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Central Saanich
Bylaw No. 2181, 2024
Subdivision and Development Servicing
Subdivision and Development Servicing Bylaw 2181
2
SUBDIVISION AND DEVELOPMENT SERVICING BYLAW 2181, 2024
1.
AUTHORITY
Section 506 of Local Government Act authorizes a local government to require the provision of
works and services, including:
1.
To establish the minimum standards for the dimensions, locations, alignment and
gradient of highways,
2.
To require highways, sidewalks, boulevards, boulevard crossings, transit bays, street
lighting or underground wiring be provided, located and constructed in accordance
with the established standards,
3.
To require a water distribution system, a fire hydrant system, a sewage collection
system, a sewage disposal system, a drainage collection system or a drainage disposal
system be provided, located and constructed in accordance with the established
standards,
4.
That the works and services can be required on that portion of a highway immediately
adjacent to the site being subdivided or developed, up to the centre line of the
highway,
5.
The works and services required do not include specific services included as part of
development cost charges, and
6.
That the works and services may be required as a condition of approval of a subdivision
or the issuance of a building permit.
2 PROHIBITION
No person shall subdivide or develop land in the Municipality contrary to the provisions of this
bylaw.
3 PRELIMINARY LAYOUT CONSIDERATION
1
An applicant for subdivision approval may, before preparing a plan of subdivision to be
submitted for approval request the Approving Officer to give preliminary consideration
to and comment on a proposed subdivision layout.
2
An application for a preliminary layout consideration shall be accompanied by sketch
plans of the proposal, sufficient information to enable the Approving Officer to
determine whether or not the proposed subdivision will meet the requirements of this
bylaw and any other enactment, and a fee as established in the Fees and Charges Bylaw.
3
An applicant shall, when directed to do so by the Approving Officer, post on the lot that
is subject to the application, in a location specified by the Approving Officer, a sign
provided by the Municipality, and shall pay to the Municipality the prescribed fee.
4
Preliminary comments on any proposed subdivision shall not be considered as
acceptance by the Municipality or its Approving Officer of anything except the general
Subdivision and Development Servicing Bylaw 2181
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layout of the proposed subdivision, and a statement of minimum conditions which
would apply should an application for subdivision be made. Preliminary comments on
any proposed subdivision shall not be construed as approval of the proposed subdivision
for Land Title Office registration or any other purpose.
5
Preliminary comments on any proposed subdivision may be amended or added to at any
time by the Approving Officer.
4 APPLICATION FOR SUBDIVISION APPROVAL AND FEE
1
Application for subdivision approval shall be submitted on the form prescribed for that
purpose from time to time by the Approving Officer.
2
An applicant for subdivision approval must state on the application the use to which the
applicant intends to put the land following its subdivision.
3
An applicant for subdivision approval shall submit with the application for approval an
application fee, plus an administrative fee in the amount established in the Fees and
Charges Bylaw.
5 LOT AREA REGULATIONS
1
No land shall be subdivided having a lot frontage or lot area less than the minimum
prescribed in the Zoning Bylaw or in this bylaw.
2
Despite 5.1 above, the Approving Officer may approve a plan of subdivision which
creates a parcel or parcels which do not comply with the minimum lot area or lot
frontage requirements where a lot is subdivided to accommodate municipal, public, or
public utility use, other than offices, storage, or works yard.
3
The minimum area of a parcel in a Rural Estate zone that may be subdivided to provide
a residence for a relative pursuant to Section 514 of the Local Government Act is 8.0
hectares.
4
Where a parcel of land is proposed for subdivision or development as a panhandle lot,
the calculation of the lot area shall not include the area of the access strip, unless the
width of the panhandle access meets or exceeds the lot frontage requirement.
5
Where land is in an Agricultural zone and in the Agricultural Land Reserve, the
minimum lot area of 4.0 hectares shall apply when the land is:
(1)
excluded from the ALR; or
(2)
approved for subdivision within the ALR pursuant to the Agricultural Land
Commission Act, Regulations thereto, or Orders of the Commission; or
(3)
exempted by the Agricultural Land Commission Act, Regulations thereto, or
Orders of the Commission.
