CITY OF ARMSTRONG SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570

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1 CITY OF ARMSTRONG SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO

2 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 1 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 AMENDMENTS BYLAW NO. ADOPTION AMENDMENT

3 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 2 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 BYLAW: Table of Contents SECTION 1 - Title P - 4 SECTION 2 - Interpretation P - 5 SECTION 3 - Subdivision and Development Requirements and Regulations P - 9 SECTION 4 - Provision of Services in Subdivisions and Developments P - 10 SECTION 5 - Servicing Requirements for Subdivisions under Land Title Act P - 17 SECTION 6 - Servicing Requirements for Developments not Requiring Subdivision P - 19 SECTION 7 - Servicing Requirements for Highways Abutting a Site being Subdivided or Developed P - 21 SECTION 8 - Administration and Enforcement P - 25 SECTION 9 - Enactment P - 29 SCHEDULES: TITLE SCHEDULE A Level of Service P - 30 SCHEDULE B Regulations, Standards and Specifications For The Design and Construction of Highways P - 36 SCHEDULE C Regulations, Standards and Specifications For The Design and Construction of Water Systems P - 49 SCHEDULE D Regulations, Standards and Specifications For The Design and Construction of Sanitary Sewers P - 60 SCHEDULE E Regulations, Standards and Specifications For The Design and Construction of Drainage Systems P - 69 SCHEDULE F Regulations, Standards and Specifications For The Design and Construction of Concrete Curbs, Gutters, Sidewalk, Stairs P - 78 SCHEDULE G Regulations, Standards and Specifications For The Design and Construction of Street Lighting P - 82 SCHEDULE H Regulations, Standards and Specifications For The Design and Construction of Hydro, Telephone, Gas, CATV P - 86 SCHEDULE I Regulations, Standards and Specifications For The Design and Construction of Landscaping P - 89 SCHEDULE J Specification Drawings P - 92 SCHEDULE K Regulations, Standards and Specifications For Surveys and Design Drawings P - 97 Table of Contents

4 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 3 SCHEDULES: TITLE SCHEDULE L Materials, Construction, Testing Specifications P SCHEDULE M Application for Preliminary Layout Review P SCHEDULE M-1 Standard Subdivision / Development Agreement Document P SCHEDULE N Statutory Right-of-Way Document P SCHEDULE O Confirmation of Commitment by Owner Regarding Design and Field Review of Construction By A Professional Engineer P SCHEDULE P Certificate of Inspection P SCHEDULE Q Certificate of Substantial Completion P SCHEDULE R Certificate of Completion P SCHEDULE S Certificate of Final Acceptance P SCHEDULE T Agreement to Pay Non-Refundable Deposit P SCHEDULE U Cost Sharing Agreement P SCHEDULE V Insurance Certificate P SCHEDULE W Letter of Credit P SCHEDULE X Flushing / Testing / Disinfection Report P SCHEDULE Y Fire Hydrant Flow Test Procedure and Report P SCHEDULE Z Signed Release P FORMS Form M/07 Application for Preliminary Layout Review P Form M-1/07 Standard Subdivision / Development Agreement Document P Form N/07 Statutory Right-of-Way Document P Form O/07 Confirmation of Commitment by Owner Regarding Design and Field Review of Construction By A Professional Engineer P Form P/07 Certificate of Inspection P Form Q/07 Certificate of Substantial Completion P Form R/07 Certificate of Completion P Form S/07 Certificate of Final Acceptance P Form T/07 Agreement to Pay Non-Refundable Deposit P Form U/07 Cost Sharing Agreement P Form V/07 Insurance Certificate P Form W/07 Letter of Credit P Form X/07 Flushing / Testing / Disinfection Report P Form Y/07 Fire Hydrant Flow Test Procedure and Report P Form Z/07 Signed Release P SPECIFICATION DRAWINGS Schedule J Table of Contents P 92 Table of Contents

5 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 4 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 A Bylaw to Regulate the Subdivision and Development of Land. WHEREAS a Municipality may by Bylaw regulate the Subdivision and Development of land (currently pursuant to Part 26, Division 9 and 11 of the Local Government Act); AND WHEREAS it is deemed desirable to regulate the subdivision and development of land in order to promote the orderly and economic development of the City; AND WHEREAS the wishes to amend the provisions of the present Subdivision and Development Servicing Bylaw No. 1169, 1994; NOW THEREFORE, the Council of the, in open meeting assembled, ENACTS AS FOLLOWS: SECTION 1 - TITLE This Bylaw may be cited as the Subdivision and Development Servicing Bylaw No. 1570, SECTION 1 - Title

