/Agency e. Office Administration Service f. Office/Business Service g. Office Equipment Repair h. Secretarial Service i. Temp Agency j. Writing Service 10. CALL CENTRE Category Licence Fee a. Call Centre Based on the floor area used for Business purposes (excluding storage space) Business Licencing and Regulation Bylaw No. 6815-2011 44 For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 11. CLOTHING & ACCESSORY RETAIL Category Licence Fee a. Children’s Clothing b. Family/Unisex Clothing c. Luggage & Leather d. Men’s Clothing e. Unclassified Personal Retail f. Women’s Clothing For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 12. CLOTHING & LAUNDRY SERVICE Category Licence Fee a. Boot/Shoe Repair $110.00 b. Dressmaker/Tailor/Alterations $110.00 c. Dry Cleaning $110.00 d. Laundromat $14.00 per machine, minimum $110.00 e. Unclassified Clothing Service $110.00 f. Unclassified Laundry Service $110.00 13. COMMUNITY CARE Category Licence Fee a. Child Care Licensed under the Community Care Act $110.00 for all categories b. Family Daycare c. Group Daycare d. In-Home Multi-Age e. Preschool 14. COMMUNITY GROUPS Category Licence Fee a. Church Organizations $0.00 for all categories b. Civic/Social Organizations c. Family & Social Services d. Foundations/Charities e. Public Service (Federal, Provincial, Municipal) f. Unclassified Community Group Business Licencing and Regulation Bylaw No. 6815-2011 45 15. COMPUTER & TECHNOLOGY SERVICES Category Licence Fee a. Computer & Electronic Repair $110.00 for all categories b. Computer Consultant c. Data Processing d. Desk Top Publishing e. Software Development f. Telecommunications g. Unclassified Computer Services h. Web Design 16. CONTRACTORS Category Licence Fee a. Awnings/Decks/Solariums/Railings $110.00 for all categories b. Building (General Contractor) c. Crane Service d. Concrete – Pour/Finish/Form/Reinforce e. Damp Proofing f. Demolition g. Drywall h. Electrical i. Fencing j. Finish Carpentry k. Flooring – Carpet, Resilient l. Framing/Forms m. Gas n. Home Inspector o. Insulation op Irrigation q. Masonry r. Mechanical s. Painter/Wallpaper t. Plumbing u. Plumbing & Gas v. Pool/Hot Tub w. Renovations/Restorations/Home Improvement x. Roofing y. Siding/Gutters z. Sign aa Site Preparation bb Sheet Metal cc Sprinkler dd Stucco ee Tile ff Unclassified Contractors gg Underground Services hh Welding Business Licencing and Regulation Bylaw No. 6815-2011 46 17. DESIGN SERVICES Category Licence Fee a. Graphic $110.00 for all categories b. Interior c. Landscape d. Unclassified Design Services 18. DIRECT SALES Category Licence Fee a. Direct Sales/Peddler/Canvasser $110.00 b. e-Commerce $110.00 c. Mail Order Agency $300.00 19. EDUCATION & INSTRUCTION Category Licence Fee a. Business School $110.00 for all categories b. Community College c. Driving School d. Fine Arts/Dance/Music e. General Interest/Hobby f. Private School – Academic g. Public School h. Support Service (Tutor) i. Trades/Tech School j. Unclassified Education & Instruction 20. ENGINEERING, SCIENCE & TECHNOLOGY Category Licence Fee a. Surveying & Mapping $110.00 for all categories b. Testing Laboratory c. Unclassified Engineering/Science 21. ENVIRONMENTAL & ECOLOGICAL Category Licence Fee a. Conservation/Ecological Organization $110.00 for all categories b. Environmental Consultant c. Environmental/Ecological Products & Services d. Planning Consultant e. Site remediation/Clean-Up 22. FINANCIAL AND INSTITUTIONAL SERVICES Category Licence Fee a. Accountant $110.00 per Accountant b. ATM/Kiosk For Businesses who have a separate Business Licence on the same Premises under this Bylaw $40.00 per machine Business Licencing and Regulation Bylaw No. 6815-2011 47 For Businesses without a separate Business Licence on the same Premises under this Bylaw $110.00 per machine Category Licence Fee c. Bank/Credit Union $700.00 d. Bookkeeping $110.00 e. Currency Exchange/Cheque Cashing Centre $700.00 f. Finance Company $110.00 g. Financial Planner Consultant $110.00 h. Insurance Agent/Broker $110.00 i. Insurance/Claims Adjuster $110.00 j. Loans & Mortgages $110.00 k. Stock/Bond Broker $110.00 l. Tax Preparation $110.00 23. FOOD & BEVERAGE RETAIL Category Licence Fee a. Bakery b. Beer and Wine Store c. Confectionary d. Convenience e. Deli f. Grocery/Supermarket g. Liquor Retail Store h. Meat i. Produce j. Specialty Food k. U-Brew l. Unclassified Food & Beverage Retail For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 24. FOOD & BEVERAGE SERVICES Category Licence Fee a. Caterer $110.00 b. Food/Beverage Delivery Service $110.00 c. Liquor Primary Licence Establishment For the first 200 occupants $1200.00 For each additional occupant $2.00 d. Liquor Primary Licence Establishment with Restaurant/ Food Primary Licence Establishment Attached For the first 200 occupants $1200.00 For each additional occupant $2.00 e. Mobile Food Vendor $110.00 Business Licencing and Regulation Bylaw No. 6815-2011 48 f. Mobile Ice Cream Vendor $110.00 g. Restaurant/Café For the first 35 chairs $110.00 For each additional chair $1.20 25. HEALTH RETAIL Category Licence Fee a. Health Food/Product b. Optical c. Pharmacy d. Unclassified Health Retail e. Vitamin & Supplement For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square meter 26. HEALTH SERVICES Category Licence Fee a. Acupressure $110.00 for all categories b. Counselling c. Dental Laboratory d. Hearing Centre e. Herbalist f. Medical/Diagnostic Laboratory h. Speech Therapist i. Unclassified Health Services 27. HOMECRAFT Category Licence Fee a. Artist $110.00 for all categories b. Ceramic & Pottery c. Floral d. Gift Baskets e. Handcraft f. Unclassified Homecraft 28. HOME & PROPERTY RETAIL Category Licence Fee a. Appliances, TV, Electronics b. Department Store c. Draperies/Blinds/Upholstery d. Flooring e. Framing/Pictures f. Furniture g. Garden Supply/Centre Business Licencing and Regulation Bylaw No. 6815-2011 49 h. Glass – Auto/Commercial/Home i. Home Décor & Household Accessories j. Home Improvement Centre k. Lighting l. Lumberyard m. Paint & Wallpaper n. Pool & Spa Supplies o. Unclassified Home & Property Retail For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 29. HOME & INDUSTRY SERVICES Category Licence Fee a. Appliance Repair $110.00 for all categories b. Carpet/Upholstery/Blind Cleaning c. Drain Cleaning d. Drapery/Blind Cleaning e. Electronic Repair f. Furnace/Duct/Chimney Cleaning g. Furniture/Upholstery Repair h. Gardener/Lawn Maintenance i. Garbage/Rubbish/Sanitation Service j. Handyman k. Industrial Equip Repair/Maintenance l. Inspection Service m. Janitor/Housekeeping n. Pest Control o. Pool Maintenance p. Power Washing/Building Cleaning q. Tool/Machine Repair r. Tree Services s. Unclassified Home/Industry Service 30. LEGAL SERVICES Category Licence Fee a. Consultant $110.00 b. Notary Public $110.00 per Notary Public c. Unclassified Legal Service $110.00 31. MANUFACTURING Category Licence Fee a. Animal Food Manufacturing b. Blinds – Windows c. Boat/Ship Building & Repair Business Licencing and Regulation Bylaw No. 6815-2011 50 d. Chemical (soap, paint) e. Clothing/Textile f. Computer/Electronic g. Concrete h. Electrical (including Lighting) i. Food & Beverage j. Foundry/Forging k. Glass l. Furniture m. Health & Beauty n. Log Homes o. Machinery/Equipment p. Metal q. Printing r. Remanufacturing s. Rubber t. Sawmill/Shake & Shingle u. Sign v. Unclassified Manufacturing w. Vehicle Parts x. Wood Products For all categories listed, the fee is based on the area used for manufacturing purposes. For Businesses with a manufacturing area of 750 square metres or less $110.00 For Businesses with a manufacturing area between 751 and 2,750 square metres $250.00 For Businesses with a manufacturing area between 2,751 and 5,000 square metres $400.00 For Businesses with a manufacturing area of 5,001 square metres or greater $550.00 32. PERSONAL SERVICES Category Licence Fee a. Beauty Salon/Barber $110.00 for all categories b. Body Painting c. Body Piercing d. Esthetics/Manicure e. Funeral/Crematory/Undertaker $110.00 per Undertaker f. Life Skill Coach g. Midwife $110.00 per Midwife h. Nail Salon i. Psychic Services Business Licencing and Regulation Bylaw No. 6815-2011 51 j. Reflexology k. Reiki l. Shiatsu m. Tanning Salon n. Tattoo Parlour o. Weight Loss Service 33. PHOTOGRAPHY & FILM Category Licence Fee a. Aerial Photographer $110.00 for all categories b. Commercial Photographer c. Film Production d. Photo Supplies/Finishing e. Portrait Photographer f. Videography 34. PROFESSIONAL SERVICES Category Licence Fee a. Acupuncture $110.00 per Acupuncturist b. Architect $110.00 per Architect c. Barrister/Solicitor $110.00 per Barrister/Solicitor d. Chiropractor $110.00 per Chiropractor e. Dentist $110.00 per Dentist f. Denturist $110.00 per Denturist g. Engineer $110.00 per Engineer h. Land Surveyor $110.00 per Surveyor i. Landscape Architect $110.00 per Architect j. Naturopath $110.00 per Naturopath k. Optometrist $110.00 per Optometrist l. Physical/Occupational Therapist $110.00 per Therapist m. Physician $110.00 per Physician n. Psychiatrist $110.00 per Psychiatrist o. Psychologist $110.00 per Psychologist p. Registered Massage Therapist $110.00 per RMT q. Veterinarian $110.00 per Veterinarian 35. PUBLISHER Category Licence Fee a. Books $110.00 for all categories b. Music c. Newspaper d. Periodical/Newsletter Business Licencing and Regulation Bylaw No. 6815-2011 52 36. REAL ESTATE Category Licence Fee a. Land Development $500.00 b. Property Management $1100.00 c. Real Estate Agency $500.00 d. Real Estate Appraiser $110.00 37. RECYCLING & SALVAGE Category Licence Fee a. Recycling $110.00 b. Salvage $500.00 c. Scrap Metal Dealer $1,200.00 38. RENTAL UNITS Category Licence Fee a. Dwelling Unit (if renting more than 1 Unit, notwithstanding that the units are located on separate Premises) - $40.00 per Unit $110.00 minimum fee *Certified Crime Free Multi Housing 75% Reduction b. Commercial/Industrial $10.00 per unit $110.00 minimum fee Category Licence Fee c. Bed and Breakfast d. Hotel e. Motel f. Room rental / Care home For categories c. to f., based on the number of rooms $10.00 per room $110.00 minimum fee Category Licence Fee g. RV Park h. Trailer Court For categories g. and h., based on the number of RV and trailer spaces. $10.00 per space $110.00 minimum fee 39. RENTAL SERVICE Category Licence Fee a. Post Box Rental Agency $210.00 b. Rental Service, Stores, Yards $110.00 40. RESOURCE INDUSTRY Category Licence Fee a. Fishing $110.00 for all categories b. Forestry/Logging c. Mining Business Licencing and Regulation Bylaw No. 6815-2011 53 d. Sand/Gravel e. Unclassified Resource Industry 41. RETAIL Category Licence Fee a. Fabric b. Florist c. Gift