WESTBANK FIRST NATI0N. Land Development Procedures on Westbank Lands

Transcription

1 WESTBANK FIRST NATI0N Land Development Procedures on Westbank Lands February 2009

2 Land Development Procedures on Westbank Lands Table of Contents 1. Introduction Legal Framework Land Development Process 4 4. Land Development Process Flow Chart Attachment A Regional Location Map Attachment B Zoning Map - Tsinstikeptum I.R. No Attachment C Zoning Map - Tsinstikeptum I.R. No Attachment D Zoning Amendment & Development Permit Application Form Attachment E Requirements for Conceptual Development Plans Attachment F Schedule of Development Cost Charges & Fees...17 Page 2

3 Introduction Westbank First Nation ( WFN ) is located in south central British Columbia in the heart of the Okanagan Valley. WFN has five reserves totaling approximately 6,000 acres (Westbank Lands see Attachment A, Page 10) with many opportunities for economic development. There are presently 650 Members of the WFN and approximately 8,600 non-members living on Westbank Lands. WFN is a vibrant and growing community and is a leader across Canada. The purpose of this booklet is to set out the Land Development Procedures on Westbank Land for the benefit of developers, land owners and other persons with interests in Westbank Lands. Legal Framework WFN is governed under the Westbank First Nation Self Government Act, the WFN Self Government Agreement between WFN and the Government of Canada dated October 3 rd 2003, and the WFN Constitution, ratified on April 1, The use and development of Westbank Lands is subject to Part XI of the WFN Constitution (the Land Rules ) which was amended by referendum on July 19, Unlike most First Nations in Canada, Westbank has full jurisdictional control over their own lands and resources. Existing and anticipated development on Westbank Lands require planning, coordination and regulation. In addition to the Land Rules, development on Westbank Lands is regulated in accordance with WFN Laws, standards, policies and procedures, Health Canada regulations, Environment Canada regulations, and any applicable Provincial and/or Federal Legislation. On July 26, 2007 a Land Use Law was enacted by a vote of Electors at a Special Membership Meeting. This law includes variance and amendment procedures, a Land Use Plan, a Zoning Regulation and Servicing Maps. Page 3

4 WFN Laws / Regulations Reference WFN Land Use Law No WFN Building Law No WFN Subdivision, Development & Servicing Law No WFN Design Criteria and Construction Standards and Specification for Development WFN Waterworks Law No WFN Sanitary Sewer Systems Law No WFN Land Rules (Part XI of the WFN Constitution) WFN Heritage Resource Policy Health Canada Regulations Environment Canada Regulations Applicable Provincial / Federal Regulations Land Development Process Please refer to the Land Development Flowchart, page 8, for an illustration of the Process. STAGE 1: APPLICATION FOR DEVELOPMENT APPROVAL 1. The developer submits a Zoning Amendment & Development Permit Application Form (Attachment D ). The developer must provide the information as listed in Section 4.3 (d) of the Westbank First Nation Subdivision Development and Servicing Law No with their application, which includes: a) Developer s name, address, telephone number b) Name of Certificate of Possession Holder c) Legal Description d) Development Proposal e) Environmental Assessment Report f) Archaeological Overview Assessment g) Traffic Impact Study (if development generates > 100 pm peak trips per day) h) A conceptual development plan, which includes a site plan and a preliminary design report outlining on site and off site infrastructure, is required for development (see requirements for Conceptual Development Plans Attachment E) Page 4