6 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 5 SECTION 2 - INTERPRETATION In this Bylaw, unless the context requires otherwise: Act means Local Government Act, Land Title Act, Health Act, and any other Act named in this Bylaw and found in the revised Statutes of British Columbia, 1996, as amended from time to time both before and after the date of this Bylaw. Applicant means a person, duly authorized by the Owner of the property proposed to be subdivided or developed, to act as agent for the Owner. Approval, Final means the Approving Officer s affixation of his/her signature to the subdivision plan pursuant to Section 88 of the Land Title Act. Approval, Preliminary Layout means written notification of a review of information presented to the Approving Officer previous to submission of a subdivision plan for final approval. Approving Officer means the person duly authorized by Council to act as Approving Officer under Section 77 of the Land Title Act and includes a Deputy Approving Officer. "As-Built/Record Drawing" means revised design drawings, prepared by or under the supervision of a Professional Engineer, which accurately detail the location of the final constructed works. Boulevard means that area between the parcel line of the adjoining property and the traveled portion of a street or highway but does not include curbs, gutters, sidewalks, or driveways. Building Inspector means the Building Inspector duly authorized by Council to act on behalf of the. Building Regulations means the Building Regulations adopted by Council for application in the. City Engineer means the Engineer, or Designate, of the appointed as such by the City Council of Armstrong. SECTION 2 - Interpretation

7 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 6 Contractor means a company, firm, or employee, bound by a legal contract with the Owner(s) to complete the Works and Services required for the Subdivision or Development. Council means the City Council of the. Cul-de-sac means a street or highway with only one point of intersection with another street or highway and which terminates in a vehicle-turning area and is designated to be permanently closed to thru traffic except for a lane or walkway, by the pattern of the subdivision. "Development" means an activity that requires a Building Permit or an activity that alters the existing surficial characteristics of the land. "Frontage" means the length of a lot boundary which immediately adjoins a street or highway other than a lane or a walkway. "Highway" means a street, road, lane, walkway, bridge, viaduct, and any other way open to public use. Except for highways created under Section 4 of the Highways Act, the width of a highway is measured from lot line to lot line. A highway does not include private easements on private property. "Highway, Arterial" means a street used primarily by fast or heavy traffic of which a significant portion has both its origin and destination outside of the subdivision area. "Highway, Collector" means a street which carries traffic from local streets to arterial streets and includes the principal entrance streets for circulation of traffic within such a subdivision. "Highway, Local" means a street used primarily for travel and access to and from the parcels of land contiguous thereto. "Irrigation District" means and Irrigation District incorporated under the Local Government Act or in the Water Act. "Lane" means a public thoroughfare which affords only secondary means of access to a lot at the side or rear and is not to be considered a partial street. "Lot" means an area of land, or lands, designated as a separate, distinct parcel on a legally recorded subdivision plan or description filed in the Land Title Office, and having a principal frontage upon a public street or road. SECTION 2 - Interpretation

8 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 7 "Lot Line" means a legally defined boundary of any lot. "Lot Depth" means the shortest horizontal distance between the front and rear lot lines. "Lot Width" means the horizontal distance between the side lot lines measured at right angles to the lot depth. "Medical Health Officer" means the Medical Health Officer appointed under the Health Act. "Municipality" means the or the area within the city boundaries thereof as the context may require. "Owner(s)" means the person or persons registered in the Land Title Office as the Owner(s) of the parcel of land for which application is being made for subdivision or development. "Owner's Engineer" means the Professional Engineer engaged by the Owner to design and prepare drawings for construction of works in a subdivision or development and to issue a Certificate of Inspection. "Potable Water" means water which is approved for drinking purposes by the Medical Health Officer. "Professional Engineer" means a person who is registered or duly licensed as such under the provisions of the Engineers and Geoscientists Act of British Columbia. "Proven Supply" means that a supply of potable water is available and proven with respect to volume, delivery and continuity of supply from an on-site groundwater system, a source requiring a water license from the Ministry of Environment, or a community water system. "Roadway" means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic. "Service Level" means the standard of municipal services required for the development of subdivisions and other developments not requiring subdivision under the provisions of this Bylaw. "Street" means a highway except a lane, trail, or walkway. SECTION 2 - Interpretation

9 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 8 "Subdivision" means any change in the existing size, shape, number or arrangement of registered lots, whether or not involving the creation of a greater number of lots than existing and whether carried out by plan or metes and bounds description. Consolidation of existing lots and subdivisions and developments carried out under the provisions of the Strata Property Act shall be included within this definition. "Top of Slope, Embankment or Escarpment" means the natural defined top edge of a slope, embankment or escarpment, or, where a gradual steepening exists, the point at which the slope exceeds 30% grade. "Walkway" means a highway intended to carry pedestrian and non-motorized traffic. "Watercourse" means any natural or man-made drainage course or source of water, whether usually containing water or not, and includes any lake, river, creek, spring, ravine, swamp, gulch, or source of ground water, whether enclosed in a conduit or not, or as required by a designated official of the Ministry of Environment of the Province of British Columbia. Works and Services means any public or private service, facility, or utility which is required by this Bylaw and without restricting the generality of the foregoing includes: the supply and distribution of water, including fire hydrants, the collection and disposal of sewage, the collection and disposal of storm/drainage water, street lighting, dedicated and constructed highways including asphalt concrete pavement surface, curb & gutter, landscaping, sidewalks, stairs, fences, boulevards, pavement markings, signage, street trees, planters, boulevard irrigation, park benches, mail boxes, the supply and installation of electrical power, telephone, natural gas, and cable television. "Zone" means an area created by the Zoning Bylaw of the as amended or as replaced from time to time both before and after the effective date of this Bylaw. SECTION 2 - Interpretation

