SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 985, 2017

TABLE OF CONTENTS

Schedule A – Level of Service Map (Roads) Schedule B – Supplementary Design Guidelines Schedule C – Supplementary Construction Specifications Schedule D – Supplementary Detail Drawings Schedule E – Approved Products List

TOWN OF VIEW ROYAL BYLAW NO. 985, 2017

A BYLAW TO REQUIRE THE PROVISION OF WORKS AND SERVICES AND TO ESTABLISH STANDARDS AND REGULATIONS IN RESPECT TO THE SUBDIVISION AND DEVELOPMENT OF LAND WITHIN THE TOWN OF VIEW ROYAL

The Council of the Town of View Royal, in open meeting, enacts as follows:

PART 1 TITLE, APPLICABILITY, SEVERABILITY AND REPEAL

1.1 Title

This Bylaw may be cited as "Subdivision and Development Servicing Bylaw No. 985, 2017”.

1.2 Applicability

This Bylaw applies to all lands within the area incorporated as the Town of View Royal.

1.3 Severability

If any Part, Section, Subsection, Paragraph or phrase of this Bylaw is for any reason held to be invalid by the decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw.

1.4 Repeal

The following sections of the Town of View Royal Land Use Bylaw, 1990, No. 35, as amended, are hereby repealed:

• Part 8 – Subdivision and Development
• Schedule 8A – Subdivision Servicing Agreement
• Schedule 8B – Development Servicing Agreement
• Schedule 9 – Developers Agreement Security

PART 2 INTERPRETATION

2.1 Definitions

"Application for Development" means the information, documents, agreements, covenants and fees required under this Bylaw for a development or subdivision.

"Approval, Final" means the Approving Officer’s affixation of his or her signature to the subdivision plan prepared by a currently practicing British Columbia Surveyor pursuant to the Land Title Act.

"Approving Officer" means the person appointed as such from time to time by the Council as the Approving Officer under the Land Title Act, and includes his or her lawful designate.

"Benefiting Lands" means lands, other than lands that are the subject of the Owner’s Application for Development, that are capable of being connected to or serviced by Excess or Extended Services.

"Boulevard" means the portion of a highway between the curb lines or the lateral boundary lines of a roadway and the adjoining lot or between curbs on median strips or islands, but does not include curbs, sidewalks, ditches, or driveways.

"Building Bylaw" means the Town of View Royal Building Bylaw, No. 786, 2010, as amended or replaced from time to time.

"Building Inspector" means the person duly appointed as such from time to time by the Council and includes any person designated by the Building Inspector to act on his or her behalf.

“Building Permit” means a permit issued pursuant to the Building Bylaw.

"Certificate of Final Acceptance" means the written confirmation issued by the Director of Engineering to the Owner that the Warranty Period for the Works and the Landscaping, respectively, has expired, and that all deficiencies of the Works and the Landscaping, respectively, upon inspection by the Director of Engineering, have been corrected to the satisfaction of the Director of Engineering.

"Certificate of Substantial Performance" means the certificate issued by the Owner’s Consulting Engineer for the Works and Landscape Architect for the Landscaping, respectively, indicating that Substantial Performance has been achieved.

"Certificate of Total Completion" means following receipt of the Certificate of Substantial Performance issued for the Works by the Consulting Engineer and the Landscaping by the Landscape Architect, the written confirmation of satisfactory completion of the Works and the Landscaping, respectively, issued by the Director of Engineering to the Owner.

“Community Drainage System” means a system of works owned, operated and maintained by the Ministry of Transportation or the Town, designed and constructed to control the collection, conveyance and disposal of surface and other water.

“Community Sewer System” means a sanitary sewer or a system of sewage disposal works which is owned, operated and maintained by the Town.

“Community Water System” means a system of waterworks which includes the water distribution and treatment facilities which are owned, operated or maintained by the Capital Regional District.

"Construct" or "Construction" means build, erect, install, repair, alter, add, enlarge, move, locate, re-locate, re-construct, upgrade, demolish, remove, excavate, or shore.

"Consulting Engineer" means a professional engineer who is licensed and registered to practice in British Columbia under the Engineers and Geoscientists Act, who is responsible for the design, construction, supervision and certification of all Works and Services on behalf of the Owner.