d. Jewellery e. Lottery f. News/Magazines/Books g. Pet Food/Supplies/Feed Dealer h. Shoes i. Toys & Novelty j. Unclassified Miscellaneous Retail For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 42. ROAD PAVING & PARKING Category Licence Fee a. Commercial Parking Lot $110.00 for all categories b. Line Marking c. Parking Management Service d. Paving e. Road Construction f. Road Maintenance g. Traffic Control h. Unclassified Road Services 43. SECOND HAND DEALER Category Licence Fee a. Antiques/Collectables b. Auctioneer c. Books/Toys d. Consignment Clothing e. Consignment Store f. Electronics/Recordings/Games g. Furniture/Appliances h. Sporting Goods i. Thrift Store For all categories not dealing in Second Hand Articles, based on the floor area used for advertising display or sale purposes Business Licencing and Regulation Bylaw No. 6815-2011 54 For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre For all categories dealing in Second Hand Articles, based on the floor area used for advertising display or sale purposes, up to and including 250 square metres $300.00 For each square metre above 250 square meters $0.44 per square metre Category Licence Fee j. Pawn $2500.00 44. SECURITY Category Licence Fee a. Fire Protection Sales/Service $110.00 for all categories b. Fire Alarm sales c. Fire Alarm service d. Locksmith e. Private Investigator f. Security sales g. Security service h. Security Patrol Service i. Security Systems Sales/Service 45. SPORTS & RECREATION CENTRE Category Licence Fee a. Bowling Alley $205.00 b. Billiards $205.00 c. Fitness Centre/Gym $110.00 per facility plus: $30.00 per gym; $30.00 per exercise room; $30.00 per court; $50.00 per lap pool; $30.00 per weight room; and $15.00 per sauna or Jacuzzi d. Golf Course $110.00 e. Ice Arena/Curling $110.00 f. Riding Academies/Stables $110.00 g. Rock Climbing $110.00 h. Swimming Pool $110.00 i. Unclassified Sport/Recreation Centre $110.00 For all categories, any Operator who holds a Liquor Primary Licence - For the first 200 occupants $1200.00 For each additional occupant $2.00 Business Licencing and Regulation Bylaw No. 6815-2011 55 46. SPORTS & RECREATION RETAIL Category Licence Fee a. Bicycle & Accessories b. Equestrian c. Sport/Outdoor d. Unclassified Sports/Recreation Retail For all categories listed above, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 47. SPORTS & RECREATION SERVICES Category Licence Fee a. Adventure/Sport Guide $110.00 for all categories b. Athletic Instructor c. Unclassified Sports & Recreation Service 48. TEMPORARY VENDOR Category Licence Fee a. Carnival/Amusement $110.00 per day b. Flowers $500.00 c. Kiosk $110.00 d. Non-Profit Sponsored Special Event $0.00 e. Produce $500.00 f. Special Event/Show/Trade Show/Exhibition $500.00 per day g. Tree $500.00 h. Unclassified Temporary Commercial Vendor $500.00 49. TRANSPORT GOODS & SERVICES Category Licence Fee a. Bus Service b. Courier/Delivery c. Freight Transport d. Mover e. Taxi/Limousine f. Trucking g. Unclassified Transportation For all categories, the fee is based on the number of vehicles used in the carrying on of Business Per each vehicle used $30.00 $110.00 minimum fee 50. TRAVEL Category Licence Fee a. Travel Agency $110.00 for all categories b. Travel Services Business Licencing and Regulation Bylaw No. 6815-2011 56 c. Tour Operator d. Unclassified Travel 51. VENDING MACHINE Category Licence Fee a. Arcade/Pinball $110.00 for all categories b. Newspaper c. Snack/Beverage d. Tobacco e. Toys/Amusement/Novelties 52. WAREHOUSING & STORAGE Category Licence Fee a. General Warehousing b. Moving & Storage c. Public Storage For each square metre of floor area $0.23 per square metre $110.00 minimum fee 53. WHOLESALE & DISTRIBUTION Category Licence Fee a. Agent/Broker b. Building Materials/Supplies c. Clothing & Textile d. Computer/Elect & Tech e. Electrical/Plumbing/Heating f. Food & Beverage g. Health & Beauty Categories h. Home Furnishings & Access i. Import/Export j. Machinery & Equipment k. Motor Vehicle Parts l. Nursery Stock & Supplies m. Paper Products n. Personal Goods o. Stationery/Office p. Unclassified Wholesale q. Wood/Lumber For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 54. Any Unclassified Business Any Business not otherwise provided for in this schedule will be categorized as “unclassified” $110.00 Business Licencing and Regulation Bylaw No. 6815-2011 57 Schedule B – Specifications for Warning Signs Signs warning of Prenatal Alcohol Exposure shall meet the following minimum requirements and the specific design as set out in this schedule. a) Minimum dimension of Poster: 0.279 m x 0.432 m b) Lettering on poster shall be in bold print, white on a red background and shall be in the minimum of font size set out in this schedule. c) The wording shall be as follows: Required Wording Required Font Any chance you might be Garamond – Size 40 Pregnant? Hurry up - Size 60 Zero Impact –Size 173 Alcohol Impact – 94.3 No Safe Time. No Save Amount Garamond - Size 30 For more information, contact HealthLink BC: 8-1-1, Health Unit: 604-476-7000 Or speak to a medical professional (Above 3 lines required in Garamond Font –Size 40) District of Maple Ridge By-law No.: 6815-2011 (Required in Garamond Font – Size 14) 1. Specifications for Warnings on Menus: Business Licencing and Regulation Bylaw No. 6815-2011 58 Notices on menus warning of Prenatal Alcohol Exposure shall meet the following minimum requirements: a) A minimum dimension of Menu Notice: minimum of 2.54 cm in height and 6.668 cm in width menu notice b) Lettering on poster shall be in bold print, white on a red background and shall be a minimum of font size as below c) The wording shall be as follows: Required Wording Required Font Any chance you might be Garamond - Size 10 Pregnant? Hurry Up - Size 13 Zero Impact - Size 30.5 Alcohol Impact- Size 16.3 No Safe Time. No Safe Amount Garamond - Size 8.5 District of Maple Ridge By-law No.: 6815-2011 (Font Size– Garamond - Size 5) Business Licencing and Regulation Bylaw No. 6815-2011 59 Schedule C – Second Hand Dealer’s Report Report to RCMP of Articles Received Date: Name of Business: Address: Business Phone #: Business Fax #: PARTICULARS OF SELLER OR PERSON PAWNING (Picture ID, Vehicle Information, Property/Make) Name: Address: DOB (YYYY-MM-DD): Buy Pawn (Slip #) Type/Number Vehicle Description & Licence Plate #: Description of Articles Purchased/Pawned: Model Number: Serial Number or Markings: Time of Purchase: Price Paid: Business Owner’s Signature: Note: Reports must be delivered to Ridge Meadows RCMP or faxed to 604-467-7633 by 9:30 am each Monday. THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE Bylaw No. 6950-2012 A Bylaw to amend Maple Ridge Building Bylaw No. 6825-2012 ________________________________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Building Bylaw No. 6825-2012; NOW THEREFORE the Council of the Corporation of the District of Maple Ridge, ENACT AS FOLLOWS: 1. This bylaw shall be cited for all purposes as "Maple Ridge Building Amending Bylaw No. 6950- 2012”. 2. Maple Ridge Building Bylaw No. 6825-2012 is amended by: (a) Deleting Schedule A “Building Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule A “Building Permit Fees”, attached hereto; (b) Deleting Schedule D “Plumbing Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule D “Plumbing Permit Fees”, attached hereto; (c) Deleting Schedule E “Gas Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule E “Gas Permit Fees”, attached hereto; and (d) Deleting Schedule F “Electrical Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule F “Electrical Permit Fees”, attached hereto; READ a first time the 23rd day of October, 2012 READ a second time the 23rd day of October, 2012 READ a third time 23rd day of October, 2012 RECONSIDERED AND ADOPTED the day of 2012 PRESIDING MEMBER CORPORATE OFFICER SCHEDULE “A” – Building Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 The following fees shall be paid by the applicant for a Permit to construct a Building or a Pool plus taxes where applicable: BASE FEES For market value of Building or Pool or Construction to be done thereon of up to $5000.00 - $150.00 For market value of Building or Pool or Construction to be done thereon of $150.00 plus: $8.95 for each additional $l000.00 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 $1000.00 or part thereof up to $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 $85.00 per dwelling unit. In addition to the above, the following fees shall be paid by the applicant for a Permit pursuant to this Bylaw: 1. Permit to erect a retaining wall - first 20m or portion thereof $100.00 for each additional 10m or portion thereof - $45.00 2. Permit to install a fireplace, stove or chimney - $100.00 for each fireplace, stove or flue. 3. Permit to install a Dry Chemical Fire Extinguishing System - $100.00 SCHEDULE “A” – Building Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 4. Building Demolition Permit - $150.00 per building 5. Temporary Building Permit $150.00 (see bylaw for additional securities) 6. Temporary Second Dwelling Permit - $150.00 (see bylaw for additional securities) Provisional Occupancy Permit - (a) SINGLE FAMILY DWELLING (i) $250.00 (90 day maximum period) (ii) $125.00 renewal (90 day maximum period) (b) MULTI FAMILY DWELLING (i) $120.00 per unit (120 day maximum period) (ii) $60.00 renewal per unit (60 day maximum) (c) OTHER THAN RESIDENTIAL (i) $500.00 per unit (60 day maximum period) (ii) $250.00 renewal per unit (60 day maximum) 8. For Change of Occupancy or use where a Building Permit is not required - $150.00 9. Permit Assignment or Transfer Fee - $150.00 10. Permit Renewal Fee - $150.00 11. Re-inspection Fee where more than 1 re-inspection is required due to the fault of the holder of a Building Permit - $150.00 for each extra re-inspection required. 12. Address Changes and Additional Unit Numbers: (i) If Permit has been issued but no occupancy Permit issued - $150.00 per unit; (ii) Permit application in process but Permit not issued - $75.00 per unit (iii) Occupancy Permit issued or existing buildings, follow fee schedule in accordance with Maple Ridge Building Numbering Bylaw 13. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 14. Miscellaneous, House Move and Special Inspections: (a) during normal working hours - $90.00 per hour; (b) outside normal working hours - $120.00 per hour; SCHEDULE “A” – Building Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 (c) minimum charge - 1 hour or as determined by collective agreement 15. A fee of $5.00 per page, for plans for micro film charge or digitization of data over and above the Building Permit Fee. 50 page minimum for single family and duplexes and 300 page minimum for multi residential, commercial, industrial and institutional. 