Land Use Procedures and Fees Bylaw Amendment

On January 10, 2023 Council adopted the “Land Use Procedures and Fees Amendment Bylaw (Development Application Fees) No. 2377, 2022”

The bylaw updates the fees for development applications and related services provided by the Planning Department of the Resort Municipality of Whistler (RMOW), In addition, the bylaw:

updates the Definitions section of the current bylaw to account for the recent changes to the RMOW division structure and to reinstate the definition of “Complex site rezoning”;
includes “a licence or other form of permission to use or occupy municipal land, or land over which the Resort Municipality holds a statutory right of way” as an additional application type to which the bylaw applies;
updates the requirements for development application notification signs to include the addition of a site map and, for certain application types an image of the development proposal; and
enables designated staff to make a wider range of approval decisions related to section 219 covenants, licences or other forms of permission authorizing the use or occupancy of municipal land or land over which the municipality holds a statutory right of way, as well as comprehensive sign plans.

The new fees are applicable to development applications and related services provided by the Planning Department of the RMOW. The new fees are contained in the table below. The new fees do not affect application fees for liquor licenses, sign permits or the Board of Variance as the fees for these applications are administered by separate bylaws.

Application Type	Application Fee
Amendments to the Zoning Bylaw, Amendment to a Land Use Contract by bylaw and Amendments to the Official Community Plan
Amendment to the Zoning Bylaw, Amendment to a Land Use Contract by bylaw – change in permitted uses and/or change in density up to 465 square metres	$15,000.00
Amendment to the Zoning Bylaw, Amendment to a Land Use Contract by bylaw – change in permitted uses and/or change in density greater than 465 square metres	$30,000.00
Amendment to a Zoning Bylaw, Amendment to a Land Use Contract by bylaw – for a Complex Site Rezoning	A minimum fee of $150,000 for the first 10,000 m2 of site area plus $350 per additional 100 m2 of site area or portion thereof, to a maximum fee of $750,000`
Requiring an amendment to the Official Community Plan – Additional Fee	$2,200.00
Requiring Public Hearing – Additional Fee	$3,500.00
Requiring Advisory Design Panel Review – Additional Fee	$1,500.00
Legal Services	At cost
Development Applications
Development Permit, Approval of Development Plan or Development Approval under the Blackcomb Land Use Contract, Development Permit under Land Use Contract – delegated	$3,000.00
Development Permit, Approval of Development Plan or Development Approval under the Blackcomb Land Use Contract, Development Permit under Land Use Contract – requiring Council consideration of issuance	$10,000.00
Development Permit, Approval of Development Plan or Development Approval under the Blackcomb Land Use Contract, Development Permit under Land Use Contract – requiring Council consideration of issuance and involving multiple buildings	$15,000.00
Legal Services	At cost
Development Variance Permits
Development Variance Permit – delegated (except for Variances to Sign Bylaw No. 558, 1987)	$3,500.00
Development Variance Permit – delegated (variance to Sign Bylaw No. 558, 1987)	$2,000.00
Development Variance Permit – requiring Council consideration of issuance	$5,300.00
Temporary Use Permits
Temporary Use Permit – delegated	$3,000.00
Temporary Use Permit – requiring Council consideration of issuance	$4,700.00
Temporary Use Permit – amendments or renewals	75% of Original Fee
Other Application Services
Exemption from a Bylaw Establishing a Flood Construction Level or Floodplain Setback	$4,100.00
Covenant Modification – delegated	$4,300.00
Covenant Modification – requiring Council Consideration	$5,500.00
Antenna System Letter of Concurrence or Non-Concurrence – no consultation required	$4,200.00
Antenna System Letter of Concurrence or Non-Concurrence – consultation required	$18,000.00
Licence to use or occupy municipal land	$1,200.00
Permission to use or occupy land over which the Resort Municipality holds a statutory right of way	$600.00
Other Services By Request
Land Title Searches by Request	$35.00
Site inspection for security drawdown	$375.00 per inspection
Property Zoning Inquiry	$250.00 per property request

The new fees have been developed to:

adequately recover costs incurred by the RMOW for processing development applications consistent with legislated requirements;
provide transparent and equitable fees that provide greater certainty to applicants upfront regarding application costs; and
streamline the processing and administration of development related services and applications.

Application fees represent the estimated average costs of processing, inspection, advertising and administration that are related to the type of application or other matter to which the fee relates, consistent with the requirements of the provincial Local Government Act and Community Charter.

Specifically, the proposed fees takes an upfront, all-inclusive approach to the calculation of application fees wherein the total fees are certain from the initial point of application for the majority of application types. Additional variable fees are minimized, providing a much higher degree of certainty for the applicant.

The new fees came into effect on January 11, 2023, the day after “Land Use Procedures and Fees Amendment Bylaw (Development Application Fees) No. 2377, 2022” was adopted by Council.

In-stream applications will continue to follow the existing fee schedule. The new fees will only apply to new applications received after the date of adoption of “Land Use Procedures and Fees Amendment Bylaw (Development Application Fees) No. 2377, 2022”.

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Land Use Procedures and Fees Bylaw

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Planning Department
604-935-8170
planning@whistler.ca

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