“Council” means the Municipal Council of the Town of View Royal.

"Design Drawings" means the drawings identifying the Works and Services requirements of this Bylaw, provided by the Owner and submitted to the Town pursuant to an Application for Development.

“Develop” or “Development” means any activity that requires a building permit under the Building Bylaw.

"Director of Engineering" means the Director of Engineering of the Town, or designate.

“Estimated Cost of Works and Services” means an estimate prepared by the Consulting Engineer that itemizes the fair market value or cost of construction of the Work and Services and which includes the value of all professional fees for design, approvals, construction period services and record drawings.

"Excess or Extended Services" is as defined in the Local Government Act. For convenience the current definition is:

(a) a portion of a Highway system that will provide access to land other than the land being subdivided or developed, and (b) a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed.

"Fees" means those fees payable to the Town in connection with the Subdivision or Development of land, as prescribed by the Fees and Charges Bylaw No. 958, 2016, as amended or replaced from time to time.

“Frontage” means that length of lot boundary which immediately adjoins a highway, other than a lane or walkway.

"Highway" or “Street” includes the width of a public right-of-way including roadway, boulevard, lane, walkway, curb and sidewalk open to public use, but does not include a private right-of-way on private property.

“Lane” means a highway more than 3 metres but not greater than 8 metres in width, intended to provide secondary access to a lot.

“Lot” means any parcel, block or other area in which land is held or into which it is subdivided whether under the Land Title Act or the Bare Land Strata Regulations under the Strata Property Act and includes a water lot, but does not include a phased subdivision boundary.

"Maintenance Period" means the period of time following Total Completion of the Works and Services where the Owner continues to maintain the Works and Services for a period of:

(a) three years for required landscaping; and (b) one year for all other required Works and Services.

“MMCD” means Volume II of the Master Municipal Construction Document Platinum Edition, and the MMCD Design Guidelines 2014, as amended or replaced from time to time, which forms part of this Bylaw, unless specifically modified by the following:

• Schedule B – Supplementary Design Guidelines
• Schedule C – Supplementary Construction Specifications
• Schedule D – Supplementary Detail Drawings

“Off-site Works and Services” means Works and Services that are directly attributable to the Subdivision or Development and that will be owned and maintained by the Town or the Capital Regional District or the Province of British Columbia following issuance of the Certificate of Final Acceptance.

"Owner" means the registered owner of a lot or parcel in fee simple, or an agent authorized in writing by the owner, and includes:

a) the tenant for life under a registered life estate; b) the registered holder of the last registered agreement for sale; and c) the holder or occupier of land held in the manner as referenced the Local Government Act, Land Title Act or Strata Property Act.

"Owner/Consulting Engineer Confirmation" means a confirmation letter from the Owner and the Consulting Engineer, in the form prescribed by the Town.

“Panhandle Lot” means any lot that has less than 10% of its perimeter adjoining a highway and gains access to said highway by means of a narrow strip of land, or access strip, which is an integral part of the lot.

"Preliminary Layout Review" means such drawings, plans, information and documents as the Approving Officer requires, and in such form as is required by the Approving Officer, to determine, on a preliminary basis:

a) whether the proposed Subdivision would be against the public interest or otherwise unsuitable for Subdivision; and b) if not against the public interest or otherwise unsuitable for Subdivision, what the Owner must include in the Application for Development.

"Preliminary Layout Review Letter" means a letter from the Approving Officer to the Owner advising of the Approving Officer’s response to Preliminary Layout Review information provided by the Owner, generally outlining the conditions required to be considered for Final Approval, subject to reasonable conditions and provisos.

”Record Drawings" means drawings prepared by and certified by the Consulting Engineer, and verified by the Town, that record the location, properties and details of all Works and Services as they were built. The drawings should be stamped to verify the “As-Constructed” drawings.

“Roadway” means the portion of a highway that is constructed, improved, designed or used for vehicular traffic or bicycle traffic or both.

"Roadway Construction Permit" means a permit issued by the Town in connection with an application by an Owner to Construct Works and Services on, in or under a Highway or Town lands, or to encroach upon a Highway or Town lands in constructing Works and Services on the Owner’s lands.