10 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 9 SECTION 3 - SUBDIVISION AND DEVELOPMENT REQUIREMENTS AND REGULATIONS Compliance with Bylaw 3.01 No person shall subdivide or undertake subdivision or development of land in the except in compliance with the provisions of this Bylaw. General Requirements for Design of Subdivisions 3.02 No subdivision of land shall be approved which: a) is not suited to the configuration of land being subdivided, b) is not suited to the use to which it is intended, or c) will make impracticable the future subdivision of the land within the proposed subdivision or of any adjacent land. SECTION 3 Subdivision and Development Requirements and Regulations

11 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 10 SECTION 4 - PROVISION OF SERVICES IN SUBDIVISIONS AND DEVELOPMENTS Level of Service 4.01 Unless otherwise approved by a Development Variance Permit issued by the Council pursuant to Section 922 of the Local Government Act, all subdivisions, strata developments, and developments shall be provided with services as prescribed in Schedule A of this Bylaw and the level of services required may be different for different zones as established by the Zoning Bylaw in accordance with the provisions of Schedule A of this Bylaw. Subdivisions Where Servicing Requirements May Be Waived 4.02 a) Notwithstanding Subsection 4.01 of this Section, the servicing requirements prescribed in Schedule A of this Bylaw may be waived, by the Approving Officer where the lot created is to be used solely for the unattended equipment necessary for the operation of: i) a community water system, ii) a community sewer system, iii) a community gas distribution system, iv) a community radio or television receiving antennae, v) a radio or television broadcasting antenna, vi) a telecommunications relay station, vii) an automatic telephone exchange, viii) an air or marine navigational aid, ix) electrical substations or generating stations, or, x) any other similar public service or quasi public service facility or utility. b) Notwithstanding Subsection 4.01 of this section, the servicing requirements prescribed in Schedule A pertaining to provision of community sanitary sewer systems, community water supply systems, or storm sewer systems, may be waived provided that all of the following conditions are met: i) the maximum width of the lot after subdivision shall be 60 metres and the minimum lot area after subdivision shall be 5,000 square metres, SECTION 4 Provision of Services in Subdivisions and Developments

12 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 11 ii) iii) the subdivision will not create new highways other than widening of existing highways, the parcel to be subdivided does not adjoin a highway or easement that contains one or more of the following services: - sanitary sewer, - water, - storm sewer. Expense of Services To Be Borne By Owner 4.03 Unless otherwise provided in this Bylaw, all works and services required in this Bylaw shall be constructed and installed at the expense of the Owner. Bonding and Development Agreement Required 4.04 All works and services to be constructed and installed to serve any proposed subdivision of any lands shall be constructed and installed as prescribed in Schedules A to H hereto at the expense of the Owner prior to the approval of such subdivision by the Approving Officer. A plan of subdivision may be finally approved prior to the completion of the construction and installation of the required works and services where the Owner deposits a bond with the in the amount of One Hundred and Twenty-Five Percent (125%) of the cost of installing and paying for all the works and services required as estimated by the Approving Officer before the subdivision plan is finally approved by the Approving Officer, and enters into a form of agreement with the City as contained in Schedule M hereto for subdivisions pursuant to the Land Title Act of the Province of British Columbia, to do all things required to carry out and construct the necessary works and services. Excess or Extended Capacity 4.05 Pursuant to Section 939 of the Local Government Act the City may require that the Owner provide excess or extended services to provide access to or service land other than the land being subdivided or developed. SECTION 4 Provision of Services in Subdivisions and Developments

13 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 12 Right-of-Way Agreement 4.06 Where the provisions of this Bylaw require an Owner to grant a utility or drainage right-of-way to the the Owner shall be required to enter into an agreement as prescribed in Schedule N of this Bylaw and shall pay all associated costs. Design and Field Review of Construction by a Professional Engineer 4.07 All engineering drawings required in this Bylaw for works and services shall be prepared by a Professional Engineer registered to practice in the Province of British Columbia. The Owner shall engage a Professional Engineer to carry out all necessary field reviews and inspections during the construction of works and services required as a condition of subdivision approval. The Professional Engineer shall submit a report in the format set out in Schedule P of this Bylaw certifying that the works and services have been carried out in compliance with this Bylaw and the plans, drawings, and supporting documents submitted in support of the subdivision application which were accepted by the. All applications for subdivision shall include a letter of commitment from the Owner in the format set out in Schedule O of this Bylaw that a Professional Engineer has been engaged to carry out all necessary design works and undertake all field services for the subdivision. a) Upon completion of the works and services the Owner shall provide to the City Engineer 2 sets of as-built ANSI D prints signed and sealed by the Owner's Professional Engineer, 1 - CD ROM and 1 - Adobe Acrobat PDF CD format scaled to print on 280 mm x 430 mm (11" x 17") ANSI D, of all work constructed or installed pursuant to the application. b) If there are any deficient or missing as-built drawings upon completion of the work any refund due the Owner will be debited in the amount of $1, per drawing and CD. SECTION 4 Provision of Services in Subdivisions and Developments