5 2. The Planning Department reviews the application, to determine if the proposed Land Use(s) conform to the zoning regulation. If not, an application to amend the Zoning and/or Land Use is required. See section 8 and/or 6 of the WFN Land Use Law No Planning Department forwards the Environmental Assessment report, Archaeological Overview Assessment, development proposal, conceptual development plan and site plan, etc., to the appropriate reviewing agencies, which may include: WFN Water Utility WFN Engineering/Planning Consultant WFN Environmental Consultant WFN Archeological Consultant Ministry of Transportation (if under MOT roads jurisdiction) Department of Fisheries and Oceans Health Canada Regional District of the Central Okanagan 4. Providing that all requirements, regulations and Laws, have been satisfied, the Planning Department will give notification to the developer that his/her application is ready to be considered by WFN Council. 5. Developer pays Stage 1 fees and charges in accordance with the Schedule of Development Cost Charges and Fees (Attachment F ). The developer is provided with a copy and a receipt for the amount received. 6. Planning Department prepares and presents a Band Council Resolution approving the Development for Stage 1. This approval does not constitute approval of the Development Plan. STAGE II: DEVELOPMENT PERMIT APPROVAL PROCESS 1. Developer prepares and submits detailed design drawings and proposed servicing flow calculations. 2. Planning Department forwards detailed design drawings and proposed servicing flow calculations to the appropriate reviewing agencies which may include: Ministry of Transportation (if under MOT roads jurisdiction) Regional District of Central Okanagan (for sanitary sewer) Fire Department Page 5

6 Health Canada (for development serviced by septic field) Department of Fisheries and Oceans (for development within 30 meters of fish habitat) BC Hydro Environment Canada WFN Water Utility WFN Engineering/Planning Consultant School District Utility Companies 3. The Planning Department reviews the comments from the reviewing agencies and advises the applicant of any additional requirements or deficiencies. If all deficiencies, if any, have been satisfied, a Development Permit and Servicing Agreement will be prepared for approval. The Planning Department sends a letter to the developer including a Schedule of Stage II Development Cost Charges and Fees (See Attachment F - Schedule of Development Cost Charges and Fees). The Planning Department prepares and presents a Band Council Resolution to WFN Council for approval. If WFN Council approves the Development Plan, this will authorize execution of the Development Permit and Servicing Agreement. 4. A copy of the approved Development Permit and Servicing Agreement (DPSA) is forwarded to the developer for signature. Once three copies of the DPSA are signed by the developer and all charges and fees have been paid, the Manager of Engineering, Planning and Public Works or her/his designate will execute the Development Permit and Servicing Agreement (DPSA) on behalf of WFN Council. Page 6

7 STAGE III: CONSTRUCTION PROCESS 1. Developer applies and pays for access / construction / connection permits as applicable, including: WFN Water Utility (apply to WFN); Regional District sanitary sewer (apply to WFN); Ministry of Transportation highway access/construction within highways ROW (apply directly to MOT); and, shallow utilities such as hydro, gas, telephone, cable (apply directly to utility companies). 2. Developer posts any required securities or bonding for onsite and/or offsite works. 3. WFN and other authorizing agencies provide Certificate to Commence Construction (note: no work within existing ROW s or easements or connections to any existing utilities will be permitted until a Certificate to Commence Construction has been issued). 4. Developer s engineer and WFN inspectors monitor construction. Developer s engineer provides inspection reports for review by WFN / RDCO / MOT. 5. WFN and RDCO confirm project has Substantial Completion and release bonding, partial or full (note: a 10% maintenance bond will be retained for a period of one year to correct any deficiencies discovered during the maintenance period). 6. Upon completion of the project, the developer s engineers provide a Certificate of Completion and as built plans (both digital and hard copy) to the Planning Department. 7. WFN Engineering Consultant and the Regional District of the Central Okanagan confirm completion of the project in accordance with the as built plans and provide a Substantial Completion and Construction Completion Certificate. 8. Planning Department provides notification of project completion to Chief and Council and WFN Surveyor of Taxes. Page 7

