Subdivision and Development Control Bylaw No. 4-35, 2026
Kamloops, British Columbia
· adopted 2026-03-10
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CITY OF KAMLOOPS
BYLAW NO. 4-35
SUBDIVISION AND DEVELOPMENT CONTROL BYLAW
The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows:
DIVISION ONE - TITLE
1.1
This bylaw may be cited as "Subdivision and Development Control Bylaw
No. 4-35, 2026".
1.2
Subdivision and Development Control Bylaw No. 4-33, together with all amendments
thereto, is hereby repealed.
DIVISION TWO - TABLE OF CONTENTS
2.1
This bylaw is divided into the following divisions:
DIVISION ONE - TITLE .................................................................................................. 1
DIVISION TWO - TABLE OF CONTENTS ..................................................................... 1
DIVISION THREE - INTERPRETATION ........................................................................ 2
DIVISION FOUR - DEFINITIONS ................................................................................... 2
DIVISION FIVE - APPLICATION ................................................................................... 6
DIVISION SIX - FEES/CHARGES/PROPERTY TAXES .................................................. 8
DIVISION SEVEN - GENERAL REGULATIONS AND CONDITIONS ............................ 8
DIVISION EIGHT - ADDITIONAL SERVICES ................................................................12
DIVISION NINE - APPLICATION FOR PRELIMINARY LAYOUT APPROVAL ..............13
DIVISION TEN - APPLICATION FOR DESIGN APPROVAL ........................................15
DIVISION ELEVEN - APPLICATION FOR FINAL SUBDIVISION APPROVAL .............17
DIVISION TWELVE - OFFENCES AND PENALTIES ....................................................21
DIVISION THIRTEEN - SCHEDULES ............................................................................22
Schedule "A" Standards for Design of Subdivision Parcels and On-Site Access .23
Schedule "B" Design Criteria Manual ........................................................................25
Schedule "C" Servicing Requirements .................................................................... 174
Schedule "D" Street/Walkway/Bicycle Path Design and Construction Requirements
.................................................................................................................................... 179
Schedule "E" Utility Design and Construction Requirements ................................ 182
Schedule "F" Residential Development Groundwater Supply Requirements ...... 184
Schedule "G" Geotechnical Report Requirements .................................................. 190
Schedule "H" Requirements for Conversion of Existing ....................................... 191
Schedule "I" Requirements for Strata Title Conversion of Previously Occupied
Buildings .................................................................................................................... 194
Schedule "J" Requirements for Protection of Public Open Space and Parkland 197
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PAGE 2
DIVISION THREE - INTERPRETATION
3.1
If any provision of this bylaw is held to be invalid by a court of competent jurisdiction, the
provision may be severed from the bylaw and such invalidity shall not affect the validity
of the remaining portions of this bylaw.
3.2
Words or phrases defined in British Columbia's Interpretation Act, Community Charter,
or Local Government Act or any successor legislation shall have the same meaning
when used in this bylaw unless otherwise defined in this bylaw.
3.3
Unless otherwise stated, and notwithstanding the case used (upper case or lower case),
when words or phrases that are defined in Division Two of this bylaw are used in the
body or schedules of this bylaw, they have the meaning ascribed to them as set out in
Division Two.
3.4
The headings contained in this bylaw are for convenience only and are not to be
construed as defining or in any way limiting the scope or the intent of the provisions of
this bylaw.
3.5
Metric units are used for all measurements in this bylaw.
3.6
Any act or enactment referred to herein is a reference to an enactment of the Province of
British Columbia and regulations thereto, as amended, revised, consolidated, or
replaced from time to time, and any bylaw or Council policy referred to herein (as may
be cited by short title or otherwise) is a reference to an enactment of the Council of the
City of Kamloops, as amended, revised, consolidated, or replaced from time to time.
3.7
Where a covenant is granted by an Applicant in accordance with any provision of this
bylaw, such covenant shall be a registerable covenant pursuant to section 219 of the
Land Title Act, must be in a form and content acceptable to the Approving Officer or
DES Director, as the circumstances require, and such covenant must, at no cost to the
City, be registered at the Land Title and Survey Authority in favour of the City against
title of the lands being subdivided or developed in priority to any financial liens, charges
or encumbrances.