"Security" means cash or a clean, unconditional, irrevocable and automatically renewing letter of credit drawn on a chartered bank or credit union, on terms satisfactory to the Town.

"Servicing Agreement" means an agreement between the Owner and the Town made pursuant to Section 219 of the Land Title Act, in substantially the form as prescribed and provided by the Town.

“Subdivision” is as defined in the Local Government Act. For convenience the current definition is: (a) a subdivision as defined in the Land Title Act, and (b) a subdivision under the Strata Property Act;

"Substantial Performance" means the stage of completion of all of the Works and Services when the Works and Services are ready to be used for their intended purpose, as certified by the Consulting Engineer and verified by the Town.

"Total Completion" means when all Works and Services, including all incomplete, defective or deficient Works and Services that were apparent when the Certificate of Substantial Performance was issued have been completed or corrected, as certified by the Consulting Engineer and verified by the Town.

”Town” means the Town of View Royal.

“Works and Services Agreement” means a written agreement in a form prescribed by the Town that describes the terms and conditions agreed upon between the Town and the Owner relative to provision of Works and Services associated with a Subdivision or Development.

"Works and Services" includes site grading, Highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting, wiring, water distribution systems, fire hydrants, sewage collection and disposal systems, drainage collection and disposal systems, engineering, record drawings and such other infrastructure or systems as may be provided within the Town from time to time.

"Zoning Bylaw" means Town of View Royal Zoning Bylaw 2014, No. 894, as amended or replaced from time to time.

2.2 Requirements Supplementary

The requirements of this Bylaw are supplementary to the requirements of any other Town bylaw.

2.3 Amendments or Replacements

A reference to any bylaw, legislation or documents includes any amendments or replacements that may be made from time to time.

2.4 Definitions from Legislation or MMCD

Unless otherwise defined in this Bylaw, any word or expression has the meaning assigned to it in the Land Title Act, Local Government Act, Community Charter, Strata Property Act or in the MMCD.

2.5 Designates

Words directing or empowering any officer of the Town to do any act or thing, or otherwise referencing the officer by the officer’s official title include that person’s successors in office, the officer’s lawful deputy and such person as the Council may by bylaw or resolution designate to act in the officer’s place.

2.6 Standards of Measure

Any equivalent imperial units of measure shown, in parenthesis, after metric units are for information purposes only and do not form part of this Bylaw.

2.7 Bylaw Schedules

The following schedules are attached to and form part of this Bylaw:

• Schedule A – Level of Service Map (Roads)
• Schedule B – Supplementary Design Guidelines
• Schedule C – Supplementary Construction Specifications
• Schedule D – Supplementary Detail Drawings
• Schedule E – Approved Products List

2.8 Master Municipal Construction Document (MMCD)

All Works and Services must be designed and constructed in accordance with MMCD, which forms part of this Bylaw, unless specifically modified by the following:

• Schedule B – Supplementary Design Guidelines
• Schedule C – Supplementary Construction Specifications
• Schedule D – Supplementary Detail Drawings.

PART 3 MINIMUM HIGHWAY FRONTAGE

3.1

Council delegates to the Approving Officer the power to exempt a Lot, other than a panhandle Lot, from the minimum Frontage requirement under the Local Government Act.

PART 4 CONNECTION TO COMMUNITY SYSTEMS

4.1 Connection to the Community Water System

All water distribution or fire hydrant systems provided in accordance with this Bylaw must be connected to the Community Water System.

4.2 Connection to the Community Sewer System

All sanitary sewage collection systems provided in accordance with this Bylaw must be connected to the Community Sewer System.

4.3 Connection to the Community Drainage System

All drainage collection systems provided in accordance with this Bylaw must be connected to the Community Drainage System.

PART 5 SERVICING REQUIREMENTS FOR SUBDIVISIONS AND DEVELOPMENTS

5.1

Prior to Final Approval or issuance of a Building Permit, the Subdivision or Development must be provided with Works and Services within the Subdivision, and in connection with the Subdivision, and/or the Lot being developed as prescribed in this Bylaw.

