Ballenas-Winchelsea Fees Bylaw No. 35

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Executive Committee Acting as a Local Trust Committee (Ballenas-Winchelsea Islands) Fees Bylaw No. 35

Consolidated for convenience effective April 1, 2026 to include the automatic fee increase pursuant to Section 7.1 of the Executive Committee Acting as a Local Trust Committee (Ballenas-Winchelsea Islands) Fees Bylaw No. 35

This Bylaw is consolidated for convenience only and is not to be construed as a legal document. For reference to the original bylaw and amendments please contact:

Islands Trust – Salt Spring Island Office 4 – 121 McPhillips Ave Salt Spring Island, BC, V8K 2T6 (250) 537-9144

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EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (Ballenas – Winchelsea Islands)

BYLAW NO. 35

A bylaw to prescribe fees for amending bylaws, issuing permits, examining applications for subdivision, and examining other referrals and applications.

WHEREAS Section 462 of the Local Government Act provides that a local government may, by bylaw, impose fees related to applications and inspections; Section 41 of the Liquor Control and Licensing Act and Section 35 of the Cannabis Control and Licensing Act provides that a local government may, by bylaw, impose fees for referral of a license under that Act;

NOW THEREFORE the Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands), being the Local Trust Committee having jurisdiction in respect of the Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands), in the Province of British Columbia pursuant to the Islands Trust Act, enacts as follows:

Citation 1.1 This bylaw may be cited as the "Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) Fees Bylaw, 2021”.

Interpretation 2.1 In this bylaw:

“Applicant” means:

2.1.1 the person authorized under the Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) Development Procedures Bylaw No. 33, 2016 to make an application in respect of a bylaw or permit under the Islands Trust Act or Part 14 or Part 15 of the Local Government Act;

2.1.2 an applicant for a license under the Liquor Control and Licensing Act in respect of which the Local Trust Committee is requested or required to provide comments or recommendations;

2.1.3 an applicant for a license under the Cannabis Control and Licensing Act in respect of which the Local Trust Committee is requested or required to provide comments or recommendations;

2.1.4 an applicant for subdivision review under the Land Title Act or the Strata Property Act;

2.1.5 an applicant for the conversion of a previously occupied building to strata lots under the Strata Property Act;

2.1.6 an applicant for a soil deposit permit or soil removal permit issued pursuant to a bylaw enacted under Part 14 of the Local Government Act; or

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2.1.7 an applicant to a board of variance established under Part 14 of the Local Government Act.

“Application Processing Fee” means the initial amount payable to the Islands Trust in respect of any application under this bylaw.

“Community Benefit” refers to an application that results in provision of an amenity that is of value to the community, and identified in the Official Community Plan as a community amenity

“General Service Cost” includes average hourly cost of each staff position involved in processing the applications multiplied by the average number of hours taken to complete processing of that type of application, and includes administrative overhead costs..

“Estimated Direct Costs” for bylaw amendments listed in Table 1 means the Islands Trust’s estimate of its actual average cost of disbursements associated with the processing of an application, including: 1. newspaper advertising for one community meeting, 2. notifications, postal and delivery costs of statutory notifications for one public hearing, 3. rental of premises for one community meeting meetings and/or one public hearing, 4. contract minute-taker costs recording or preparation of minutes of one community meeting and/or one public hearing and, 5. staff travel expenses for one site visit, one community meeting and one public hearing.

“Estimated Direct Costs” for temporary use permits listed in Table 2 means the Islands Trust’s estimate of its actual average cost of disbursements associated with the processing of an application, including 1. one newspaper advertisement, notifications, postal and delivery costs of statutory notifications for one community meeting, 2. rental of premises for one community meeting, 3. contract minute-taker costs recording or preparation of minutes of one community meeting, and 4. staff travel expenses for one site visit, one community meeting.

“Islands Trust” means the Director of Local Planning Services or their authorized representative.

Application Fees 3.1 Prior to the processing of an application listed in Column 1 of Table 1, Table 2, Table 3 or Table 4, the applicant must deliver to Islands Trust the corresponding application processing fee in the amount shown in Column 2 subject to section 4. The application fee includes general service costs and estimated direct costs.

TABLE 1 – Bylaw Amendments (OCP and Zoning Bylaw Column 1: Type of Application Column 2: Fee 1. Major (e.g. change to density or OCP) $8,612

2. Minor (e.g. regulation change without changing density or OCP $5,079 amendment)

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TABLE 2 – Permits Column 1: Development Permit in Respect of: Column 2: Fee 1. Protection of Natural Environment, Ecosystems and Biological $1,104 Diversity 2. Protection of Development from Hazardous Conditions $1,104

(Development Area DP6) 3. Protection of Farming $1,104

4. Objectives for Form and Character $1,877

5. Objectives to Promote Energy Conservation $1,104

6. Objectives to Promote Water Conservation $1,104

7. Objectives to Promote the Reduction of Greenhouse Gas $1,104 Emissions 8. Development Permit Amendment $1,104

Type of Development Variance Permit 9. Development variance permit (commercial, industrial or $2,098 institutional development) 10. Development variance permit (residential development) $2,098

Type of Temporary Use Permit 11. Temporary Use Permit (residential/commercial/industrial) $2,374