16. Charges as shown below will be applicable for examination of alternate solutions, plans and specifications: (a) Plan Check Fee - $150.00 including up to two hours and $75.00 per hour thereafter (b) Single or Two Family - minimum $150.00 per unit (c) Other than Single or Two Family - minimum $150.00 per Building (d) Initial review of each alternate solution - $400.00 and $200.00 per revision thereof 17. For each written Building record search, for legal purposes a fee of $200.00 per parcel or file is applicable plus a fee of 10 dollars per page for supporting documentation. 18. Business License Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per inspection. 19. 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 $2,500.00 per Building. 20. 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. 21. A fee of $75.00 for environmental inspection shall be paid for each residential unit with a value in excess of $20,000.00. For each non residential unit a fee of $75.00 per unit shall be paid where the value exceeds $40,000.00. 22. A fee of $150.00 is required for each submission for minor revisions being requested to plans issued in support of a building permit. Any major revisions or revisions requiring structural modifications will be assessed and additional plan check fee as specified in item 16 of schedule “A”. 23. Notwithstanding the permit fees set out in Schedule “A”, a building permit fee may be reduced or waived should the application for the works be made under a District initiated revitalization program. The amount or percentage of reduction applicable will be that value as expressed within the most current revitalization report endorsed by the council of the District. Should a dispute as to the amount of reduction arise the form as retained by the Districts Clerks Department will be the enforceable copy. SCHEDULE “D” – Plumbing Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 The following fees shall be paid by the applicant for a Permit to install, alter or repair Plumbing plus taxes where applicable: 1. Minimum fee for any Plumbing Permit or inspections - $100.00 2. For Plumbing Construction which involves the installation of fixtures: $20.00 for the first fixture plus $18.50 for each additional fixture $10.00 for each roughed in fixture location For the purpose of this Bylaw, “fixtures” shall include Pools, interceptors, hot water storage tanks, automatic washers, roof drains, rainwater leaders, floor drains, radiant heating lo ops, solar panels, geothermal 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 $40.00 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 simila r equipment - $40.00 per item connected or installed. 4. For Plumbing Construction which involves the installation of lawn irrigation systems - $65.00 5. For Plumbing Construction which involves the installation of fire sprinkler systems: (a) for up to fifteen (15) sprinkler heads - $150.00 (b) for each additional sprinkler head - $ 1.00 6. For Plumbing Construction which involves the installation of standpipes, Fire Department connections, fire hose connections and fire hydrants - $35.00 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: (a) for single or two-family dwellings - $60.00 each (b) for other than single or two-family dwellings: SCHEDULE “D” – Plumbing Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 (i) first 30 metres or part thereof - $60.00 each (ii) each additional 30 metres or part thereof - $30.00 each (iii) each sump, catch basin, rock pit, dry well or manhole - $30.00 8. Re-inspection fee where more than 1 re -inspection is required due to the fault of the Permit holder - $150.00 for each extra re-inspection required. 9. Permit assignment or transfer fee - $150.00 10. Permit renewal - $75.00 11. Miscellaneous and special inspections: (a) During normal working hours - $90.00 per hour; (b) Outside normal working hours - $120.00 per hour; (c) Minimum Charge - 1 Hour or as determined by collective agreement. 12. Charges as shown below will be applicable for examination of plans and specifications: (a) Plan Check Fee - $150.00 including up to two hours and $75.00 per hour thereafter (b) Single or Two Family Dwellings - minimum $150.00 per unit. (c) Other than Single or Two Family Dwellings - minimum $150.00 per Building. 13. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 14. Business License Inspection Fee - minimum $75.00 per inspection, maximum $150.00 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 $2,500.00 per Building. 16. 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. SCHEDULE “E” – Gas Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 The following fees shall be paid by the applicant for a Permit to install or alter gas Construction plus taxes where applicable: 1. For gas Construction which involves the replacement of an appliance or the installation of a new gas appliance. (a) for Single or Multi-Family Dwellings: (i) $40.00 per appliance, $100.00 minimum (b) for other than Single or Multi-Family Dwellings: (i) up to 102,000 BTU/hr $60.00 per appliance, $150.00 minimum (ii) 102,001 - 409,000 BTU/hr $70.00 per appliance, $150.00 minimum NOTE: Fees 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 $40.00 per dwelling unit. 3. Gas Heated Buildings - Building heat loss calculation review (i) $75.00 per Single Family Dwelling. (ii) $15.00 per unit for Multi Family Use - not less than $75.00 per Building/cluster (iii) $150.00 per Building for other than Residential. 4. For gas Construction which involves the installation of vents or furnace plenums only - $75.00 each 5. For gas Construction which involves the installation of house piping: (a) for single or two family dwellings - $75.00 per unit (b) for other than single or two family dwellings: (i) first 30 metres or part thereof - $60.00 per unit plus (ii) each additional 30 metres or part thereof - $30.00 per unit 6. Re-inspection fee where more than one (1) inspection is required due to faul ty workmanship or materials - $150.00 for each extra re-inspection required. 7. Permit Renewal - $75.00 8. Permit Transfer - $150.00 9. Miscellaneous and special inspections: SCHEDULE “E” – Gas Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 (a) During normal working hours - $90.00 per hour; (b) Outside normal working hours - $120.00 per hour; (c) Minimum charge - l hour or as determined by collective agreement 10. Charges as shown below will be applicable for examination of plans and specifications on application of Gas Permit. (a) Plan Check Fee - $150.00 per hour including up to two hours and $75.00 per hour thereafter (b) Single or Two Family Dwellings - minimum $150.00 per unit (c) Other than Single or Two Family Dwellings - minimum $150.00 per Building. 11. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 12. Oil and Propane Fee Schedule would follow the Gas Fee Schedule “E” in its entirety. 13. Business Licence Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per 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 $2,500.00 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 . SCHEDULE “F” – Electrical Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 The following fees shall be paid by the applicant for a Permit to install Electrical Equipment plus taxes where applicable : 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: 1. a) Each hot tub or spa $15.00 b) Each hydro massage tub bath $15.00 c) Electrical Heating or based on the value $75.00 minimum of electrical heating contract, which ever is greater d) Air Conditioning/Heat Pumps $15.00 per unit e) Each sub panel $15.00 Fees for all other work not included above For market value of Electrical Equipment, including costs of installation of $0.00 - $1000.00 - $150.00 plus: $23.00 for each additional $l000.00 or part thereof up to $10,000.00 plus $ 10.00 for each additional $l000.00 or part thereof up to $100,000.00 plus $ 7.00 for each additional $l000.00 or part thereof up to $250,000.00 plus $ 5.00 for each additional $l000.00 or part thereof up to $300,000.00 plus $ 4.00 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 Electr ical Permit for other than Single Family Detached Dwellings, there will be an additional fee of $30.00 per dwelling unit. Note: Low Voltage Electrical Permits are exempted from this unit charge. In addition to the above, the following fees shall be paid by the applicant for a Permit to install Electrical Equipment. 2. Underground Service Duct - $75.00 3. Temporary: (a) Temporary to permanent connection conversion $75.00 SCHEDULE “F” – Electrical Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 (b) Temporary Service connection $75.00 4. Temporary current Permit for uses other than carnivals: (a) Initial six (6) month period - $200.00 (b) Each additional six (6) month renewal period - $150.00 5. Special Event Permit Including Carnivals: Each Location: $75.00 and minimum fee $150.00 6. Movie Location Fee: (a) One location – valid for 180 days from issuance$150.00 (b) Two locations – valid for 180 days $210.00 (c) Three locations – valid for 180 days $270.00 (d) Four locations – valid for 180 days $300.00 (e) Five locations – valid for 180 days $360.00 (f) Six locations – valid for 180 days $420.00 (g) Seven locations – valid for 180 days $480.00 (h) Eight locations – valid for 180 days $540.00 (i) Nine locations – valid for 180 days $600.00 (j) Annual Permit – unlimited locations $660.00 (k) Additional fee: Inspections outside normal work hours $206.00 minimum or as determined by collective agreement 7. Annual Permit: (a) for commercial or industrial facilities: (i) per KVA of service capacity .15 (ii) minimum fee $150.00 (iii) maximum fee $2,500.00 (b) for educational or institutional facilities - $7.50 for each classroom, shop, laboratory, office, etc. SCHEDULE “F” – Electrical Permit Fees Effective November 13, 2012 Building Amending Bylaw No. 6950-2012 8. Pool Grounding Permit - $100.00 9. Re-inspection fee where more than one (1) re-inspection is required due to faulty workmanship or materials - $150.00 for each extra re-inspection required. 10. Permit Transfer - $150.00 11. Permit Renewal - $75.00 12. Miscellaneous and special inspections: (a) During normal working hours - $90.00 per hour; (b) Outside normal working hours - $120.00 per hour; (c) Minimum charge - One (1) hour or as determined by collective agreement 13. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 14. Charges as shown below will be applicable for examination of plans and specifications : (a) Plan Check Fee - minimum $150.00 including up to two hours and $75.00 per hour thereafter (b) Single or Two Family Dwellings - minimum $150.00 per unit. (c) Other than Single or Two Family Dwellings - minimum $150.00 per Building. 