5.2

Prior to Final Approval or issuance of a Building Permit, the Subdivision or Development must be provided with Off-Site Works and Services as determined by the Director of Engineering.

5.3

The Director of Engineering is hereby delegated the authority to:

a) Determine what Off-Site Works and Services are directly attributable to subdivision or development and are accordingly required in any particular case; b) Determine what Excess or Extended Services are required in connection with a Subdivision or Development; c) Determine whether the cost of those Excess or Extended Services are excessive such that the municipality cannot pay for those costs; d) Identify the Benefiting Lands in relation to Excess or Extended Services; e) Determine what proportion of the costs associated with the Excess or Extended Services is associated with each benefiting property; and f) Enter into a Works and Services Agreement in a form generally consistent with the circumstances and in accordance with good engineering practices, Town policies and this Bylaw.

5.4

The Director is not required to undertake such determinations as listed in Section 5.3, and may refer any application that requires Excess or Extended Services to Council.

5.5

All Works and Services required as per Section 5.1, Section 5.2 and Section 5.3 must be provided to the standards prescribed in MMCD or the Schedules of this Bylaw, as determined by this Bylaw.

5.6

Despite Section 5.1 and Section 5.2, the Owner may obtain Final Approval or a Building Permit prior to the provision of on-site and Off-Site Works and Services if the Owner has provided Security in accordance with this Bylaw, and has entered into a Works and Services Agreement with the Town.

5.7 Exemptions

Despite Section 5.1 and Section 5.2, the Works and Services requirements of this Bylaw do not apply to a Subdivision which creates only:

a) a Highway dedication; b) park land; c) a Lot for the installation of public utilities and related structures equipment; or d) a consolidation or a lot line adjustment, in which the number of buildable lots is not increased.

PART 6 FEES AND SECURITY

6.1 Fees and Payment of Charges

The Owner must pay all applicable fees and charges prior to Final Approval, issuance of a Preliminary Layout Review Letter, issuance of a Road Construction Permit, or issuance of Building Permit, as the case may be.

6.2 Development Inspection Fees

The Owner must pay all engineering and legal fees as well as outside consulting costs incurred by the Town relating to the subdivision and servicing of the land, including detailed review and approval of the Design Drawings, monitoring the installation of the Works and Services, and the costs of connecting the Works and Services to the Town’s existing infrastructure.

The Town shall have the right to appoint its own inspectors to inspect the Owner's works from time to time and the Owner shall pay to the Town, in the form of cash or certified cheque, an inspection fee in an amount equal to:

(a) four percent (4%) of the estimated cost of installation of the required works and services where the said installation cost is estimated to be no greater than $200,000; or (b) three percent (3%) of the estimated cost of installation of the required works and services where the said installation cost is estimated to be greater than $200,000. but less than $450,000.; or (c) two percent (2%) of the estimated cost of installation of the required works and services where the said installation cost is equal to or greater than $450,000.

Any inspection carried out by the Town shall in no way relieve the Owner of any obligations or responsibility whatsoever in connection with the installation of the works.

6.3 Works and Services Security

a) The Owner must pay to the Town a Security in an amount equal to one hundred and twenty percent (120%) of the Estimated Cost of Works and Services required for the proposed Subdivision or Development to meet the requirements of this Bylaw in order to be granted Final approval or issuance of a Building Permit prior to the provision of Works and Services. b) The Owner is responsible for the actual cost of the Works and Services regardless of the adequacy of the Security deposited with the Town. c) Following Substantial Performance of the Works and Services, the Town will reduce the amount of Security to a total of 10% of the Estimated Cost of Works and Services plus 120% of the remaining deficiencies as determined by the Director of Engineering.

6.4 Maintenance Security

a) Following Total Completion of the Works and Services, the Town will hold Security for the maintenance of the Works and Services, in the amount of 10% of the Estimated Cost of Works and Services. b) The Security will be held by the Town for the duration of the Maintenance Period as provided for in this Bylaw.

