City of Kimberley Council are considering a new Development Application Procedures and Fees Bylaw.

This webpage will serve as the primary means for Kimberley residents and stakeholders to provide feedback on the proposed bylaw. If you would like to comment on the bylaw, please use the space provided below to submit any feedback you may have.

The proposed new development procedures bylaw are focused on modernizing the bylaw’s language and format, expediting review and processing times of applications, and clarifying processes and requirements for both applicants and staff. The scope of policies in the draft bylaw are intended to:

  • clarify development application processing procedures;
  • specify development application information requirements;
  • delegate decision authority on certain application types to staff;
  • clarify security requirements; and
  • adjust development application fees.

A more detailed overview of the proposed bylaw is available in the Council report, alongside the full text of the draft bylaw in the Document Library section of this webpage. Please expand the sections below for a brief overview of the major changes being proposed in the draft bylaw.

The type and scope of information reports that may be required are clarified in the bylaw. A more formal pre-application meeting process is proposed as the primary mechanism for determining what information will be required for an application.

The proposed bylaw clarifies the process and timing for referrals to external stakeholders. Agencies are provided a minimum of three weeks (21 calendar days) to provide feedback, with no maximum time set to allow external agencies added time for response when needed.

New methods for posting public notice of development applications are proposed to streamline and simplify where and how public notices are posted. The City will continue to undertake more extensive public engagement processes for any application that is determined to be more complex and/or contentious.

The new methods include:

  • Published in a local newspaper for at least one week, within 3 to 10 days of when the application will be considered;
  • Electronically by posting on the City's website; or
  • Posted on the Public Notice Posting Place.

Notices will still be mailed to neighboring properties and posted according to legislation, where otherwise required.

Clarification regarding when and how an application may be considered as an early application are proposed. When an application is brought forward for early application consideration, it offers the applicant an opportunity for Council to consider an application prior to the full scope of supporting report development. Early application approval only allows applications to move forward towards full application submission and will require approval by Council following the submission of all required development approval information. Early consideration applications may be brought forward for applications that are contentious in nature, or where clear policy may not exist. They types of applications that may be brought forward for early consideration will typically be zoning amendment, Official Community Plan amendment, or development permit applications.

Where a security of works is required as part of a development application/approval, policies are proposed to clarify what may require a security and how securities are to be refunded/used.

In an effort to minimize development timelines, the authority to approve development permits and minor development variance permits is proposed to be delegated to staff. Both of these application types are technical in nature, with the requirements for development permits set out within the Official Community Plan and the scope of minor development variance permits set out within the proposed Development Application Procedures and Fees Bylaw. Applicants will have the opportunity to have Council reconsider any permit refused by staff.

Development permits for neighbourhood plans are proposed to remain under Council approval authority.

A new fee schedule is proposed as a schedule to the bylaw. Fee rate adjustments are proposed to better reflect cost recovery for development applications and alignment of fees with similarly-sized BC communities.

Details of the steps undertaken during the review process of each development application type are provided as scheduled to provide additional clarity to applicants of what to expect during application review processes.