6
Despite any minimum or average lot size requirement specified under the provisions of
Subdivision and Development Servicing Bylaw 2181
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a Residential zone in the Zoning Bylaw, the minimum lot size requirements for any
property that is not serviced by municipal sanitary sewer is 2.0 ha.
6 LOT DIMENSIONS, CONFIGURATION, AND ACCESS
1
Where the lot frontage of a proposed residential lot entirely abuts the turnaround
portion of a cul-de-sac, the lot frontage may be reduced to 10 m subject to the lot width
meeting or exceeding the minimum lot frontage requirement. This provision does not
apply to panhandle lots.
2.
Except for those provided in respect of Residential Single Family and Residential Two
Family uses, off-street parking areas shall be:
i.
accessed by a driveway from the public road system no less than 3.5 m wide
where used for one-way traffic and no less than 6.0 m wide where used for two-
way vehicular traffic; and,
ii.
arranged so as not to require the backing out of vehicles onto a public road.
3.
Off-street parking areas for Residential Single Family, Residential Two Family, and
Accessory Dwelling Unit uses shall be accessed by no more than two driveways from a
public road with a maximum total combined driveway crossing width at property line of
7m, except for a corner lot which may be accessed by no more than one driveway from
each of the fronting and flanking streets, with maximum driveway crossing widths at
property line of 7m and 3m, respectively.
4
The minimum lot frontage and width of an access strip serving a panhandle lot is 6.0 m,
except that where the access strip is straight, 45 m or less in length, and has clear site
lines from end to end, the lot frontage and width may be reduced to 4.5 m.
5
Despite Subsection 6.4 above, where an access strip is not straight but is 45 m or less in
length, the Approving Officer may accept a reduced lot frontage and width, subject to it
being demonstrated that the site lines and vehicle clearances meet or exceed
engineering standards that would serve a handi-dart bus and ambulance.
6
Despite Subsection 6.4 above, the lot frontage and width of an access strip may be
reduced to 3.5 m where two adjacent panhandle lots have abutting access strips and a
reciprocal access agreement is registered on title, which shall include the District as a
party for the sole purpose of ensuring the agreement is not modified or discharged
without the approval of the District.
7
The lot width of any proposed panhandle lot shall meet or exceed the lot frontage
requirement for a standard lot in the same zone.
8
The creation of any new lot lying within two or more zones is prohibited.
9
The creation of any new hooked lot, or a lot divided into two or more portions by a
highway or other legal parcel is prohibited.
Subdivision and Development Servicing Bylaw 2181
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10
Every new fee simple lot created must be provided with highway access, or for bare land
strata lots, access to a highway by way of a bare land access route.
7 HIGHWAY DIMENSIONS, LOCATIONS, ALIGNMENT AND GRADIENT
A highway proposed to be dedicated shall not be dedicated, laid out or constructed unless the
dimensions, location, alignment and gradient meet the requirements for highways prescribed in
the Works and Services General Provisions (Schedule 1).
8 COST OF WORKS AND SERVICES
The works and services required by this bylaw shall be provided, located and constructed at the
expense of the owner of the land proposed to be subdivided or developed.
9 WORKS AND SERVICES STANDARDS
1
All works and services required in this bylaw shall be provided, located and constructed
in accordance with the applicable standards prescribed in the Works and Services
General Provisions (Schedule 1).
2
The works and services outlined in Table 1 in respect of the applicable zoning
classifications shall be provided in all subdivisions and developments of land in each
zoning classification specified, and in the interpretation of the Table a 'major highway'
is a major municipal route or arterial highway as shown on the Road Network Plan
attached as a Schedule to the Official Community Plan. Where a new Comprehensive
Development or other zone is proposed that does not fall into a zoning classification
identified in the Zoning Bylaw, the zone classification will be determined by the
predominant land use and applicable Land Use Designation in the Official Community
Plan.