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10 Attachment A Page 10

11 Attachment B Page 11

12 Attachment C Page 12

13 Attachment D WESTBANK FIRST NATION Zoning Amendment & Development Permit Application Form APPLICATION FOR: OFFICE USE ONLY ZONING AMENDMENT DEVELOPMENT PERMIT LAND USE AMENDMENT NEIGHBOURHOOD PLAN FILE# FEES $ DATE RECEIVED RECEIPT # Contact Information DEVELOPER (AGENT): OWNER (CP HOLDER): MAILING ADDRESS: MAILING ADDRESS: PHONE (HOME): PHONE (HOME): PHONE (OTHER): PHONE (OTHER): FAX: FAX: Legal Description of the Property LOT PLAN TSINSTIKEPTUM I.R. NO. 9 NO. 10 STREET ADDRESS: EXISTING LAND USE UNDER THE WFN LAND USE LAW ZONING REGULATION PROPOSED LAND USE (IF DIFFERENT): LEASE REGISTRATION # SUBLEASE REGISTRATION # *AS CONTAINED IN WESTBANK LANDS REGISTRY Complete for Zoning Amendment REASON FOR AMENDMENT AND PROPOSED LAND USE (attach additional pages if necessary) Page 13

14 Complete for Application for Development TYPE NUMBER OF UNITS BUILDING AREA (SQ.FT) HEIGHT NUMBER OF STOREYS PARCEL(S) SIZE GENERAL NATURE OF DEVELOPMENT (attach additional pages if necessary) NOTE: If the applicant is not the registered owner of the property concerned, then the land owner/interest holder s signature is required on this application I accept responsibility for delays in processing caused by incorrect or insufficient submissions. Contact the WFN Planning Department, if you have any further questions. Signature of Applicant / Agent Signature of Land Owner / Interest Holder Date Date OFFICE USE ONLY: Initial Consideration. (1 to 2 weeks) Staff will present the Concept Plan along with initial comments to Council for review and Initial Consideration, where they may: 1) Deny the application; 2) Hold the application pending submission of additional information; or 3) Give Initial Consideration and authorize proceeding to the next steps. APPLICATION IS: COMPLETE INCOMPLETE (PROVIDE COMMENTS BELOW) CHECKED FOR COMPLETION BY: WFN Approving Authority Date Page 14

15 Attachment E CONCEPTUAL DEVELOPMENT PLANS (Requirements from WFN Development Servicing Standards) 1.0 GENERAL REQUIREMENTS Prior to the preparation of detailed designs for proposed subdivisions and developments, the Developer should first obtain Preliminary (e.g. Stage 1) approval from WFN. This will require the submission of a Conceptual Development Plan for review and approval by the WFN Approving Authority. The Conceptual Development Plan shall be prepared in a manner consistent with the requirements of this section. 1.1 Objective The objective of the Conceptual Development Plan is to show the characteristics of the proposed subdivision or development by designating land use, transportation network, community facilities, municipal services and other issues specific to the development area. 1.2 Legal Information to be Provided The Conceptual Development Plan shall include the following legal information: 1. The legal description and civic address of the parcel(s) on which the development is proposed. 2. A description of the developer s lawful interest in the parcel(s). 3. A plan showing the location of the parcel(s) within the Westbank Lands. 4. The developer s name, address, telephone number, facsimile number and address. If the developer is a corporation, the names of the shareholders (unless it is a corporation whose shares are traded publicly) and any parent corporations. 5. The name, address, telephone number, facsimile number and address of the architectural or engineering consultant who prepared the Conceptual Development Plan. 6. A description of all existing legal interests or encumbrances in the parcel(s) including a statement whether all or any interests or encumbrances will be extinguished. Where the proposed development will require the extinguishment of existing easements, rights-of-way or encumbrances, copies of agreements with holders of those rights that will be extinguished, or a statement regarding the status of such negotiations. 7. If the Conceptual Development Plan is being submitted by an agent on behalf of the land owner or interest holder, a written statement of authorization from the land owner or interest holder is required. Page 15