14 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 13 Exception For Service Connection 4.08 Notwithstanding Section 4.07 above, in a subdivision where only service connections to existing works and services are required, the City may not require that the applicant engage a Professional Engineer to design the service connections. Geotechnical/ Slope Stability 4.09 A geotechnical report(s) on slope stability is required prior to land use redesignation, subdivision, development and/or building approval. A report is required wherever the slope on the subject lands or portions thereof exceed fifteen percent (15%) or where past subsidence, slippage or seepage is evidenced in the vicinity of the site. The requirement for a geotechnical report for slope stability may be waived by written authorization from the City Engineer. The City Engineer may also require a Geotechnical report for sites with soil conditions, swelling clays, groundwater, or other such conditions, which, in the opinion of the City Engineer, require special attention. a) Slope stability reports shall contain a minimum of the following information: i) Existing property lines shown on plan(s). ii) Top of slope, embankment escarpment, and toe of slope. iii) Contour mapping as required by the Geotechnical Engineer. iv) Stability Limit (S.L.) line(s) shown on the plan(s). The S.L. line is defined as the line that corresponds to a slope stability Safety Factor (S.F.) of 1.5 and delineates the Developable Area where S.F. is greater than 1.5 from the Undevelopable Area where S.F. is less than 1.5. To define the S.L. line, the slope is to be analyzed in the existing natural condition using the highest expected groundwater condition, both natural and man-made. v) The effect of and extent of slope failure on the subject land and adjacent properties and the methods of protection of the lands. SECTION 4 Provision of Services in Subdivisions and Developments

15 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 14 vi) vii) viii) A setback line, drawn in relation to the S.L. line and within the developable area, which shall define the point nearest the S.L. line that structures (including streets, underground utilities, building foundations, swimming pools, etc.) can be constructed without jeopardizing the slope stability at the S.L. line. The building setback line shall be no closer to the top of slope than: a) that line determined by a Geotechnical Engineer using a method described in this section, or b) the "rear yard setback" distance as may be specified by Bylaw. Identification of proposed fill areas and development of a filling plan addressing ultimate topography, fill materials, methodology, inspection, testing, revegetation, slope stability and setbacks as defined by this section. Assessment and recommendations regarding the effects of rainfall, runoff and irrigation. b) Existing lands within areas where the S.F. is less than 1.5 may be considered for development by the City Engineer if the existing slope is modified using recognized remedial procedures which will yield a S.F. greater than 1.5. c) A Geotechnical Report shall be provided which comments on, but is not necessarily limited to; the suitability of the subgrade to support road construction without settlement, provides recommendations for road structure design commenting on shrinkage/expansion of the subgrade found in the, the suitability of the subgrade to support water and gravity sanitary and storm infrastructure without settlement, the suitability of excavated trench material for utilization as trench backfill, and the suitability of the subgrade to support residential or commercial development. d) Geotechnical and Slope stability reports shall be prepared by a Professional Geotechnical Engineer. SECTION 4 Provision of Services in Subdivisions and Developments

16 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 15 e) It is the responsibility of the Owner to ensure that geotechnical and slope stability reports are initiated and that development conforms to the recommendations in the report. f) The Geotechnical and Slope Stability report shall include provisions which permit the to use and rely on the Report's findings and recommendations and be signed over seal by a Geotechnical Engineer duly licensed as such under the provisions of the Engineers and Geoscientists Act of British Columbia. Traffic Impact Analysis 4.10 The Approving Officer may require the Owner to provide a traffic impact analysis. Off-Site Utilities Impact Analysis 4.11 The Approving Officer may require the Owner to provide an off-site utilities impact analysis. Site Preparation 4.12 In no case shall land be excavated, filled, paved or graveled or the surface features of land otherwise be altered for the purpose of development without the prior written approval of the Approving Officer or the City Engineer. Off-Site Services 4.13 The Owner may be required to contribute towards the costs of upgrading or upsizing off-site roads and utilities required to service the subdivision and/or development in accordance with Bylaw Works Within Existing Right-of-Ways 4.14 Where a subdivision or development must construct works within a City road, or right-of-way, the following is required: a) Provide engineering drawings for the works in accordance with the provisions of this Bylaw. SECTION 4 Provision of Services in Subdivisions and Developments

17 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 16 b) Provide security in a form acceptable to the City Treasurer in the amount of One Hundred and Twenty-five (125%) of the cost of construction of the works within the City road or right-of-way, plus development, processing, administration, engineering and inspection fees as set out in Schedule 8.01 of this Bylaw. c) Obtain a Permit from the City Engineer for construction within a right-of-way. Exception for Property Boundary Adjustments 4.15 Notwithstanding Section 4.01 of this Bylaw, subdivisions involving only property boundary adjustments where the number of lots is not increased shall not be subject to the requirements of this Bylaw except in the following cases: a) Where road dedication is required all dedication for future road widening shall be obtained at the time of the property boundary adjustment application. b) Any unprotected or existing servicing that encroaches on an adjustment parcels shall be protected by means of easement or statutory right-of-way or relocated as required by the City Engineer. Any relocation of services shall be governed by the regulations of this Bylaw. c) The Applicant shall provide a plan prepared in accordance with this Bylaw showing the location of all existing structures, road and utilities in order to demonstrate compliance with the above requirements. SECTION 4 Provision of Services in Subdivisions and Developments