3.8
Where a statutory right-of-way is granted by an Applicant in accordance with any
provision of this bylaw, such statutory right-of-way shall be a registerable statutory right-
of-way pursuant to section 218 of the Land Title Act, must, at no cost to the City, be in a
form and content acceptable to the Approving Officer or DES Director, as the
circumstances require, and such statutory right-of-way must be registered at the Land
Title and Survey Authority in favour of the City against title of the lands being subdivided
or developed in priority to any financial liens, charges or encumbrances.
DIVISION FOUR - DEFINITIONS
4.1
In this bylaw, unless the context requires otherwise:
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PAGE 3
"APPLICANT" means a person who is applying for approval of a proposed
subdivision or issuance of a building permit whether as the owner or as the certified
agent for the owner of the land that is the subject of the application.
"APPROVING OFFICER" means the officer duly appointed by Council in accordance
with the Land Title Act to administer this bylaw for the purpose of approving plans of
subdivision.
"BOULEVARD" means that portion of a street between the curb lines or the lateral
lines of a roadway and the adjoining property or between curbs on medians, but
does not include any curbs, sidewalks, ditches, or driveways.
"BUILDING OFFICIAL" means the person designated in or appointed to that position
by the City and other such person or persons as they may designate from time to
time as their assistants.
"CITY" means the City of Kamloops.
"CITY ENGINEER" means the Professional Engineer authorized by the
Development, Engineering, and Sustainability Director.
"CITY SPECIFICATIONS" means collectively the standards and specifications set out
in the Design Criteria Manual, the Master Municipal Construction Documents
(MMCD), All City of Kamloops MMCD Amendments, Approved Products List,
Standard Detail Drawings, the City of Kamloops Standard survey requirements, and
the City of Kamloops Transportation Impact Assessment Guidelines, all as replaced
or as amended by the City of Kamloops from time to time.
"CIVIC OPERATIONS DIRECTOR" means the person appointed as such from time
to time by the City of Kamloops and any person delegated to assist in carrying out
their duties under this bylaw.
"COUNCIL" means the municipal council of the City of Kamloops.
"CUL-DE-SAC" means a street with only one point of intersection with another and
that, therefore, terminates in a vehicular turning area.
"DESIGN APPROVAL" means certification by the Development, Engineering, and
Sustainability Director that the engineering drawings submitted for all works and
services required for a development to be carried out are approved and that the plan
of subdivision related to the Design Approval appears to be approvable for deposit
with the Land Title and Survey Authority or that the building permits submitted for
approval in accordance with the City's Building Bylaw would be approvable upon
compliance with the requirements of this bylaw regarding the carrying out of works
and services as detailed in the aforementioned engineering drawings.
"DESIGN CRITERIA MANUAL" means the manual attached to and forming part of
this bylaw as Schedule "B", which provides criteria for Design Engineers and the
development community in the design of engineering facilities, systems, and works
and services in the City of Kamloops.
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"DESIGN ENGINEER" means a Professional Engineer, singularly or jointly with a
Geotechnical Engineer, that is currently practicing in an appropriate engineering
discipline with respect to the type of engineering work undertaken and whom is
responsible for the preparation of proposals, reports, associated documents, design
submissions, and detailed engineering designs and drawings and for the execution
and the implementation of such designs for works and services to be constructed in
conjunction with subdivision and development in the City.
"DEVELOPMENT, ENGINEERING, AND SUSTAINABILITY DIRECTOR" or "DES
Director" means the person appointed as such from time to time by the City of
Kamloops and any person delegated to assist in carrying out their duties under this
bylaw.
"EARTHWORK" means the excavation, movement, removal, or deposit of soils on a
given parcel or parcels of land as it pertains to this bylaw, the City's Building Bylaw
or the City's Earthwork Control Bylaw.
"FINAL SUBDIVISION APPROVAL" means approval by the Approving Officer of all
works and services required by this bylaw to be carried out in the subdivision of land
and shall constitute approval for the deposit of the approved subdivision plan with
the Land Title and Survey Authority in accordance with the Land Title Act.
"FRONTAGE ROAD" means a highway that is adjacent to an arterial street or
controlled access highway and that provides access to abutting properties and
protects them from through traffic.
"GEOTECHNICAL ENGINEER" means a Professional Engineer, currently
practicing in and experienced in geotechnical engineering.