15. Business License Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per inspection. 16. 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 $2,500.00 per Building. 17. 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. District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES November 5, 2012 1:00 p.m. Council Chamber PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie K. Swift, General Manager of Community Development, Councillor C. Bell Parks and Recreation Services Councillor A. Hogarth P. Gill, General Manager Corporate and Financial Services Councillor B. Masse F. Quinn, General Manager Public Works and Development Councillor M. Morden Services C. Carter, Director of Planning ABSENT C. Marlo, Manager of Legislative Services Councillor J. Dueck Other Staff as Required C. Crabtree, Director of Information Services C. Goddard, Manager of Development and Environment Services R. Acharya, Planner M. Pym, Environmental Technician D. Pollock, Municipal Engineer 1. DELEGATIONS/STAFF PRESENTATIONS 1.1 Information Services Technology Update - Christina Crabtree, Director of Information Services The Director of Information Services gave a PowerPoint presentation providing an overview of the 2013 plans for the Information Services Department. The Municipal Engineer advised on the installation of pipe for fibre optics into developments. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: Committee of the Whole Minutes November 5, 2012 Page 2 of 5 1101 RZ/108/10, 11718 224 Street and 11731 Fraser Street, Status Report for Rezoning Application at Northumberland Court Staff report dated November 5, 2012 providing an update on the status of the rezoning application process for Northumberland Court and recommending that the report be received for information. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Preliminary Design Plans RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 13, 2012. 1102 RZ/063/10, 11655 Burnett Street, One Year Extension Staff report dated November 5, 2012 recommending that rezoning application RZ/063/10 to allow construction of a four-storey apartment building with 21 units be granted a one year extension. The Planner gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Preliminary Design and Landscape Plans RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 13, 2012. Committee of the Whole Minutes November 5, 2012 Page 3 of 5 1103 2012-103-DVP, 10550 248 Street Staff report dated November 5, 2012 recommending that the Corporate Officer be authorized to sign and seal 2012-103-DVP to vary the maximum height of some retaining walls proposed on site. The Planner gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Proposed Site Plan Don Bowins, Applicant Mr. Bowins gave a description of the grading issues on the site and provided an overview of modifications proposed to permit development. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 13, 2012. 1104 2012-087-SP, 25788 98 Avenue Staff report dated November 5, 2012 recommending that Application 2012- 087-SP for a Soil Deposit Permit under the Agricultural Land Commission Act for property located at 25788 98 Avenue be forwarded to the Agricultural Land Commission. The Environmental Technician gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics Al Morrison – Applicant Mr. Morrison advised that the property is currently being used as pasture and that the applicant would like to extend this use. RECOMMENDATION Committee of the Whole Minutes November 5, 2012 Page 4 of 5 That the staff report be forwarded to the Council Meeting of November 13, 2012. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Adjustments to the 2012 Collector’s Roll Staff report dated November 5, 2012 submitting information on changes to the 2012 Collector’s Roll through the issuance of Supplementary Rolls 06 and 07. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 13, 2012. 1132 Adjustments to the 2012 Collector’s Roll Staff report dated November 5, 2012 submitting information on changes to the 2012 Collector’s Roll through the issuance of Supplementary Roll 08. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 13, 2012. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Maple Ridge Library 2013 Projected Budget Staff report dated November 5, 2012 providing information on the Fraser Valley Regional Library proposed budget for 2013 for the Maple Ridge Library. The General Manager of Corporate and Financial Services distributed a revised sheet containing amendments to that provided with the report. He outlined details of the increase in the budget and spoke to the financial implications built into the budget Caro 0’Kennedy, Library Manager The Library Manager advised that the Collective Agreement was ratified and approved by the Board. RECOMMENDATION Committee of the Whole Minutes November 5, 2012 Page 5 of 5 That the staff report be forwarded to the Council Meeting of November 13, 2012. 5. CORRESPONDENCE – Nil 6. OTHER ISSUES – Nil 7. ADJOURNMENT – 3:00 p.m. 8. COMMUNITY FORUM – Nil ___________________________________ R. Masse, Acting Mayor Presiding Member of the Committee District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 5, 2012 and Members of Council FILE NO: RZ/108/10 FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Status Report for Rezoning Application at Northumberland Court at 11718 224 Street and 11731 Fraser Street EXECUTIVE SUMMARY: In 2009 Council worked with the neighbourhood, the new owner and others to successfully achieve its objective of having Northumberland Court demolished. A secondary objective was to see the site redevelop. The rezoning application RZ/108/10 to rezone and construct a mixed use commercial/apartment and 29 unit townhouse project on the former Northumberland Court site was given First Reading on November 23, 2010. Since that date (23 months ago) the applicant has failed to complete the required rezoning conditions, nor submit the Development Permit applications that would outline for Council the nature of the future development. The applicant has also ceased all communication with the Planning Department and no longer is employing the architect working on his behalf. In accordance with Section 16 of the Development Procedures Bylaw No. 5879-1999, the file should to be closed where no activity occurs after a year. Given the complexity and public sensitivity surrounding this site, the file was kept open due to conversations with the applicant up until August 2011. All conversations have ceased since that time and the applicant has not returned calls from staff or respond to emails. A registered letter has been recently posted requesting the applicant respond to the District by indicating what his plans are for the file and the property. If no response is received by mid-November, the rezoning application will be closed. RECOMMENDATION: That “Status Report for Rezoning Application at Northumberland Court at 11718 224 Street and 11731 Fraser Street be received as information. DISCUSSION: a) Background Context Applicant: Northumberland Fraserstreet Holdings Inc. Owner: Northumberland Fraserstreet Holdings Inc. Legal Description: Lot: 8, D.L.: 398, Plan: 8181, Lot: 1, D.L.: 398, Plan: NWS8 OCP : Existing: Ground-Oriented Multi-Family Proposed: Flexible Mixed Use Zoning: Existing: RM-1 (Townhouse Residential) Proposed: CD (Comprehensive Development) - 2 - Surrounding Uses North: Use: Apartment Zone: C-3 Designation Town Centre Commercial South: Use: Single Family Homes and Apartments Zone: RM-1 Designation: Ground Oriented Multi-Family East: Use: Townhomes Zone: RM-1 Designation: Ground Oriented Multi-Family West: Use: RM-2 Zone: C-3 Designation: Low Rise Apartment Existing Use of Property: Vacant Proposed Use of Property: Mixed-Use Commercial and Apartment, 29 Townhomes Site Area: 0.464 HA (1.146 acres) Access: 224th Street (Apartment), Fraser Street (Townhomes) Servicing: Urban Lot Size: 1.146 acres combined area Previous Applications: N/A Requested Variance: N/A c) Planning Analysis: An application to rezone the site of the former Northumberland Court site and a parcel of land located at 11718 – 224th Street was submitted by Northumberland- Fraser Street Holdings Inc. on November 4th, 2010. Staff had numerous meetings and conversations with the applicant prior to making the application to work out an acceptable development scheme that cons isted of a mixed use commercial–apartment building on 224th Street and 29 townhomes on Fraser Street. Preliminary plans were received and it was on this basis that staff advanced a rezoning application to Council. First Reading to Zone Amending Bylaw No. 6771-2010 was subsequently granted by Council on November 23, 2010 with conditions that the applicant proceed to make the required Development Permit application. This has not been done and it is now almost two years after First Reading was granted. Between December 2010 and August 2011, staff has been trying to move the application forward. Referrals have been made to other Departments based upon the preliminary submission details received. Comments have been received and forwarded to the applicant in the hope of triggering movement forward. Since late August 2011 staff has not been able to make contact with the applicant. Calls and emails have been left with the applicant requesting him to please update the District on his plans for the future. Such efforts have gone unanswered. Contact has been made with the project Architect, who indicates that he has not been retained by the applicant for some time and has been left with an outstanding balance for professional services. Given these facts, this file will be closed pursuant with the provisions of the Development Procedures Bylaw No. 5879-1999. - 3 - d) Citizen/Customer Implications: The neighbourhood has endured many years of disturbance due to the poor state of most dwellings within the former Northumberland Court project. They were pleased with the demolition of the structures and securing of the site by the new owner in 2009. The lack of progress by the applicant to advance this application will be a disappointment to the neighbourhood. e) Alternatives: Alternatively, Council could direct staff not to close this file, although this is not consistent with the bylaw. CONCLUSIONS: Northumberland Court has been demolished and the site is secured by way of a portable fence. These efforts have brought to an end the worst offending features of the previous use. The applicant owns the site and can be expected in the future to proceed with some development proposal. Given