18 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 17 SECTION 5 - SERVICING REQUIREMENTS FOR SUBDIVISIONS UNDER LAND TITLE ACT Highways 5.01 All highways created by plan of subdivision including widening of highways shall: a) comply with the dimensions, location, alignment, drainage, and gradient requirements set out in Schedules A, B and E of this Bylaw and; b) be cleared, graded, surfaced and landscaped in accordance with standards set out in Schedules A and B of this Bylaw. Sidewalks, Curbs and Gutters 5.02 (a) In subdivisions where highways are created, sidewalks, curbs and gutters shall be provided as required in Schedule A and constructed in accordance with the standards set out in Schedule F of this Bylaw. (b) Where in the opinion of the City the construction of curb, gutter and sidewalks would be impractical at the time of subdivision a cash deposit shall instead be deposited with the City in accordance with the conditions and requirements of paragraph 7.01 (b) (iii) and Schedule T of this Bylaw, to be used by the City for the future construction of curb, gutter and sidewalk improvements on the highway adjacent to the lands being subdivided. Street Lighting 5.03 In subdivisions where highways are created, street lighting shall be provided as required in Schedule A and constructed in accordance with the standards set out in Schedule G of this Bylaw. Electrical and Communications Wiring and Gas Distribution System 5.04 In subdivisions where parcels are created each parcel shall be provided with power supply and communications consistent with the standards set out in Schedule A and Schedule H of this Bylaw. Where cablevision and gas service are to be provided such services shall be provided consistent with the standards set out in Schedules A and H of this Bylaw. SECTION 5 Servicing Requirements for Subdivisions under Land Title Act

19 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 18 Water Distribution System 5.05 In subdivisions where parcels are created each parcel shall be supplied with a complete water distribution system connected to a community water system as required in Schedule A, and all system components shall be installed in accordance with the standards set out in Schedule C of this Bylaw. Sanitary Sewer 5.06 In subdivisions where parcels are created each parcel shall be: a) provided with a complete sewage collection system connected to the community sanitary sewer system, or b) provided with an on-site sewage disposal system as required in Schedule A of this Bylaw, and all system components shall be installed in accordance with the standards set out in Schedule D of this Bylaw. Drainage System 5.07 In subdivisions where parcels are created each parcel shall be provided with a complete and fully operative drainage system as required in Schedule A of this Bylaw, and constructed in accordance with the standards set out in Schedule E of this Bylaw. SECTION 5 Servicing Requirements for Subdivisions under Land Title Act

20 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 19 SECTION 6 - SERVICING REQUIREMENTS FOR DEVELOPMENTS NOT REQUIRING SUBDIVISION Developments Not Requiring Subdivision 6.01 As a condition of the issuance of a Building Permit on a site being developed the may require that the Owner provide works and services which are directly attributable to the development consistent with the provisions of this section. Prior to issuing a Building Permit on a site being developed the City of Armstrong may require the Owner to prepare a site servicing plan and details prepared by a Professional Engineer which shall identify how the Owner intends to construct the services on the site. All site servicing plans are to be approved by the City Engineer. Domestic Water 6.02 Where the provisions of Schedule A require a parcel containing a development to be served by a community water system the water distribution system on the parcel shall be constructed and connected to the community water system consistent with a site servicing plan approved by the City Engineer and the provisions of Schedule C of this Bylaw. Sanitary Sewer 6.03 Where the provisions of Schedule A require a parcel containing a development to be served by a community sewer system the sewage collection system on the parcel shall be constructed and connected to the community sewer system consistent with a site servicing plan approved by the City Engineer and the provisions of Schedule D of this Bylaw. Site Drainage 6.04 The development shall be provided with site drainage collection and disposal facilities in accordance with a site servicing plan approved by the City Engineer and the provisions of Schedule E of this Bylaw. SECTION 6 Servicing Requirements for Developments not Requiring Subdivision

21 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 20 Site Parking and Loading Facilities 6.05 For developments where on-site parking and/or on-site loading facilities are required the development shall be provided with vehicle access from a highway or highways in accordance with the Access Permit and a site servicing plan approved by the City Engineer. For developments located on sites fronting on a controlled access highway designated pursuant to the Highway Act, the proposed method of providing access to the site shall also be subject to the approval of the Province of British Columbia Ministry of Transportation. Electrical, Telephone and Cablevision Wiring 6.06 Where the provisions of Schedule A require underground wiring all hydro, telephone, cablevision, and street light wiring shall be installed underground consistent with the provisions of Schedules G and H of this Bylaw. SECTION 6 Servicing Requirements for Developments not Requiring Subdivision