3
Despite Subsection 9.2, the Approving Officer may approve a boundary adjustment
subdivision without requiring the works and services outlined in this bylaw provided
that there would no increase in the density or intensity of use beyond what was
permitted before the boundary adjustment.
4
Despite Subsection 9.3, if an application for subdivision is received within 5 years of a
boundary adjustment subdivision to which the exemption under 9.2 was applied, the
works and services outlined in this Section shall apply to all lots which were subject of
the boundary adjustment subdivision.
5
Where the municipality operates a community water or sewer system, or a drainage
collection or disposal system, the water distribution, fire hydrant, sewage collection and
drainage collection systems, where provided in the subdivision or development, shall be
connected by mains to the system of the Municipality in accordance with the standards
prescribed in the Works and Services General Provisions (Schedule 2).
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TABLE 1: REQUIRED WORKS AND SERVICES
Zoning Classification
Works/Services to be Provided
Agriculture and Rural Estate Zones
Paved streets, storm water ditches.
On major highways only: curbs, gutters and catch basins,
sidewalks and street lighting.
Proven Supply of Potable Water.
Underground wiring for lots in the RE-6 zone only
Commercial and Institutional Zones
Includes CD-2, CD-3,, CD-4, CD-5, CD-8
and CD-9 zones
Paved streets with curbs, gutters, catch basins, street lights,
storm drains, water mains, fire hydrants, sanitary sewers.
Sidewalks on major highways.
Underground wiring.
Street and Traffic signs.
Industrial Zones
Includes the CD-1 zone
Paved streets with curbs, gutters, catch basins, streetlights,
storm drains, water mains, fire hydrants, sanitary sewers.
Sidewalks on major highways.
Underground wiring.
Street and Traffic signs.
Residential Zones
Paved streets with curbs, gutters and catch basins, street
lighting, water main, fire hydrants, storm drains, sanitary
sewers.
Sidewalks only on major highways.
Underground wiring where the existing service must be
extended to serve the subdivision.
Street and Traffic signs.
6
Notwithstanding the provisions of Subsection 9.5, where the community water system is
not available to service the subdivision, each lot to be created by the subdivision shall
have a proven supply of potable water that meets or exceeds the Guidelines for
Canadian Drinking Water Quality in the amount of 2000 litres per day. Written
certification from a professional Engineer or Hydrogeologist shall be provided
confirming the water quality and that any proposed groundwater extraction would not
adversely affect the water quality or quantity for any groundwater wells that may be
impacted as determined by the professional.
7
If the written certification required in Subsection 9.6 cannot be provided, the Approving
Officer may nonetheless approve a subdivision under the following:
(1)
The Professional Engineer or Hydrogeologist has identified treatment options
that, if provided as part of development of the land, would result in a water
supply meeting water quality standards,
(2)
The Professional Engineer of Hydrogeologist has identified storage options that,
if provided as part of development of the land, would result in a water capacity
meeting the minimum requirements for domestic and firefighting purposes, and
(3)
The applicant agrees to register a covenant on title restricting development of
the lands unless specified steps are taken to ensure the proposed subdivision
would be provided with potable water meeting the minimum water quantity
and quality requirements.
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8
Notwithstanding Subsections 9.1 and 9.2, road works and services on that portion of
West Saanich Road lying between the southerly limit of the right of way of Wallace Drive
and the north-westerly corner of the parcel having a civic address of 1230 Verdier
Avenue on the east side of West Saanich Road and the northerly limit of the parcel
having a civic address of 7226 West Saanich Road on the west side of West Saanich
Road, shall be provided, located and constructed in accordance with Schedule 2 in cases
where Schedule 2 provides specifications or standards that are in addition to or
different from those in Table 1 or Schedule 1.
