The Community of Miltonvale Park, Prince Edward Island, Canada
Bylaws of Miltonvalepark: Page 19 of 21
SECTION #18– AMENDMENTS
18.1 APPLICATION FOR AMENDMENT
Any person desiring an amendment (s) to the provisions of these Bylaws shall apply to Council, in writing, describing, in detail, the reasons for the desired amendment(s) and requesting Council to consider the proposed amendment(s).
18.2 APPLICATION FOR RE-ZONING
(a) Any application for re-zoning shall be deemed to be an application to amend these Bylaws.
(b) Any application to re-zone shall include a legal description of and the location of the property(ies) to be re-zoned, the name and address of the owners of the property(ies) and, if the applicant is not the owner, a statement as to the applicant’s interest in the property.
18.3 AMENDMENT FEE
(a) Any application for an amendment shall be made, in writing, along with a non-refundable application fee of three hundred dollars ($300), to the Development Officer.
(b) If the amount paid by the applicant as set out in Subsection 18.3 (a) above is not sufficient to cover the costs of notifying affected property owners and other expenses related to the cost of the amendment, the applicant shall pay to the Development Officer the additional amount required, before Council gives final approval to the amendment; or if the amount paid is more than sufficient, the Development Officer shall refund the excess amount.
18.4 NOTICE TO PROPERTY OWNERS
(a) Subject to Section 18.5 when an application for a re-zoning is being considered by Council, all affected property owners within a five hundred foot (500’) (15.2 m) radius of the subject property shall be notified of the application by the administrator.
(b) This notification of affected property owners set out in clause (a) shall be in addition to the advertisements for the public hearing, and shall be delivered to all affected property owners by mail at least seven (7) clear days prior to the date fixed for the public meeting.
18.5 COUNCIL’S REVIEW
(a) Council shall determine whether or not to pursue such an amendment, and before making any decision shall examine the Official Plan to ensure that the proposed amendment will not be contrary to any policy within the Official Plan.
(b) No amendment shall be made in these Bylaws which would be contrary to any policy of the Official Plan without a review and amendment of the Official Plan in accordance with the requirements of Section 18 (2) of the Planning Act (1988).
18.6 PUBLIC MEETING
(a) No amendment shall be made to the provisions of these Bylaws unless Council provides for adequate public notice and a public meeting pursuant to the provisions of the Planning Act.
(b) At any public meeting called in respect of a proposed amendment(s) to these Bylaws, Council shall preside, the person proposing the amendment or their designate shall describe and defend the proposed amendment, and the opinions of any person shall be heard for consideration by Council.
(c) Council shall instruct the Development Officer to notify the applicant that the proposed amendment to these Bylaws has been approved or denied. Where a proposed amendment to these Bylaws has been denied by Council, the reasons for the denial shall be stated, in writing to the applicant.
(d) Council shall not entertain any new application for the same proposed amendment(s) to these Bylaws for a period of one (1) year from the date of previous application of proposed amendment to these Bylaws.