22 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 21 SECTION 7 - SERVICING REQUIREMENTS FOR HIGHWAYS ABUTTING A SITE BEING SUBDIVIDED OR DEVELOPED 7.01 As a condition of the approval of a subdivision or development or the issuance of a Building Permit the shall require that the Owner provide works and services directly attributable to the development on that portion of all highways immediately abutting the parcel being subdivided or developed up to the centre line of the highways for Items (a) and (b) below only. Works and services which are required include: a) i) Where there is no existing work, highway improvements including clearing, grading, drainage and surfacing in accordance with the standards set out in Schedules A and B of this Bylaw. ii) Where existing works are deemed adequate for the development proposed no highway improvements shall be required. b) i) Sidewalk, curb and gutter improvements in accordance with the standards set out in Schedules A and F of this Bylaw subject to the following: 1. The construction of a sidewalk may also include without limiting the generalities of the foregoing, the construction of additional off-site works such as curbs, gutters, catch basins, storm sewer main extensions, handrails and retaining walls such that the sidewalk can be properly installed and maintained. Such additional off-site works shall be constructed in accordance with the standards contained within this Bylaw. The City Engineer is to confirm the extent and details of the additional off-site construction works associated with a required sidewalk. 2. Sidewalks are not required to be constructed within the City road right-of-way adjacent to a property for which a Building Permit or Subdivision Application has been submitted under the following conditions: SECTION 7 Servicing Requirements for Highways Abutting a Site being Subdivided or Developed

23 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE ) A sidewalk has not been designated by the authority having jurisdiction for the side of the road right-of-way adjacent to the subject property under application. 2.2) A sidewalk is not required as per Table A.2 of this Bylaw. 2.3) Where the Subdivision Plan only involves a consolidation of lots or road dedication or road closure or phased building strata or lease plan. 2.4) Where the Building Permit application only involves signs or internal renovations or exterior renovations without additions or accessory buildings or small public utility structures such as pump houses and park washrooms or portable classrooms and washroom structures or temporary buildings or minor additions valued at less than $25,000., and 2.5) Where the road right-of-way adjacent to the subject property under application is insufficient in width to accommodate the designed sidewalk and where the right-of-way acquisition is not part of the application approval provisions. ii) iii) Where the existing works are deemed adequate for the development proposed, no improvements will be required. Where in the opinion of the City the construction of curb, gutter and sidewalk improvements would be impractical at the time of subdivision or development a cash deposit shall instead be deposited with the City to be used by the City for the future construction of curb, gutter and sidewalk improvements on the highway adjacent to the lands being subdivided or developed. The provision of a cash deposit shall be subject to the following: SECTION 7 Servicing Requirements for Highways Abutting a Site being Subdivided or Developed

24 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE The amount of the cash deposit shall be equal to the total estimated costs of constructing the required curb, gutter and sidewalk improvements, as determined by the City, based on the City's unit prices for such construction and the requirements of Tables A2 and F.1 of Schedules A and F of this Bylaw. 2. Without limiting the generality of (a), the construction of the curb, gutter and sidewalk improvements shall include all additional and ancillary works including, but not limited to such items as base and sub-base aggregate, catch basins, storm sewer main extensions, steps, handrails and retaining walls required for the proper installation of the curb, gutter and sidewalk improvements. 3. The City shall hold the cash deposit in trust and only use the deposit for the future construction of curb, gutter and sidewalk improvements and ancillary components on the highway adjacent to the lands being subdivided or developed. 4. The timing of the future construction of the curb, gutter and sidewalk improvements shall be at the sole discretion of the City. 5. The provisions of the cash deposit shall constitute full and complete compliance with the requirements of subsections 7.01 (b) (i) and 5.02 (b) of this Bylaw and where the actual costs of construction of the curb, gutter and sidewalk improvements vary from the amount of the cash deposit, no refund shall be payable by the City nor shall the applicant be responsible for the shortfall. c) Water system improvements including construction of water distribution components in accordance with the standards set out in Schedule C of this Bylaw as required to service the development. d) Sewer system improvements including the construction of sewage collection system components in accordance with the standards set out in Schedule D of this Bylaw where Schedule A of this Bylaw requires the development of a sewer system as required to service the development. SECTION 7 Servicing Requirements for Highways Abutting a Site being Subdivided or Developed

25 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 24 e) Drainage system improvements including the provision of drainage facilities as required in Schedule A of this Bylaw, and construction of specific drainage system improvements in accordance with the standards set out in Schedule E of this Bylaw as required to service the development. f) Where the provisions of Schedule A require underground wiring all hydro, telephone, electrical and cablevision ducting and junction facilities shall be installed in accordance with the provisions of Schedule H of this Bylaw as required to service the development. SECTION 7 Servicing Requirements for Highways Abutting a Site being Subdivided or Developed

26 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 25 SECTION 8 - ADMINISTRATION AND ENFORCEMENT Application Fee (Bylaw No. 1567, 2007) 8.01 a) All subdivision, strata, and development applications, submitted to the City, shall be accompanied by any and all fees that relate to each application, prior to the City commencing any processing, inspection, advertising or administration processes: i) Subdivision - Regular, Bare Land Strata or Building Strata Conversion Application Fee - for the first lot proposed to be created $ Fee for each additional parcel or strata lot created $ Administration fees on subdivisions and strata developments creating more than three lots, 3% of the first $500,000., 2% of the second $500,000. and, 1% of the balance over $1,000,000., of the estimated costs of constructing utilities and roads, as approved by the City Engineer. Latecomer Agreement $1, ii) Development Development Permit $ Development Variance Permit $ Amendment to a Development Permit $ Amendment to a Development Variance Permit $ Joint Development and Development Variance Permit or Amendment $ Administration fees on developments 3% of the first $500,000. 2% of the second $500,000. and, 1% of the balance over $1,000,000., of the estimated costs of constructing utilities and roads, as approved by the City Engineer. SECTION 8 Administration and Enforcement