9
Notwithstanding Subections 9.1 and 9.2, road works and services shall be provided,
located and constructed in accordance with Schedule 3 in cases where Schedule 3
provides specifications or standards that are in addition to or different from those in
Table 1 or Schedule 1:
(1)
on the internal public roads and lanes to be constructed and dedicated during
the subdivision and development of those parcels having a civic address of 7874
and 7940 Lochside Drive (the former Marigold Nursery lands).
10
Unless otherwise serviced by municipal sanitary sewer or community sewage system,
each lot proposed to be created by subdivision or developed must be demonstrated by
the applicant to contain an area or areas of sufficient size and appropriate
characteristics to satisfy the requirements of the Sewage Disposal Regulation under the
Health Act for conventional septic tank or package treatment plant systems for the
intended use of the lot.
10 SECURITY
A security to be deposited under Section 509 of the Local Government Act shall be in cash,
certified cheque, or an irrevocable letter of credit. The security shall be in the amount of 125
percent of the cost of engineering, construction, and installation of the works and services
required to be installed as estimated by the Municipal Engineer.
11 CONNECTION OF WORKS AND SERVICES
1
Where an owner of land proposed to be subdivided or developed constructs the works
and services required by this bylaw to serve a proposed subdivision or development the
owner shall not connect such works or services to any of the sewage, drainage, electrical
or water works of the Municipality and the Municipality shall not accept the works
constructed and installed by the owner or any part thereof, until
(1)
the Municipal Engineer has accepted the works and services;
(2)
the proposed subdivision or development has been approved by the Approving
Officer or the Building Inspector, as the case may be;
(3)
the owner has deposited with the Municipal Engineer "as built" drawings of
such works and services prepared and sealed by a Professional Engineer; and,
(4)
the owner has deposited the approved subdivision plan in the Land Title Office
and has registered in the Land Title Office statutory rights-of-way in favor of the
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Municipality in respect of all works and services on private property, in a form
satisfactory to the Municipal Engineer.
12 OWNERSHIP OF WORKS AND SERVICES
All works and services constructed under this bylaw shall upon their acceptance by the
Municipality become vested in the Municipality, free and clear of all encumbrances.
13 WORKS AND SERVICES REQUIRED ADJACENT TO A SUBDIVISION OR DEVELOPMENT
1
An owner of land who applies for subdivision approval or the issue of a building permit
shall be required to provide the works and services that are required to be provided
under Section 9 of this bylaw up to the centre line of any highway immediately adjacent
to the land being subdivided or developed as a condition of approval.
2
The rate of interest applied to latecomer charges in respect of excess or extended works
and services shall be the prime rate of the Canadian Imperial Bank of Commerce on the
date of completion of the works or services, plus one percent.
3
If in the opinion of the Municipal Engineer the installation of works and services in
accordance with this bylaw in respect of the subdivision or development of a particular
site would not be in accordance with sound civil engineering principles because such
works and services are best installed on an area-wide basis, the Municipal Engineer may
require the owner to make a cash payment to the Municipality in the amount
reasonably estimated by the Municipal Engineer as the cost of design, construction and
installation of the works and services, in lieu of designing, constructing and installing
them. The Municipality shall hold such payments in reserve to be expended on the
design, construction and installation of the works and services on an area-wide basis at
such time as may reasonably be determined by the Municipal Engineer.
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SCHEDULES
1 ENGINEERING SPECIFICATIONS AND STANDARD DRAWINGS - WORKS AND SERVICES -
GENERAL PROVISIONS -- SCHEDULE TO SUBDIVISION AND DEVELOPMENT SERVICING
BYLAW No. 2181
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2 ENGINEERING SPECIFICATIONS AND STANDARD DRAWINGS - BRENTWOOD BAY ROAD
WORKS -- SCHEDULE TO SUBDIVISION AND DEVELOPMENT SERVICING BYLAW No. 2181
Subdivision and Development Servicing Bylaw 2181
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3 ENGINEERING SPECIFICATIONS AND STANDARD DRAWINGS - MARIGOLD LANDS (CD-9
ZONE) -- SCHEDULE TO SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 2181
4
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Subdivision and Development Servicing Bylaw 2181
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