6.5 Owner Responsibility and Remedy

a) All Works and Services required to be constructed or provided pursuant to the provisions of this Bylaw remain the sole responsibility of the Owner until a Certificate of Final Acceptance has been issued by the Town. b) The Owner must maintain the works and repair or replace any defective works during the Maintenance Period. c) Should the Owner fail to maintain, repair or replace said works, the Town may undertake such maintenance, repairs or replacement using the Security.

PART 7 GENERAL PROVISIONS

7.1 Compliance

No lot may be Subdivided or Developed, unless the Subdivision or Development conforms to the provisions set out in this Bylaw and other bylaws of the Town.

7.2 Cost of Services

All Works and Services required by this Bylaw must be constructed at the expense of the Owner.

7.3 Consulting Engineer

a) The Owner must, at its expense, retain a Consulting Engineer to design, inspect, test and certify all Works and Services. b) The Consulting Engineer is responsible for the design of the respective works and must, upon satisfactory completion of the Works and Services, provide the Town with their written certification that they were, in fact, designed and constructed in accordance with this Bylaw and the submitted Record Drawings. c) Upon request by the Director of Engineering, the Consulting Engineer must supply copies of all inspection reports to the Town.

7.4 Rights-of-Way and Easements

a) Works and Services constructed and installed under this Bylaw must be located within dedicated highways or within statutory rights-of-way granted by the Owner in favour of the Town or other agencies having jurisdiction. b) Where the Owner is required to grant rights-of-way to the Town, the Owner must register the rights-of-way in the Land Title Office. The terms of the rights-of-way documentation are subject to Approving Officer consent prior to registration. c) Upon registration of the rights-of-way and before release of any maintenance Security being held by the Town, the Owner must submit a copy of the registered rights-of-way plan and agreement to the Town. d) All costs pertaining to the acquisition, surveying and registration of all rights-of-ways are at the expense of the Owner.

7.5 Transfer of Ownership

Works and Services constructed and installed under this Bylaw become the property of the Town or the agency having jurisdiction, subject to no encumbrances, on issuance of the Certificate of Final Acceptance.

7.6 Record Drawings

The Owner must submit Record Drawings following the completion of the Works and Services and prior to issuance of a Certificate of Final Acceptance.

If the Owner wishes to receive Final Approval prior to submission of required Record Drawings, tests results, service cards, inspection reports, video reports, maintenance and operations manuals, and professional certifications, such approval may be granted at the sole discretion of the Director of Engineering, subject to a deficiency holdback in an amount set by the Director of Engineering pursuant to this Bylaw.

PART 8 ENFORCEMENT

8.1

The Approving Officer, Director of Engineering, Building Inspector, or designate, are authorized to enter at all reasonable times upon the lands for which an Application for Development has been made, for the purpose of administering or enforcing this Bylaw. No person may prevent or obstruct any such official from the carrying out of these duties under this Bylaw.

8.2 Violation

a) No person shall contravene this Bylaw or suffer or permit any act or thing to be done in contravention of this Bylaw. b) It is an offence for any person to cause, suffer, or permit the development or subdivision of land in contravention of this Bylaw or otherwise to contravene or fail to comply with this Bylaw. c) It is an offence for any person to prevent or obstruct, or attempt to prevent or obstruct the authorized entry of the Approving Officer or other appointed employee, authorized under this Bylaw.

8.3 Stop Work Order

The Approving Officer, Director of Engineering or the Building Inspector may order:

a) a person who contravenes this Bylaw to comply with the Bylaw within a time limit specified in the order; b) a person to stop construction on the work, or any part thereof, if such work is proceeding in contravention of this Bylaw.

8.4 Penalties

a) Every person who violates a provision of this Bylaw commits an offence and is liable upon summary conviction to a penalty of not less than $500.00 and not exceeding ten thousand dollars ($10,000) and costs of prosecution. b) Every day of violation constitutes a separate offense.

PART 9 EFFECTIVE DATE

9.1

This Bylaw comes into force and takes effect upon the final reading and adoption thereof.

READ A FIRST TIME this __________ DAY OF __________, 2017.

READ A SECOND TIME this _______ DAY OF ____________, 2017.

READ A THIRD TIME this _______ DAY OF ____________, 2017.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL this ______ DAY OF ______________, 2017.

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MAYOR

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CORPORATE OFFICER