27 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 26 b) An Application, for development approval, shall include the following fees; i) At the time of application, any fee payable under the Building and Plumbing Permit application. ii) Prior to the issuance of a permit where a permit is required or prior to construction where no permit is required, the Owner shall submit a fee for City administration costs in the amount set out Clause 8.01 of this Bylaw. c) Application fees itemized in Section 8.01 a), i) and ii) shall be in accordance with the Bylaw No. 1567, 2007 and any subsequent amendments thereto. Preliminary Layout Review 8.02 a) An Owner may, before causing a plan of subdivision to be prepared and submitted for approval pursuant to the provisions of the Land Title Act, make a submission for Preliminary Layout Review. This submission shall be accompanied by a preliminary plan of the proposal and shall include information as required by the Approving Officer to appraise the proposed subdivision. b) Preliminary Layout Review of any subdivision shall not be construed as final approval for land registration or any other purpose, nor is a submission for Preliminary Layout Review considered an application under Section 993 of the Local Government Act. This approval shall not be considered as acceptance by the City or its Approving Officer of anything except the general layout of the proposed subdivision, and a list of minimum conditions which would have to be taken into consideration in an application for final approval. Preliminary Layout Review is revocable by the Approving Officer at any time before final approval is granted. c) The approval period for Preliminary Layout Review (PLR) shall be a maximum of one (1) year with a maximum one (1) year re-approval period permitted wherein the PLR re-approval conditions may vary from the initial PLR approval conditions. d) Preliminary Layout Review Application shall be submitted on a Schedule M form Application for Preliminary Layout Review. SECTION 8 Administration and Enforcement

28 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 27 Authorization To Enter On Lands Being Subdivided and/or Developed 8.03 Officers of the, or their designates are authorized to enter at all reasonable times upon the lands for which the application to subdivide and/or develop has been made in order to ascertain whether the provisions of this Bylaw are being met. Violation 8.04 Every person who: a) Violates any of the provisions of this Bylaw; b) Causes or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw; c) Neglects or omits to do anything required under this Bylaw; d) Carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this Bylaw; e) Fails to comply with an order, direction or notice given under this Bylaw; f) Prevents or obstructs or attempts to prevent or obstruct the authorized entry of an officer on property under Clause 8.03; shall be deemed to be guilty upon summary conviction of an offence under this Bylaw. Offence 8.05 Each day's continuance of an offence under Section 3 constitutes a new and distinct offence. Penalty 8.06 Any person who violates any of the provisions of this Bylaw shall, on summary conviction, be liable to a penalty not exceeding $2,000. plus the cost of prosecution for each offence. SECTION 8 Administration and Enforcement

29 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 28 Completion 8.07 Should any person fail to construct or install any works or services required under this Bylaw, the City, its agents or servants may construct or install the works and services at the expense of the person in default, and at the expense thereof, with interest at the rate of six percent (6%) per annum with costs, which may be recovered in like manner from the bond or as municipal taxes. Severability 8.08 If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason deemed to be invalid by the decision of any court of competent jurisdiction the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Bylaw. Schedules Form Part of Bylaw 8.09 Schedules "A" through "Z" are attached to and form part of this Bylaw. Authorization 8.10 a) The Administrator and Clerk are authorized to sign on behalf of the City the Agreement set out in Schedule M-1 without further resolution of Council if such Agreement conforms with the provisions of this Bylaw. b) The City Engineer and Clerk are authorized to sign on behalf of the City the Agreements set out in Schedules M-1, T, and U without further resolution of Council if such Agreements confirm with the provisions of this Bylaw. SECTION 8 Administration and Enforcement

30 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 29 SECTION 9 - ENACTMENT Repeal of Previous Bylaw 9.01 Subdivision and Development Servicing Bylaw No. 1169, 1994 and all amendments thereto, are hereby repealed Bylaw Adoption This Bylaw shall take effect upon adoption by the Council of the City of Armstrong. READ A FIRST TIME THIS 22 ND day of October, READ A SECOND TIME 22 ND day of October, READ A THIRD TIME 22 ND day of October, RECONSIDERED AND FINALLY ADOPTED THIS 13 TH day of November, Signature on File Mayor Signature on File Clerk Certified to be a true and correct copy of Bylaw No cited as Subdivision and Development Servicing Bylaw No. 1570, 2007 Dated this 13 th day of November, Signature on File Clerk SECTION 9 - Enactment

31 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 30 SCHEDULE A LEVEL OF SERVICE This is Schedule A of the Subdivision and Development Servicing Bylaw No. 1570, 2007 (Clerk) SCHEDULE A Level of Service