12. Temporary Use Permit for residential uses or commercial uses $1,104 under 95 square metres that provide community benefit. 13. Temporary Use Permit Renewal $773

14. Temporary Use Permit Renewal (Community Benefit) $386

Other Permits 15. Heritage Alteration Permit $1,877

Combination Applications 16. Development Permit in respect of a protection area or water and $2,760 energy conservation in combination with a companion application for a Development Variance Permit 17. Development Permit in respect of form and character in $3,312 combination with a companion application for a Development Variance Permit

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TABLE 3 – Subdivision Referrals Column 1 Column 2: Fee 1. Application for Subdivision Review – base fee $1,214

2. Application for Subdivision Review – per additional lot created $121

3. Application for Subdivision Review – parcel line adjustments $552 only, creating no additional parcels

TABLE 4 – Other Applications Column 1: Type of Application Column 2: Fee 1. Board of Variance $2,429

2. Land Use Contract amendment $2,208

3. Liquor & Cannabis Regulation Branch – Retail License $1,656 Application and Process and referrals requiring local government consultation 4. Liquor & Cannabis Regulation Branch – Temporary License $552 Change 5. Strata Conversions $1,656

4. Fee for After-the-Fact Application 4.1 An application for a permit or bylaw amendment to authorize work or an activity already undertaken, or in operation as of the date the application is made, the rate in 3.1 will be subject to a 20% surcharge.

5. Collection and Refund of Application Processing Fee Amounts 5.1 The total application processing fee must be received before the processing of the application can begin.

5.2 An applicant may withdraw their application at any time through written notice to the Planning Assistant and/or the Planner responsible for processing the application.

5.3 If an applicant withdraws an application before staff undertakes any planning work on the application, the Islands Trust must refund to the applicant the Application Fee, less $100.

5.4 For an application in Table 1, or a Temporary Use Permit in Table 2, the applicant will be eligible for: 75% refund if the application is withdrawn once the file has been assigned by the regional planning manager to the planner; 50% refund if the first staff report has been submitted to the LTC; 25% refund once public notice of a public hearing or permit has been sent out, no refund will be provided after a Public Hearing or after consideration of the Permit by the local trust committee.

5.5 For applications in Table 2 (except for Temporary use Permit applications), Table 3 and Table 4, the applicant will be eligible for: 75% refund if the application is withdrawn once

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the file has been assigned to the planner; no refund will be provided if the first staff report has been submitted to the LTC, Board of Variance, or formal referral response submitted to the relevant agency.

6. Extraordinary Service Costs (ESC) 6.1 Extraordinary Services Costs will be paid by the Applicant through a cost recovery agreement, entered into with Islands Trust, in addition to the application processing fee.

6.2 Where legal work is required for the preparation of covenants, registration of covenant at Land Title Offices, registration of notice of a permit or housing agreement at the Land Title Office or for other purposes related to the application, staff will provide the Applicant with an estimate of the costs. The Applicant will pay a deposit of 150% of this estimate.

6.3 Where site visits involving First Nations are required for the processing of an application, staff will provide the Applicant with an estimate of the costs. The Applicant will pay a deposit of 150% of this estimate.

6.4 Where there may be need for additional community information meeting or public hearing not covered by the application processing fee, staff will provide the Applicant with an estimate of costs. The Applicant will pay a deposit of 150% of this estimate.

6.5 Where other additional costs beyond the general service costs and estimated direct costs not specified above are required for processing of an application, staff will provide the Applicant with an estimate of the costs. The Applicant will pay a deposit of 150% of this estimate.

6.6 If the amount paid by Islands Trust in respect of Extraordinary Service Costs is less than the deposit provided to the Islands Trust, the Islands Trust shall provide the Applicant with the amount and the applicant shall pay the amount upon receipt. The local trust committee may withhold the consideration of issuance of any permit or hold the consideration of adoption of any bylaw in abeyance until the amount has been paid.

6.7 Islands Trust must refund the unused portion of any Extraordinary Service Costs deposit to the applicant if it is unused for any reason.

7. Annual Fee Increases 7.1 Fees in section 3.1 increase by 2% on April 1st of each year following the date of adoption of the bylaw.

7.2 The Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) will maintain a record of annual 2% increases and make that record available for public inspection.

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8. Application Fee Sponsorship 8.1 Pursuant to Islands Trust Policy 4.1.13, Guidelines for Executive Committee Sponsored or Local Trust Committee Initiated Development Applications, an applicant may apply to the Executive Committee of Islands Trust for development application fee sponsorship.

9. Severability 9.1 In the event a portion of this bylaw is set aside by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the bylaw remains in force and in effect.

10. Repeal 10.1 “Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) Fees Bylaw No. 33, 2016” is repealed upon adoption of this bylaw.

10.2 Any application for which a fee has been fully paid at the time this bylaw comes into force shall be processed to completion in accordance with the fee provisions of the repealed bylaw.

READ A FIRST TIME THIS 30TH DAY OF NOVEMBER , 2021 READ A SECOND TIME THIS 30TH DAY OF NOVEMBER , 2021 READ A THIRD TIME THIS 30TH DAY OF NOVEMBER , 2021

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 15TH DAY OF DECEMBER , 2021

ADOPTED THIS 15TH DAY OF DECEMBER , 2021

CHAIR SECRETARY