7.150 Conditions Attached to Development Permits

 

1. The Development Planner may only impose conditions on the approval of a Permitted Development if the ability to do so is specified in this Bylaw. Nothing in this Section prevents a Development Planner from identifying on the Development Permit the Sections of this Bylaw with which the development must comply. 
2. If an applicant applies for a Development Permit for a structure or a Use that is identified in this Bylaw as, or intended to be, temporary, the Development Planner may impose conditions limiting the duration of the validity of the Development Permit. The Development Planner may exercise this ability to add conditions to Permitted Uses and Discretionary Uses.
3. The Development Planner may, with respect to a Discretionary Development, or a development in a Direct Control Zone, impose such conditions as they consider appropriate, having regard for the Municipal Development Plan, applicable Statutory Plans, and the regulations of this Bylaw.
4. The Development Planner may, as a condition of issuing a Development Permit, require the applicant to make satisfactory arrangements for the supply of water, electric power, sewer service, vehicle and pedestrian access, or any of them, including payment of the costs of installation or constructing any such utility or facility by the applicant.
5. The Development Planner may, as a condition of issuing a Development Permit, require that an applicant enter into an agreement to do all or any of the following:
 
5.1. to construct, or pay for the construction of, a public roadway required to give access to the development;
5.2. to construct, or pay for the construction of:
 
5.2.1. a pedestrian walkway system to serve the development; or
5.2.2. pedestrian walkways that connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves, or are proposed to serve, an adjacent development, or both;
5.3. to specify the location and number of vehicle and pedestrian access points to Sites from public roadways;
5.4. to install, or pay for the installation of, utilities that are necessary to serve the development;
5.5. to construct, or pay for the construction of, off-street or other parking facilities, or loading and unloading facilities; or
5.6. to protect, repair or reinstate, or to pay for the repair or reinstatement, to original condition, any street furniture, curbing, sidewalk, boulevard landscaping, and tree planting that may be damaged or destroyed, or otherwise harmed by development or building operations upon the Site.
6. The Development Planner may, as a condition of issuing a Development Permit, require that an applicant enter into an agreement in a form satisfactory to the City, to pay an off-site levy or redevelopment levy, or both, imposed by a bylaw in compliance with the Municipal Government Act.
7. If an applicant applies for a Development Permit for a structure that encroaches on City owned property, the Development Planner may impose conditions requiring the applicant to mitigate the impact of the encroachment, including compensation, indemnities, insurance, and a duty to remove the encroaching structure when notified by the City. 
 
7.1. If the Development Planner does not impose conditions on an encroaching structure, this must not be interpreted as granting the applicant a right to encroach and the applicant may require a separate encroachment agreement.
8. The Development Planner may require an agreement entered into as specified in Subsections 4 and 5 to be registered on the current title for the Site at the Alberta Land Titles Office.
9. The Development Planner may, as a condition of issuing a Development Permit, require that an applicant post a minimum of 1 Development Permit notification Sign on-Site in compliance with Subsection 2 of Section 7.160.