16 1.3 Technical Information to be Provided 1. A map showing the existing and proposed land uses. 2. A map showing existing and proposed topography and natural features such as water courses, water bodies and treed areas. 3. A map showing existing property lines, easements, rights-of-way, services (including water, sanitary sewer, drainage, electrical, telephone and gas) and roads, including a statement whether any will be removed as a result of the development. 4. A map showing the approximate location, dimensions and area of all existing buildings and structures within the proposed development area, including a statement whether any will be removed, altered or added to. If a building will be altered or added to, a description of the proposed alteration or addition is required. 5. A map showing the approximate location configurations and dimensions of all proposed parcels within the development. Each proposed parcel shall be identified with a parcel number. 6. A map showing the approximate location, maximum dimensions and maximum area of all proposed residential buildings and non-residential buildings with an above grade floor area of less than 280m². Conceptual plans shall be provided for non-residential buildings with an above grade floor area equal to or greater than 280m². 7. If the development is to be constructed in phases, a map identifying the phases. 8. All maps shall be in metric and include the scale and an arrow showing the north direction. 9. Where applicable, copies of reports related to soil inspection, percolation tests and any other background studies. 10. A preliminary design report ( design brief ) for the proposed municipal services which outlines the rationale, design criteria and calculations related to the design of the services. The preliminary design report should describe infrastructure requirements including, but not limited to; water pressure / flow requirements; sanitary sewer flows; drainage impacts; and transportation impacts (level of detail dependent on location and size of development.) Base engineering information, including water and sewer modeling, may be available from Westbank First Nation. 11. A description of the building scheme which will apply to the proposed development and buildings. 12. An Environmental Assessment and an Archaeological Overview Assessment including consideration of physical, social or economic impacts of the development and a statement of mitigating measures. 13. A traffic impact study for a proposed development generating more than 100 trips per day. Page 16

17 Stage 1 Fees and Charges: Attachment F Schedule of Development Cost Charges and Fees Fee Cost Zoning Amendment One or two adjacent parcels $ Three or more adjacent parcels $ Zoning amendment for secondary suite $ Planned Unit Development $ Land Use Amendment $ Development Permit Development Permit for Primary Residence $ Temporary Commercial and Industrial Use Permits $ Development Permit for Other $ Neighbourhood Plan $4, Variance Application $ Deposit for Engineering, Administration, and Construction $5, Compliance Fee Stage 2 Fees and Charges: Developments on Tsinstikeptum I.R. #9 and I.R. #10 Fee for Residential Developments Cost Development Cost Charges Latecomer s Charges Engineering, Administration, and Construction Compliance Fee Processing Fee Bonding Fees for Commercial Developments Development Cost Charges Latecomer s Charges Engineering, Administration, and Construction Compliance Fee Processing Fees Commercial Processing Fees Agricultural, Industrial, Other Bonding See following pages Variable 3% of Estimated Construction Cost $ 50.00/unit 120% of Estimated Construction Cost Cost See following pages Variable 3% of Estimated Construction Cost $ 40.00/1,000 sq.m. of site $ 20.00/1,000 sq.m. of site 120% of Estimated Construction Cost Page 17

18 Utility Connection Fees, Building Permit Fees and Other Charges: Fee Water Service Connection Fee Sewer Service Connection Fee Cost $ /unit for residential Varies for commercial & other $ /unit for residential Varies for commercial & other Permit Fee - $ % of Construction Value exceeding $1,000 e.g. Project Cost - $120,000 Basic Fee = $ Building Permit Fee Balance of Project - $119, x.012 = $1, $ (Permit Fee) = $1, Total Cost $ 400 per modular unit Varies for other inspections Other fees as applicable (i.e. MOT, shallow utilities, etc.) $ 10.00/plumbing fixture Varies Page 18

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20 Enquiries regarding the policies & procedures for development can be made to the following: Westbank First Nation Planning and Development Telephone: (250) Toll Free: Maps and Application Forms can also be obtained at Westbank s Website Tsinstikeptum Indian Reserve No. 10 Page 20

21 NOTES Updated February 2009 WFN PLANNING DEPARTMENT Suite Hwy 97 South, Kelowna, B.C. V1Z 3J2 Ph: (250) Fax: (250) Page 21