the lack of contact with the owner and his unwillingness to apply for a Development Permit or retain the services of an architect, it is very doubtful the applicant wishes to proceed with the Rezoning Application at this time. Given the lack of communication, the applicant’s intentions cannot be determined at this time. However, Council’s request to proceed with a Development Permit has been ignored and is now long overdue; therefore it is staffs intention that the application be closed. "Original signed by Charles R. Goddard" _______________________________________________ Prepared by: Charles R. Goddard BA MA Manager of Development and Environmental Services "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map City of P ittMeadows District ofLangley District of MissionFRASER R. ^ DA TE: Oct 29, 2012 FILE: R Z/108/10 BY: P C 11 71 8 22 4 S TRE ET &11 73 1 FRA SE R STRE E T CO RPORA TIO N O FTHE DISTRICT O FMAPLE RIDG E PLANNING DEPARTMENT SUB JECT PROPERTY ´ Scale: 1:2,000 - 1 - District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 5, 2012 and Members of Council FILE NO: RZ/063/10 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Rezoning – First Extension Maple Ridge Official Community Plan Amending Bylaw No. 6752-2010 and Maple Ridge Zone Amending Bylaw No.6751-2010 11655 Burnett Street EXECUTIVE SUMMARY: The applicant for the above noted file has requested an extension to this rezoning application under Maple Ridge Development Procedures Bylaw No. 5879-1999. The proposal is to rezone the subject property from RS-1 (One Family Urban Residential zone) and C-3 (Town Centre Commercial zone) to RM-2 (Medium Density Apartment Residential zone) to allow future construction of a four-storey apartment building with 21 units. This project meets the requirements for inclusion in the Town Centre Incentives (TCI) Program under the “New Residential Construction-4 storeys and higher” category falling within Sub Area 1 of the Town Centre Area. The applicant has been actively working towards satisfying Council’s conditions and it is anticipated that final approval will be sought within a few months. RECOMMENDATION: That a one year extension be granted for rezoning application RZ/063/10 and that the following conditions be addressed prior to consideration of Final Reading: i. Approval from the Ministry of Transportation; ii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; iii. Amendment to Schedule “C” of the Official Community Plan; iv. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; v. Road dedication as required; vi. Removal of the existing buildings; vii. Park dedication as required; viii. Registration of a Habitat Protection Restrictive Covenant for environmentally sensitive areas that will be outside the areas dedicated as park; ix. Registration of a Restrictive Covenant protecting the Visitor Parking. - 2 - DISCUSSION: a) Background Context: Applicant: Wayne Bissky of W S Bissky Architect Inc. Owner: Shishu P Sharma and Sheila Sharma Legal Description: Lot: 10, Section: 17, Township: 12, Plan: 12197; PID: 008-956-278 OCP: Existing: Low-Rise Apartment, Conservation Zoning: Existing: RS-1 (One Family Urban Residential), C-3 (Town Centre Commercial) Proposed: RM-2 (Medium Density Apartment Residential) Surrounding Uses: North: Use: Apartment Zone: C-3 (Town Centre Commercial), RS-1 (One Family Urban Residential) Designation Low-Rise Apartment, Conservation South: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Low-Rise Apartment, Conservation East: Use: Lougheed Highway and Burnett Street, beyond which is Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Ground-Oriented Multi-Family Existing Use of Property: Vacant Proposed Use of Property: Multi-Family (Apartments) Site Area: 0.58 acre (2347.26 m2) Access: Burnett Street Servicing requirement: Full Urban Companion Applications: DP/063/10; DVP/063/10; 2011-039-DP (WPDP) This application is to permit 21 units in the RM-2 (Medium Density Apartment Residential) zone. The following dates outline Council’s consideration of the application and Bylaw/s 6752-2010 and 6751-2010:  The First Reading Report was considered on August 30, 2010.  First Reading was granted August 31, 2010  The Second Reading Report (see attached) was considered on August 29, 2011.  Second Reading was granted August 30, 2011.  Public Hearing was held September 20, 2011  Third Reading was granted October 11, 2011 - 3 - Application Progress: Approval from the Ministry of Transportation was received on November 25, 2011. The applicant has completed most of the terms and conditions to be met prior to Final Reading of the Zone Amending Bylaw. The major outstanding item is the finalizing of the Rezoning Servicing Agreement outlining the off-site servicing upgrades and the associated monies. The initial design for off-site servicing works has undergone revisions based on comments from the Engineering Department and the final drawings are being prepared by the applicant’s engineer which is anticipated to be submitted soon. It is anticipated that final approval along with the Development Permit (form and character) approval will be sought within a couple of months. Alternatives: Council may choose one of the following alternatives: 1. Grant the request for extension; 2. Deny the request for extension; or 3. Repeal Third Reading of the bylaw and refer the bylaw to Public Hearing. CONCLUSION: The proposal is located within the south-eastern portion of the Town Centre Area and fits well with Council’s vision of increasing residential density within the Town Centre Area. It is anticipated to provide smaller units (one and two bedroom units ranging from 56 m2 to 78.6 m2 unit size each). It also promises substantial clean-up and enhancement in the riparian areas around Creek 33 and its tributary, including increased conservation areas on site. The applicant has been actively pursuing the completion of this rezoning application and has applied for a one year extension. It is anticipated that within the next few months , request for Final Reading approval will come in. _”Original signed by Rasika Acharya”________________ Prepared by: Rasika Acharya, B-Arch, M-Tech, UD, LEED® AP, MCIP, RPP Planner "Original signed by Christine Carter"_________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning "Original signed by Frank Quinn"____________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule"___________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Second Reading Report City of P ittMeadows District ofLangley District of MissionFRASER R. ^ DA TE: Oct 29, 2012 FILE: R Z/063/10 BY: P C 11 65 5 BU RNETT S TRE ET CO RPORA TIO N O FTHE DISTRICT O FMAPLE RIDG E PLANNING DEPARTMENT SUBJECT PROP ERTY ´ Scale: 1:2,000 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 5, 2012 and Members of Council FILE NO: 2012-103-DVP FROM: Chief Administrative Officer MEETING: COW SUBJECT: Development Variance Permit 10550 248 Street EXECUTIVE SUMMARY: A Development Variance Permit application has been received for the subject site to vary the maximum height of some retaining walls proposed on site. A Multi-Family Development Permit was recently approved along with some setback and height variances for 34 townhouse units in eight blocks, for the subject site. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2012-103-DVP respecting property located at 10550 248 Street. DISCUSSION: a) Background Context Applicant: Don Bowins Owner: 0865274 BC LTD. Legal Description: Lot: 43, Section: 11, Township: 12, Plan: BCP36341; OCP: Existing: Medium Density Residential Proposed: Medium Density Residential Zoning: Existing: RM-1 (Townhouse Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: 106th Avenue and vacant currently; future Multi-Family Residential (townhouses) Zone: RM-1 (Townhouse Residential zone) Designation: Medium Density Residential South: Use: Vacant currently; future Multi-Family Residential (townhouses) Zone: RM-1 (Townhouse Residential zone) and A-2 (Upland Agricultural zone) Designation: Medium Density Residential & Conservation - 2 - East: Use: Vacant currently; future Single Family Residential Zone: R-1 (Residential District zone); RM-1 (Townhouse Residential zone) and A-2 (Upland Agricultural zone) Designation: Medium Density Residential & Conservation West: Use: 248th Street and Single Family Residential Zone: R-3 (Special Amenity Residential District zone) Designation: Medium Density Residential Existing Use of Property: Vacant Proposed Use of Property: Multi-Family Residential (34 townhouse units) Access: 248th street Servicing: Full Urban Previous Applications: RZ/090/04; SD/090/04; DP/114/07 and DVP/114/07 Requested Variance: Maximum height of some retaining walls on site b) Project Description: The subject site (Appendix A), which was historically a gravel pit, has been heavily modified by site grading over the years. The existing grades are challenging and will require substantial retaining. The whole site has now been re-graded and slopes down towards 248th Street. The units are designed to match the proposed grades. The proposed retaining walls along the eastern boundary have been stepped and staggered to minimize any visual impacts. These retaining walls are required to retain the steep grades on the east, adjacent to the future bare land strata road. The townhouse units are oriented in the north-south direction to maximize southern exposure and to minimize any visual impact of the proposed retaining walls along the eastern portions (Appendix C). A total of 34 units are proposed in eight blocks; each block consisting of four to five units. Each unit has its own two-car parking garage and the required visitor parking stalls are well distributed throughout the site. Two main accesses are proposed from 248th Street to allow adequate access to all the blocks (Appendix B). The subject site was zoned in 2007, after which this and the surrounding properties changed hands. The new owners/developer is committed to ensuring the stability of the steeper slopes on the east. c) Planning Analysis: The proposed design of townhouses is consistent with the “Multi-Family Development Permit Guidelines” for form and character as per Section 8.7 of the Official Community Plan. Council supported some height and setback variances for the proposed 34 townhouse units. A Multi-Family Development Permit was issued. At that time details of the retaining wall were not provided. d) Zoning Bylaw: The RM-1 zone (Townhouse Residential District) is intended for low to medium density townhouses and multi family residential buildings. The proposal meets this intent but the site has a challenging topography, triggering some retaining walls that exceed the