32 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 31 Establishment of Service Levels SCHEDULE A - LEVEL OF SERVICE The type of services to be constructed by an owner prior to obtaining approval for a plan of subdivision or development shall be based on the zone in which the land is located as set out on the Official Zoning Map of the Zoning Bylaw of the as amended. In Table A.1, the minimum level of service to be provided with respect to sanitary sewer, water, drainage, street lighting and wiring is set out in Columns 2, 3, 4, 5 and 6, and the zones which are subject to each service level are described in Column 1. In Table A.2, the required minimum standards for various classifications of highways are provided in Columns 2, 3, 4 and 5, and the zones which are subject to each standard are described in Column 1. Boulevard and development landscaping shall be specified at the time of subdivision and/or development application, Schedule M -1 (Standard Subdivision Development Agreement Document, Appendices B and C ). For the purposes of Table A.1: "Community Sanitary Sewer System (CSSS)" means construction of a sewage collection system and connection to a community sanitary sewer. "Community Water System (CWS)" means construction of a domestic water distribution system and connection to the City's domestic water distribution system. "On-Site Sewage Disposal (On-Site SD)" means on-site effluent disposal. "On-Site Water Supply (On-Site WS)" means a proven water supply located on each parcel. "Ditch System (Ditch)" means a drainage collection and disposal system by open ditches and culverts. "Overhead Wiring (Overhead)" means overhead electrical, communications and CATV wiring. "Storm Sewer System (SSS)" means construction of a storm water drainage and collection system and connection to the City's storm sewer system or major drainage system. SCHEDULE A Level of Service

33 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 32 "Street Lighting - Thru Subdivision (Thru Subdivisions)" means the provision of street lighting throughout the subdivision or development to the standards specified in this Bylaw. "Street Lighting - Intersections Only (Intersections)" means the provisions of street lighting at intersections only. SCHEDULE A Level of Service

34 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 33 TABLE A.1 REQUIRED MINIMUM LEVEL OF SERVICE FOR SANITARY SEWER, WATER SUPPLY, DRAINAGE, STREET LIGHTING, AND WIRING COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 ZONE SANITARY WATER DRAINAGE STREET WIRING SEWER SUPPLY LIGHTING Residential & Public Assembly R-1, R-1A, R-1B, R-2, R-3, R-4, R-5, R-6, RBB P-1, P-2, P-3 Commercial CSSS CWS SSS Thru Sub- Division Thru Sub- Division Underground Under- Ground C-1, C-2, C-3, C-4, C-5 CSSS CWS SSS Industrial Thru Sub- Division Under- Ground I-1 CSSS CWS SSS Thru Sub- Division Agricultural - Small Holdings Overhead A1 On-Site SD 1 On-Site CWS Ditch Intersections Overhead CR On-Site SD 1 CWS Ditch Intersections Overhead CSSS - Community Sanitary Sewer System CWS - Community Water system SSS - Storm Sewer System CWS - Community Water System SD - Sewage Disposal CR - Country Residential 1 Minimum lot size for on-site sewage disposal shall be 1.0 hectare. SCHEDULE A Level of Service

35 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 34 TABLE A.2 - Part I REQUIRED MINIMUM HIGHWAY STANDARDS Column 1 Column 2 Column 3 ZONE LOCAL HIGHWAYS 2 MINOR COLLECTOR HIGWAYS 2 R/W Width 1 Pavement Width Curb & Gutter Sidewalk R/W Width Pavement Width Curb & Gutter Sidewalk Residential Side Width Side Width R-1, R-1A, R-1B, R-2, R-3, R-4, R-5, R-6, RBB Yes one Yes one 1.85 Bare Land Strata Yes none Yes none - Strata Commercial n/a 8.5 Yes none - n/a 8.5 Yes none - C-1, C-2, C- 3, C-4, C Yes both Yes both 1.85 Industrial I Yes none Yes none - Public P-1, P-2, P Yes one Yes one 1.85 Other A1, CR No none No none - 1 All dimensions shown in metres. 2 Landscape requirements shall be specified in Schedule M -1 (Standard Subdivision Development Agreement Document, Appendices B and C ). Notes: In addition to the foregoing, the following standards shall apply to lanes and walkways: i) Lanes shall have a Right-of-Way width of not less than 6.0 m and a pavement width of 5.5 m except all commercial and Industrial zones in which case the main Right-of-way width shall be 7.6 m and the pavement width 7.6 m. ii) Walkways shall have a Right-of-way width of not less than 3.0 m and a pavement width of 3.0 m. SCHEDULE A Level of Service

36 SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 1570, 2007 PAGE 35 TABLE A.2 - Part II REQUIRED MINIMUM HIGHWAY STANDARDS COLUMN 1 COLUMN 4 COLUMN 5 ZONE MAJOR COLLECTOR HIGHWAYS 3 ARTERIAL HIGHWAYS 3 R/W Width 1 Pavement Width Curb & Gutter Sidewalk R/W Width Pavement Width 2 Curb & Gutter Sidewalk Residential Side Width Side Width R-1, R-1A, R-1B, R-2, R-3, R-4, R-5, R-6, RBB Yes one Yes one 1.85 Bare Land Strata Yes none Yes none - Strata Commercial n/a 8.5 Yes none - n/a 8.5 Yes none - C-1, C-2, C-3, C-4, C Yes both Yes both 1.85 Industrial I Yes none Yes one 1.85 Public P-1, P-2, P Yes one Yes one 1.85 Other A1, CR No none Yes one All dimensions shown in metres. 2 Plus width of median. 3 Landscape requirements shall be specified in Schedule M -1 (Standard Subdivision Development Agreement Document, Appendices B and C ). SCHEDULE A Level of Service