Development Authority

This part introduces readers to the Land Use Bylaw, the local Development Authority, the process for amending this Bylaw, and the consequences for contravening it.

1.12 Development Authority

1. The office of the Development Authority is established in accordance with Part 17, Division 3 of the MGA to exercise development powers and perform duties on behalf of the City.
2. The CAO shall appoint the Director of Planning and Development, the Manager of the Development Branch, and one or more Development Officers.
3. The powers and duties of the Development Authority for the City may be carried out by:
   1. The Director of Planning and Development;
   2. The Manager of the Development Branch; or
   3. Any of the Development Officers appointed by the CAO pursuant to this Bylaw.

1.13 Powers and Duties of the Development Authority

1. The Development Authority has those powers and duties as set out in the MGA, any regulations made thereunder and this Bylaw.
2. The powers and duties of a Development Officer may be exercised by any one of the individuals referred to in section 1.12(3).
3. The Development Authority shall:
   1. Receive and determine whether an application is complete in accordance with the timelines prescribed within the MGA;
   2. Subject to budget and resource constraints, process and render decisions on Development Permit applications in accordance with the timelines prescribed within the MGA;
   3. Keep and maintain for inspection during regular municipal office hours, a copy of this Bylaw as amended, ensure that an online version is available on the City's website, and have hard copies available for a fee; and
   4. Keep a register, in electronic format, of all Development Permit applications, and the decisions rendered on them, for a minimum of seven years.
4. The Development Authority may:
   1. Refer a Development Permit application, in whole or in part, to any internal department, outside agency, or local authority they deem necessary or advisable to consult;
   2. Provide a written time extension agreement;
   3. Approve a variance that complies with this Bylaw;
   4. Refuse a Development Permit application and provide the Applicant with written notice stating the decision of refusal and the reasons for refusal;
   5. Enforce any requirement or prohibition imposed on any person by this Bylaw;
   6. Issue a letter certifying whether the current or proposed use of a lot or building complies with this Bylaw;
   7. Impose, as conditions of a Development Permit, additional requirements, in order to ensure that the development is compatible with, and complementary to, surrounding land uses, consider other relevant planning documents, or ensure compliance; and
   8. Review applications for the siting of a telecommunication tower Telecommunication Tower means any tower used to provide communication services through the transmitting, receiving, or relaying of voice and data signals, including radio, cellular, broadcast, Personal Communication Services (PCS), or wireless data, such as cell phone towers and wireless internet towers. For the purposes of this Bylaw, this excludes radio antennas and satellite dishes., in accordance with section 3.38 ‘Telecommunication Towers,’ and has the authority to issue a letter of support or non-support to the federal regulatory authority in accordance with any applicable Council policy.
   9. The Development Authority may not alter the site density bonus beyond the limit set out in sections 5.6(8)(a) - MDR, 5.7(7)(a) - HDR, 5.15(8)(a) - MU1, and 5.18(7)(a) - DTN.
   10. The Development Authority and the Subdivision Authority reserve the right to refuse issuance of a Development Permit or a subdivision approval when municipal or third-party infrastructure that is necessary to serve the related development or subdivision is unavailable or inadequate to support the proposed development or subdivision at the time necessary to construct or occupy the development or subdivision.