maximum 1.2 metre permitted height. The proposed retaining walls are along the eastern portion, in the side yards of buildings 2, 4, 6 and 8 as proposed and identified on Appendix B and C and are not anticipated to negatively impact the future residents, as all the townhouse units are oriented in the north-south direction and the future single family homes on the east will be at a much height than the retaining walls, overl ooking them. None of the units will be directly facing these retaining walls. - 3 - e) Variances to the Zoning Bylaw: Part 4, Section 403(8) i.e. Maximum Retaining Wall Height, in any zone within the Zoning Bylaw, is permitted to be 1.2 metres. The applicant is proposing some walls to range from 1.25 metres to 3.17 metres in height depending on the location within the eastern setbacks of the proposed townhouses (Appendix C). This is achieved by stepping and staggering the retaining walls in the side yards of proposed buildings 2, 4, 6 and 8, over the total height of soil to be retained, into two walls, lower and upper walls (Appendix C). This is supported by a Geotechnical Report done by Valley Geotechnical Engineering Services Ltd. The heights of the proposed retaining walls are as listed below (Appendix C): i. For the retaining wall between building 2 and the eastern property boundary, the upper wall is proposed to be 1.7 metres high; requiring a variance of 0.5 metre; ii. For the retaining wall between building 4 and the eastern property boundary, the lower wall is proposed to be 1.4 metres high; requiring a variance of 0.2 metre and the upper wall is proposed to be 1.6 metres high; requiring a variance of 0.4 metre; iii. For the retaining wall between building 6 and the eastern property boundary, the upper wall is proposed to be 1.7 metres high; requiring a variance of 0.5 metre; iv. For the retaining wall between building 8 and the eastern property boundary, the upper wall is proposed to be 2.0 metres high; requiring a variance of 0.8 metre; v. For the retaining wall between building 6 & 8 and the eastern property boundary, the lower wall is proposed to be 3.08 metres high; requiring a variance of 1.88 metres and the upper wall is proposed o be 1.7 metres high; requiring a variance of 0.5 metre; vi. For the retaining wall between building 2 & 4 and the eastern property boundary, the lower wall is proposed to be 3.17 metres high; requiring a variance of 1.97 metres and the upper wall is proposed to be 2.20 metres high; requiring a variance of 1.0 metre. The above noted retaining walls are required due to challenging topography of the site and are not anticipated to negatively impact any neighbours. The design of the retaining walls has been signed off and sealed by a professional engineer. f) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the proposed variances and has no concerns. Fire Department: The Fire Department has reviewed the proposed variances and has no concerns. Building Department: The Building Department has reviewed the proposed variances and has no concerns. g) Citizen/Customer Implications: The mail outs to inform residents of the proposed variances were mailed 10 days prior to the anticipated Council Meeting date. Concerned residents in the neighbourhood have had the opportunity to voice their opinions. - 4 - h) Alternatives: Council recently approved the Multi-Family Development Permit along with some setback and height variances for the 34 townhouse units. The developer is eager to get Building Permits for phase 1 which will comprise of 17 units while the other half are anticipated to be built in phase 2. Council approval for the proposed retaining wall height variance is required prior to the Building Permits being approved. CONCLUSIONS: The subject site was zoned in 2007 after which the properties changed hands. The new owners/developer is committed to ensuring the stability of the steeper slopes on the east. Council recently approved the Multi-Family Development Permit along with some setback and height variances for the 34 townhouse units. It is anticipated that these will be built within a year or two, in two phases. The proposed variances for the retaining walls are neither anticipated to negatively impact the residents of the townhouse units nor the future owners of the bare land strata lots on the east. This is because the townhouse units are oriented to face away from the retaining wall and the future bare land strata single family lots on the east are at a much higher level, over-looking the townhouses. It is recommended that 2012-103-DVP respecting property located at 10550 248th Street, be approved. “Original signed by Rasika Acharya” _______________________________________________ Prepared by: Rasika Acharya, B-Arch, M-Tech, UD, LEED® AP, MCIP, RPP Planner "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Proposed Site Plan (approved) Appendix C – Proposed Landscape Plan and part sections showing the location/height of the proposed retaining walls City o f P ittMeadows Dist rict o fLangley District of MissionFRAS ER R. ^ DA TE : S e p 2 8 , 2 0 1 2 20 1 2 -1 0 3 -V P BY : J V 10 55 0 -2 4 8 St CO RPORAT ION OFTHE DIST RICT O FMAPLE RIDGE P L A N N I N G D E P A R T M E N T 10556 1060 1106511065 6 1060 6 10567 10536 1055 3 1064 0 1067 0 1066 5 1067 5 248701 0 6 6 3 1 0 6 7 6 10580 10613 10559 1068 3 1067 6 10653 247811067 7 1068 0 1066 9 106532487 51 0 6 6 024760 10577 1064 7 10572 247931063310536 10558 10541 1 0 6 4 9 10555 10619 10565 10641 2476710556 10560 10661 105781068 1 1065 5 248591064010530 10570 10576 10605 1 0 6 4 7 1 0 6 4 3 10573 1 0 6 3 9 1068 2 247871056 3 106 1 6 1065 0 1065 6 1066 6 1065 9 1066 8 24878248962488324899249071 0 6 7 3 10540 10562 1 0 6 2 5 10571 10581 10568 1055 0 1066 0 1067 6 1067 2 10649 24891106501067 9 10540 1 0 6 3 3 10546 10552 10639 2477510669 105821066 2 2486 0 106391064 3 248911 0 6 5 3 10546 1068 6 10531 10566 1 0 6 6 6 10551 10561 1 0 6 4 5 1054 3 1048 0 1065 2 1065 8 2486724886ReservoirKIMOLA WAYJACKSON RD.1 0 6 A V E .248A ST.KIMOLA WAY249 ST.105 A AVE. ROBERTSON ST. 106B AVE. 97 4 7 BCP 36341BCP 2269719B CP 26096136 28 39 36 SK 6 504 F 33 9 10 8 25 24 19 32 B CP 36 341 94 BCP 3634121 147 11 8 P 12 923 11 26 37 N 1 /2 of S E 1/4 31 12 4 6 21 9BCP 2609611 7 11 6 P 12 923 16 134 24 38BCP 3634129 137 32 100 BCP 195331 2 BCP 36 341 22 31 29 3 98 23 133 22 144 12 139 41 44 20 45 Re m 1 1 2 10 Re m 1 2 18 13 BCP 2609640 30 140 34 43 3 5 11 13 16 17 18 22 17 146 120 14 P 18 280 11 27 28 96 5 121 25 27 143 35 99 B CP 36 341 23 33 30 PAR K 148 6 20 8 11 9 15 145 135 122 *PP023142 138 111 11 0 Ptn of 141 42 7 14 15 26 B CP 35 626 S ub je c t P ro p er ty ´ Sc a le: 1:2,5 00 SWALE CLLDSWALE CLSWALE CLSWALE CLSWALE CLSWALE CLLDSWALE CLLDLDLDLDLDLD110WWWW105.74CBCBCBDDDDFFE 105.15345'-0"FFE 105.15345'-0"FFE 103.99341'-2"FFE 103.99341'-2"UNIT 9UNIT 10UNIT 25UNIT 26CHK'D:11053-9.ZIPDRAWN:DESIGN:SCALE:DATE:PMG PROJECT NUMBER:11-053OF 9DRAWING TITLE:MAPLE RIDGE, B.C.ALBION TOWNHOUSESPROJECT:DRAWING NUMBER:REVISION DESCRIPTIONNO. DATE DR.10550 248TH ST. SEAL:LANDSCAPE ARCHITECTSBurnaby, British Columbia, V5C 6G9p: 604 294-0011; f: 604 294-0022Suite C100 - 4185 Still Creek Driveltd. Copyright reserved. This drawing and design is theproperty of PMG Landscape Architects and may not bereproduced or used for other projects without theirpermission.cCLIENT:1 11.NOV.03 DP SUBMISSIONS MM2 11.NOV.28 CITY COMMENTS MM3 12.MAR.14 DP RESUBMISSION RC4 12.MAY.04 BP SUBMISSION RC5 12.MAY.09 REVISE GRADES RC6 12.SEPT.21 REVISE GRADES RC7 12.OCT.03 REVISE GRADES RCLANDSCAPESECTIONSL512.FEB.22AS NOTEDRCRCMCY District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 5, 2012 and Members of Council FILE NO: 2012-087-SP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Soil Deposit Permit 25788 98 Avenue EXECUTIVE SUMMARY : A Soil Deposit application has been made to the District which falls under Section 20(3) of the Agricultural Land Commission Act. This site is 8.0 hectares and is within the Agricultural Land Reserve (ALR). This application arises from the property owner’s interest to improve agricultural utilization of the property. The proposed volume of soil material for deposit at this property is 32,000 cubic metres (m3); approximately 4600 truck loads. The land owner’s proposal consists of an average fill depth of 1.0 metre and the fill area covers approximately 3.8 hectares (9.4 acres). This application is being processed under the requirements of the Agricultural Land Commission (ALC) which requires Council’s comments and recommendations concerning the proposed fill activity on ALR land prior to forwarding the application (with Council’s comments) to the ALC for review. Based on the information provided by the applicant, discussion with ALC staff and review of ALC policies, District Staff support this application. The property is currently farmed and the property has Farm Tax status. Any fill application approved by the ALC will be required to conform to the District’s regulations (specifically the Soil Deposit Bylaw No. 5763-1999). RECOMMENDATION: That the application for a Soil Deposit Permit under Section 20 (3) of the Agricultural Land Commission Act for the property at 25788 98 Avenue be forwarded to the Agricultural Land Commission. BACKGROUND : Applicant: Al Morris (Co-Pilot Industries Ltd.) Owner: Doreen Keel and Alfred Keel Legal Description: Lot 21, Sec. 1, Tp 12, NWD Plan 43282 Zoning: Existing: 100% RS-3 (One Family Rural Residential) OCP : Existing: 100% AGR (Agricultural) Surrounding Uses North: Use: 4 properties, Agricultural and Rural Residential Zone: (2) 100% RS-3 (One Family Rural Residential) OCP: (2) 100% AGR (Agricultural) Zone: (2) 100% RS-3 (One Family Rural Residential) OCP: (2) 100% URBRES (Urban Reserve) - 2 - South Use: Suburban Residential and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) OCP: 86% SUBRES (Suburban Residential) 14% RURRES (Rural Residential) East Use: 4 properties, Agricultural and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) OCP: 100% AGR (Agricultural) West Use: 2 properties, Agricultural and Rural Residential Zone: 100% RS-3 (One Family Rural Residential) OCP: 100% AGR (Agricultural) Existing Use of Property: Agricultural, Single Family Residential Proposed Use of Property: Agricultural, Single Family Residential Access: Spillsbury Street PROJECT DESCRIPTION: The property is located within the Agricultural Land Reserve, not within a floodplain, and over an underground aquifer (Grant Hill Aquifer) that is used for local resident water supply. The mainstem of Sprott Creek flows north to south along the western property boundary. Three tributaries to Sprott Creek flow north to south within the southwestern portion