"LANE" means a highway less than or equal to ten (10) metres in right-of-way width,
intended primarily to furnish secondary access to parcels, but a lane is not a half
street.
"MMCD" means the latest edition of the Master Municipal Construction Documents.
"MEDICAL HEALTH OFFICER" means the Director of Health Protection, Interior
Health Authority, or their duly appointed or authorized representative.
"MUNICIPAL PLAN" means an expression of Council policy for any use or uses of
land or the overall pattern of subdivision of land, and it may be expressed in maps,
plans, reports, or any combination thereof.
"OFFICIAL COMMUNITY PLAN" means the Official Community Plan adopted by
Council, as replaced or amended from time to time.
"PANHANDLE LOT" means any parcel that gains road frontage through the use of
a narrow strip of land (hereinafter called the "access strip") that is an integral part of
the parcel but is not included when calculating the area or width of such parcel.
"PRELIMINARY LAYOUT APPROVAL" or "PLA" means conditional approval in
principle of the layout of a subdivision issued by the Approving Officer in which the
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PAGE 5
subdivision works and servicing requirements and other conditions of the Approving
Officer that must be met prior to Final Subdivision Approval will be set out as
accurately as is practicable.
"PRE-CONSTRUCTION MEETING" means a meeting between the Development,
Engineering, and Sustainability Director and an Applicant, its contractor or
contractors, Design Engineer/Geotechnical Engineer, and all agencies or utility
companies either directly or indirectly affected by the proposed development, which
meeting is held prior to the start of any works or services construction.
"PROFESSIONAL ENGINEER" means an individual who is registered with the
regulatory body (Engineers and Geoscientists British Columbia) as a professional
engineer and whose status is Registered - Practicing under the Professional
Governance Act.
"PROFESSIONAL GEOSCIENTIST" means an individual who is registered with the
regulatory body (Engineers and Geoscientists British Columbia) as a professional
geoscientist and whose status is Registered - Practicing under the Professional
Governance Act.
"SITE CONDITIONS" means those naturally occurring physical conditions that
influence a site and include but are not limited to: the nature and distribution of soil
and rock, the slope of the ground surface drainage patterns, groundwater
conditions, and vegetation cover.
"SITE WORK" means any work carried out on a given parcel or parcels of land and
includes earthwork, road construction, and utilities installation.
"SLIP" means the downward or lateral movement of slope-forming materials
composed of natural rock, soils, artificial fills, or combinations of those materials.
This movement may proceed by any one of these principal types of movement:
falling, sliding, or flowing, or by combinations of such movements.
"STATUTORY RIGHT-OF-WAY" means an easement, without a dominant
tenement, registerable pursuant to the Land Title Act.
"STREET" means a highway of greater than ten (10) metres in right-of-way width,
intended to give primary access to parcels of land or to provide a traffic way, but
does not include lanes, trails, or bridges.
"SUBDIVISION" means any change in the existing size, shape, number, or
arrangement of a registered parcel or parcels, whether involving the creation of a
greater number of parcels than existing and whether carried out by survey plan or
otherwise.
"SURVEYOR" means a land surveyor currently registered in good standing with the
Association of British Columbia Land Surveyors.
"TOPSOIL" means a surface horizon of soil that contains organic material and is
capable of supporting plant growth.
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"WORKS AND SERVICES" means the overall civil and geotechnical engineering
processes, servicing, and construction that are required by the City as condition(s)
of subdivision approval or issuance of building permits.
"ZONE" means the areas into which the City of Kamloops is divided in accordance
with the map or maps shown and attached to the City's Zoning Bylaw and for which
specific regulations are outlined for each area.
DIVISION FIVE - APPLICATION
General Application
5.1
Applicants and owners of property located in the City are required, as a condition of
subdivision approval or building permit issuance, to provide works and services in
accordance with this bylaw, inclusive of all bylaw schedules and referenced standards.
5.2
All works and services provided in accordance with this bylaw shall be designed and
constructed in accordance with City Specifications.
5.3
No person shall work, authorize, or allow site work to proceed, including road
construction of any nature, until an application for subdivision or building permit has
been issued or processed to the stage where Design Approval has been granted.
5.3.1 Permission to proceed with basic site grading Earthwork only may be authorized
prior to Design Approval upon application to the City's Development,
Engineering, and Sustainability Department for an earthwork permit in
accordance with the regulations set out in the City of Kamloops Earthwork
Control Bylaw.
