Bylaw test

Conditions on Discretionary Use Development Permits

38 1 The Development Authority may, as a condition of issuing a development permit for a discretionary use, impose conditions in respect of the following matters:

a actions to be performed or carried out prior to the release of the development permit;

a.1 climate mitigation and climate adaptation;

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b the construction or maintenance of the proposed development in accordance with the approved plans;

c the appropriate performance of a use;

d an environmental site assessment;

e the time or times a use may be carried out;

f phasing of the development;

g limits imposed on the development;

g.1 The number of motor vehicle parking stalls provided for a development, regardless of whether the use or District identifies a minimum number of required motor vehicle parking stalls.

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h bonusing requirements;

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i the construction of or payment for public utilities, other than telecommunications systems or works, and vehicular and pedestrian access that are necessary to serve the development; and

j the furtherance of sound planning principles.

2 The Development Authority may, as a condition of issuing a development permit for a discretionary use, require the applicant to enter into an agreement with the City to do any or all of the following:

a to construct or pay for the construction of a public thoroughfare required to give access to the development;

b to construct or pay for the construction of:

i a pedestrian walkway system to serve the development; or

ii pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development; or

iii both (i) and (ii).

c to install or pay for installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development;

d to construct or pay for the construction of:

i off-street or other parking facilities; and

ii loading and unloading facilities.

e to pay an off-site levy or redevelopment levy; and

f to give security to ensure that the terms of the agreement under this section are carried out.

3 The Development Authority may, as a condition of issuing of a development permit for a discretionary use on a parcel adjacent to a freight rail corridor.

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a require additional information as necessary to mitigate the impact of a potential train derailment and noise impact associated with freight rail operations; and

b require the mitigation identified in subsection (a) to be incorporated into the development for the life of the development.