of the property and one tributary flows from the north-west to the south-east across the southeastern corner of the property. Sprott Creek has a 30 metre setback, and provides drainage for properties to the north, east, south and west of the subject property. Of the three tributaries in the south -west corner of the property, the western most tributary would have a 30 metre protective setback. The tributary along the southern boundary of the property would have a 10 metre protective setback from the Top of Ravine Bank. Limited filling and grading work is proposed within the identified protective setbacks, however the short term filling activity is not expected to negatively affect these watercourses as the appropriate erosion and sediment control measures will be required along with monitoring by a qualified environmental professional. The habitat within the protective setbacks will be restored with native vegetation following completion of the fill and grading work. The applicant has proposed to bring fill onto the property in order to reduce the uneven terrain that limits the operation of agricultural machinery in certain areas of the property and subsequently the importation of fill is expected to improve soil quality. A soils study completed by Madrone Environmental Services Inc. has concluded that filling according to the company’s prescriptions will improve soil quality from a mixture of Class 2 to Class 7 soils to Class 2 soils. The applicant is proposing to place 32,000 m3 of soil over 3.9 hectares (49%) of the property. The elevation of the 3.9 hectares will be raised an average of 1.0 metre. The applicant has submitted survey drawings from Wade & Associates Inc., a geotechnical assessment report, proposed contours and fill elevations from Valley Geotechnical Engineering Services Ltd., and a hydrological assessment and soil quality assessment prepared by Madrone Environmental Services Ltd. An amendment to the Hydrological and Soil Qual ity assessment report from Madrone Environmental Services Ltd. states that the underlying aquifer and subsequently - 3 - groundwater wells used for residential purposes will not be impacted as a result of the proposed fill activity. ENVIRONMENTAL IMPLICATIONS: There are concerns associated with the potential impacts of filling with regards to management of storm water and water quality during and following the proposed filling activity. Two tributaries to Sprott Creek are located in close proximity to the proposed soil deposit and grading area. The western tributary is located along the western boundary of the fill project and the southern tributary is located south and downslope of the proposed fill site As a condition of the Permit, the Permit holder will be required to restore riparian habitat along these two tributaries to Sprott Creek and establish protective fencing for these protected riparian areas. If Council supports the Permit and it is approved by the ALC, the Permit holder will be required (in compliance with the Watercourse Protection Bylaw) to provide assurances (refundable securities) that adequate stormwater management and erosion and sediment control measures are established for this site to ensure that negative impacts to the adjacent watercourse and neighbouring properties do not occur as a result of this proposed soil deposit project. INTERGOVERNMENTAL ISSUES: Agricultural Land Commission: Under the existing regulations, if the local government approves, in principle, the Soil Deposit Application, the ALC must review the proposal for Soil Deposit in the Agricultural Land Reserve. If the ALC does not approve the Application, the District cannot grant a Permit. If the ALC does approve the Application, the District is obligated to grant a Permit, however, the District can and will regulate the soil deposit through the requirement of professional reports and assurances, appropriate securities, and permit conditions as permitted by the District of Maple Ridge Soil Deposit Bylaw (No. 5763-1999). It is our understanding that the proposed Soil Deposit Permit application will need to be approved by the ALC as per Section 20 of the Agricultural Land Commission Act. CITIZEN/CUSTOMER IMPLICATIONS: There are ongoing Resident concerns related to existing fill operations located within rural residential areas and in ALR areas within the District. The four most notable concerns that have been raised by residents regarding soil deposit sites and activities in rural areas include impacts to road safety, impacts to road conditions, an increase in noise and environmental impacts as a result of increased truck traffic and site disturbances. The District has the ability to apply conditions to the Permit in an attempt to address the concerns outlined above. INTERDEPARTMENTAL IMPLICATIONS: Filling, land grading, traffic and road conditions within this rural residential area are issues that affect Planning, Engineering, Building, Enforcement and Operations Departments. Consensus on - 4 - acceptable risk standards and traffic volumes would provide a consistent approach and requirements for similar proposals for properties in rural residential and agricultural land areas. ALTERNATIVES: The applicant is asking for a Permit to raise the level, and grade, of approximately 49% of the property. The arguments for depositing the 32,000 m3 (4600 truck loads) include improving soil conditions and improving topographical constraints that currently limit farm use of land on the property. Alternatives that could be considered to provide some improvements would include the following. 1. Grading the land without additional soil material to improve access. 2. Install groundwater/stormwater management system to capture surface water runoff and transfer this water, in a controlled fashion, to Sprott Creek. CONCLUSION : Based on the information provided by the applicant, the Soil Deposit Permit Application is supported. It is our understanding that the proposed Soil Deposit Permit application provides adequate justification for this activity to occur on land within the Agricultural Land Reserve. It is recommended that this proposal be approved through resolution by Council and for warded to the ALC. The ALC will determine whether this non-farm use proposal would be beneficial to agriculture. “Original signed by Mike Pym”_____________________ Prepared by: Mike Pym, MRM, MCIP, RPP Environmental Technician “Original signed by Christine Carter”_________________ Approved by: Christine Carter, M.PL. MCIP, RPP Director of Planning "Original signed by Frank Quinn"_________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule"_______________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map City of Pitt Meadows District of Langley District of MissionFRASER R. ^DATE: Oct 29, 2012 FILE: 2012-087-SP BY: PC 25788 98 AVENUE CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:3,000 District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: Nov. 05, 2012 and Members of Council FILE NO: T21-212-003 FROM: Chief Administrative Officer ATTN: C.O.W. SUBJECT: Adjustments to 2012 Collector’s Roll EXECUTIVE SUMMARY: BC Assessment (BCA) has revised the assessed value for the 2012 Collector’s Roll through the issuance of Supplementary Rolls 06 and 07. The Collector is required to make all the necessary changes to the municipal tax roll records and reports these adjustments to Council. RECOMMENDATION(S): The report dated Nov. 05, 2012 is submitted for information. DISCUSSION: a) Background Context: Five folios were adjusted in total: Reductions were made to the assessments of a vacant commercial property, as well as two residential properties to accurately reflect their current conditions and values. One property had its farm status reinstated. A successful appeal to the Property Assessment Appeal Board (PAAB) by the owners of a commercial/residential split property in the area of 223rd Street and 117th Avenue resulted in a reduction of the assessed value of the improvements. (Municipal tax revenue changes: Decrease in Class 1 (Residential) $6,670; Decrease in Class 6 (Business) $6,215; Increase in Class 9 (Farm) $238) b) Business Plan/Financial Implications: There is a total decrease of $ 12,647 in municipal tax revenue. CONCLUSIONS: Corrections by BC Assessment and an appeal settled by PAAB resulted in a decrease of $1,631,300 to the Residential assessment base, a decrease of $528,900 to the Commercial assessment base, and an increase of $8,863 to the Farm assessment base. This report dated Nov. 05, 2012 is submitted for information and is available to the public. “Original signed by Silvia Rutledge”___________ Prepared by: Silvia Rutledge Manager, Revenue & Collections “Original signed by Paul Gill” ______________ Approved by: Paul Gill, B.B.A.; C.G.A. General Manager: Corporate & Financial Services “Original signed by J.L. (Jim) Rule______________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: Nov. 05, 2012 and Members of Council FILE NO: T21-212-003 FROM: Chief Administrative Officer ATTN: C.O.W. SUBJECT: Adjustments to 2012 Collector’s Roll EXECUTIVE SUMMARY: BC Assessment has revised the assessed value for the 2012 Collector’s Roll through the issuance of Supplementary Roll 08. The Collector is required to make all the necessary changes to the municipal tax roll records and reports these adjustments to Council. RECOMMENDATION(S): The report dated Nov. 05, 2012 is submitted for information. DISCUSSION: a) Background Context: Three folios were adjusted in total: The owner of two commercial properties located between Dewdney Trunk Road and Lougheed Highway east of 203rd Street, as well as the owner of a commercial property located in Albion, appealed their 2012 assessments. For the first two properties it was determined that rental revenues used to calculate building values were overstated and resulted in an incorrect valuation. For the third property it was determined that the condition of the building warranted a decrease of the assessed value of improvements. (Municipal tax revenue changes: Decrease in Class 6 (Business) $34,477) b) Business Plan/Financial Implications: There is a total decrease of $ 34,477 in municipal tax revenue. CONCLUSIONS: Appeals of 2012 assessed values settled by the Property Assessment Appeal Board of British Columbia resulted in a decrease of $2,934,000 to the Commercial assessment base. This report dated Nov. 05, 2012 is submitted for information and is available to the public. “Original signed by Silvia Rutledge” ___________ Prepared by: Silvia Rutledge Manager, Revenue & Collections “Original signed by Paul Gill” _________________ Approved by: Paul Gill, B.B.A.; C.G.A. General Manager: Corporate & Financial Services “Original signed by J.L. (Jim) Rule ________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: 2012-11-05 and Members of Council FILE NO: CDPR-0640-30 FROM: Chief Administrative Officer MEETING: Committee of the Whole SUBJECT: MAPLE RIDGE LIBRARY 2013 PROJECTED BUDGET EXECUTIVE SUMMARY: The Fraser Valley Regional Library proposed budget for 2013 for the Maple Ridge Library is attached. A significant adjustment is attributed to a change in inter-library usage as a result of the opening of the new Pitt Meadows Library. This change was anticipated and planned for so that the proposed FVRL budget falls within funding plans anticipated in the District’s 2013 budget plan. RECOMMENDATION: No resolution required. DISCUSSION: a) Background Context: An agreement between the Municipality and Fraser Valley Regional Library (FVRL) for the operation of the current Library has been in place since 2002. The Pitt Meadows Library opened in 2012 and increased usage at this location has had an impact on the inter-library usage formula. This is not unusual and a similar impact would have occurred in other Municipalities when the Maple Ridge Library opened. b) Desired Outcome: The desired outcome of the agreement and of our relationship with FVRL is the provisio n of good quality Library services in a cost effective manner that provides seamless service throughout the region. c) Strategic Alignment: Library services are a fundamental component of Council’s strategic direction of a safe and livable community. The Library contributes to this direction through resources, inclusive services and community gathering opportunities. d) Citizen/Customer Implications: The 2011 Parks and Leisure Services random sample survey conducted by Points West Consulting Inc. identified that 67% of households use the Maple Ridge Library and that the trend in usage is increasing from year to year since we began measuring Library usage in 2002. e) Business Plan/Financial Implications: The 2012 budgeted amount for the Library was $2,486,131. The budgeted amount for 2013 is $2,616,123. The FVRL proposed budget of $2,603,564 can be accommodated within this envelope. A notable cost driver within the proposed budget is due to a change in net usage which results in an increase to Maple Ridge’s contribution by 92.29%. This adjustment was anticipated and can be accommodated within the planned budget for the Library. CONCLUSIONS: The agreement with FVRL has been very positive in terms of providing valuable services to Maple Ridge residents. FVRL’s proposed 2013 budget for the Maple Ridge Library falls within what was anticipated in the District’s 2013 budget plan. _______________________________________________ Prepared by: Kelly Swift, General Manager Community Development, Parks and Recreation Services _______________________________________________ Approved by: Paul Gill, General Manager Financial and Corporate Services _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer KS Fraser Valley Regional District Budget 2013 analysis 2013 Draft Budget - v1c4b October 31, 2012 2013 2012 Diff % Direct Costs Salaries and Benefits 1,401,947.00$ 1,356,922.00$ 45,025.00$ 3.32% Photocopier 8,580.00$ 8,580.00$ -$ 0.00% Capital Expenses 40,000.00$ 40,000.00$ -$ 0.00% Total Direct Costs 1,450,527.00$ 1,405,502.00$ 45,025.00$ 3.20% Shared Services Costs Client Services 71,089.00$ 60,892.00$ 10,197.00$ 16.75% Library materials 549,883.00$ 550,917.00$ (1,034.00)$ -0.19% Information Technology 236,915.00$ 239,196.00$ (2,281.00)$ -0.95% Shipping & Receiving 31,390.00$ 48,859.00$ (17,469.00)$ -35.75% Outreach Services 46,524.00$ 46,547.00$ (23.00)$ -0.05% MarComm & Purchasing 53,711.00$ 44,200.00$ 9,511.00$ 21.52% Administration 313,687.00$ 269,650.00$ 88,951.00$ 32.99% Total Shared Services Costs 1,303,199.00$ 1,260,261.00$ 42,938.00$ 3.41% Usage Adjustment Less cost to other FVRL communities (181,505.00)$ (179,527.00)$ (1,978.00)$ 1.10% Plus costs from other FVRL Libraries 248,205.00$ 214,395.00$ 33,810.00$ 15.77% Adjustment for Metro Vancouver minimum (199.00)$ (285.00)$ 86.00$ -30.18% Net Usage Adjustment 66,501.00$ 34,583.00$ 31,918.00$ 92.29% Less: Revenue 216,664.00$ 214,215.00$ 2,449.00$ 1.14% Member Assessment 2,603,563.00$ 2,486,131.00$ 117,432.00$ 4.72% Maple Ridge District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 13, 2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Council SUBJECT: Pitt Meadows Airport Society Bylaw Amendment EXECUTIVE SUMMARY: The Pitt Meadows Airport is owned by the Pitt Meadows Airport Society (“the Society”) whose members are the District of Maple Ridge and the City of Pitt Meadows, who are represented by their respective Council appointee, and the Mayor of each community. The directors, who are appointed by the four members, have the collective responsibility to run the affairs of the Society in accordance with the constitution and bylaws and to act in the best interest of the membership. The members are not represented on the Board and a change to the bylaws to include the Mayors of Pitt Meadows and Maple Ridge as non-voting Directors was recommended to Council in July 2012. At the Council meeting of July 24, 2012 Council passed a resolution to effect that change to the bylaws. Since that time, the Society has asked that an exception to the two term maximum be made for the current President, Michael Pierce, to serve a third term and that quorum and convening of a meeting of the directors be clarified. The changes from July 24, 2012 are highlighted. Two housekeeping items under sections 5.8 and 5.11 were deemed unnecessary and eliminated from the original resolution. RECOMMENDATION: The Council of the District of Maple Ridge, in open meeting assembled, hereby resolves as follows: 1. That resolution R/2012-369 passed at the Council meeting of July 24, 2012 be rescinded. 2. That the District consents to the bylaws of the Pitt Meadows Airport Society being amended in respect of the number, appointment and term of directors by deleting sections 5.3, 5.7, 6.3 and 6.5 and replacing them with the following sections 5.3, 5.7, 6.3 and 6.5. 5.3 The number of directors of the society shall be nine (9). 5.7 The directors of the society and their terms of office shall be as follows: (a) as non-voting directors of the society with the right to participate in meetings of the directors, for an unlimited term: 1201 i. the person holding the office of the Mayor of the City of Pitt Meadows from time to time, or his or her designate, which designate may be another member of Council, the Chief Administrative Officer or the Deputy or Acting Chief Administrative Officer; and ii.the person holding the office of the Mayor of the District of Maple Ridge from time to time, or his or her designate, which designate may be another member of Council, the Chief Administrative Officer or the Deputy or Acting Chief Administrative Officer ; (b) as voting directors of the society, with the right to participate in and vote at meetings of the directors: i. Ron Salome for a term to expire at the annual general meeting in 2011; ii. Michael Pierce for a term to expire at the annual general meeting in 2012; iii. Mark Miller for a term to expire at the annual general meeting in 2012; iv. Geoffrey Johnston for a term to expire at the annual general meeting in 2013; v. Ann McAfee for a term to expire at the annual general meeting in 2013; vi. Murray Day for a term to expire at the annual general meeting in 2014; and vii. one additional director appointed under section 5.8 for a term to expire at the annual general meeting in 2014. At the conclusion of their term of office, a director appointed under section 5.7 (b) may be appointed by the members for one further three (3) year term to expire at the applicable annual general meeting with the exception of Michael Pierce who may be appointed for two further three (3) year terms to expire at the applicable annual general meeting. 5.9 Directors appointed under section 5.8 shall hold office for a three (3) year term commencing on the date of the applicable annual general meeting and may be appointed by the members for one further three (3) year term, to expire at the applicable annual general meeting. No director appointed under sections 5.7(b), with the exception of Michael Pierce, or 5.8 may hold office for more than two (2) consecutive terms. 6.3 The quorum for a meeting of directors shall be five (5) voting directors. 6.5 Any two directors, including both voting and non-voting directors, may convene a meeting of the directors at any time. 3. That the Corporate Officer be authorized to execute, on behalf of the District, all such resolutions and documents of the Pitt Meadows Airport Society that may be necessary to give effect to the above resolution. DISCUSSION: The recommended changes to the bylaws of the Society achieve the goal of adding the two Mayors to the Board as non-voting members and clarify the term of office of the Directors. The same changes to the bylaws are being considered by the council of the City of Pitt Meadows and must be adopted by both Councils to effect the change. “Original signed by Ceri Marlo” __________ Prepared by: Ceri Marlo Manager of Legislative Services and Emergency Program “Original signed by J.L. (Jim) Rule _______________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer :cm NOTICE OF MOTION Recommendation: That staff be requested to review all available strategies at council’s disposal, or design progressive strategies that would enable the district to encourage timely and appropriate development within the Town Centre Plan and significant area plans, such as Albion Flats. Rationale: The district has seen positive outcomes from the Town Centre Incentive Plan and this system of rewarding development activity has been noted as very progressive. However, with the district gaining recognition for its investment potential, we stand a strong chance of being a target for investment that is used solely to broaden an investment portfolio through real estate holdings, which could potentially continue to tie up key real estate locations. Council has already recognized this potential with the 3 acres that we purchased in the Town Centre, and have initiated work to derive an outcome that guarantees timely development activity that will enhance the Town Centre Plan. The Core, with its small geographic make-up, stands to be significantly impacted for years to come, if the proper development/re-development does not take place accordingly throughout. Council’s consideration of strategies to dissuade inactivity on sites, or misplaced development activities may assist us ensuring the most beneficial usage of available lands is met. 1701