5.4
No person shall amend any approved plan or plans or detailed engineering drawings
without first having obtained approval in writing from the Approving Officer in the case of
a subdivision application or the Development, Engineering, and Sustainability Director in
the case of a building permit application.
5.5
Every person shall comply with any order or notice issued pursuant to this bylaw.
Delegation
5.6
In accordance with its authority to delegate its powers pursuant to Section 154 of the
Community Charter, Council hereby delegates to the Approving Officer:
5.6.1 the power, where a parcel being created by a subdivision fronts on a highway, to
exempt such a parcel from the statutory ten (10%) percent minimum frontage
requirements pursuant to Subsection 512(3) of the Local Government Act;
(a)
Notwithstanding the Approving Officer's power to allow such an
exemption, any reductions to the City's Zoning Bylaw minimum frontage
requirements shall require a Development Variance Permit in accordance
with the City's Development Variance Permit Procedure Bylaw;
BYLAW NO. 4-35
PAGE 7
5.6.2 the power to require the provision of land for a new highway or widening existing
highway or to provide land for alternative forms of transportation in respect of
subdivisions in accordance with Section 513 and 513.1 of the Local Government
Act;
5.6.3 the powers and performance of duties under Section 242 of the Strata Property
Act with respect to the following types of previously occupied buildings:
(a)
residential buildings with up to six (6) dwelling units;
(b)
commercial buildings; and
(c)
industrial buildings.
5.7
In accordance with its authority to delegate its powers pursuant to Section 154 of the
Community Charter, Council hereby delegates to the Development, Engineering, and
Sustainability Director:
5.7.1 the power, under Subsection 510(2)(b) of the Local Government Act, where the
Official Community Plan contains policies and designations respecting the
location and type of future parks, to determine whether an owner must provide
land under Subsection 510(1)(a) of the Local Government Act or money under
Subsection 510(1)(b) of the Local Government Act; and
5.7.2 the power to require the provision of land for a new highway or widening existing
highway or to provide land for alternative forms of transportation in respect of
building permits in accordance with Section 513.2 and 513.3 of the Local
Government Act.
5.8
In accordance with its authority to delegate its powers pursuant to Section 154 of the
Community Charter, Council hereby delegates to the Approving Officer or the
Development, Engineering, and Sustainability Director the power to administer
requirements for on-site works, off-site works and excess or extended works and
services, as set out in Sections 506(1), 506.02, 506.03, 507, of the Local Government
Act;
5.9
Where the Development, Engineering, and Sustainability Director or the Approving
Officer exercises power in accordance with either Subsection 5.6.3 or 5.7.1 above, the
person that is subject to a decision made through exercise of that power is entitled to
have Council reconsider the matter, provided that:
5.9.1 The person who wishes to have Council reconsider the matter shall give written
notice of its request for reconsideration to the City's Corporate Officer and such
notice must include a description of the grounds upon which the request for
Council reconsideration is made;
5.9.2 Upon receipt of a written notice for reconsideration by the City's Corporate
Officer, the Corporate Officer shall schedule the time, date, and place for Council
to hear the reconsideration; and
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5.9.3 In reconsideration of a decision made by the Development, Engineering, and
Sustainability Director or the Approving Officer, Council may confirm, amend, or
set aside the decision as it may deem appropriate in the circumstances.
Inspection
5.10
The Development, Engineering, and Sustainability Director is hereby authorized to enter
at all reasonable times upon any real property to ascertain whether the regulations and
provisions contained in this bylaw are being or have been complied with.
5.11
It shall be unlawful for any person to prevent, obstruct, or seek to prevent or obstruct any
official from carrying out an official duty under this bylaw.
DIVISION SIX - FEES/CHARGES/PROPERTY TAXES
Fees
6.1
Fees for subdivision and building permit applications shall be levied as set out in the
City's Fees and Charges Bylaw No. 44-14.
Development Cost Charges
6.2
Development Cost Charges shall be levied as set out in the City's Development Cost
Charges Bylaw, as provided for in accordance with the Local Government Act.
Payment of Property Taxes
6.3
Every Applicant for approval of a subdivision shall pay municipal and related property
taxes, rates, and charges assessed and levied against the lands to be subdivided as
follows:
6.3.1 When a subdivision is granted final approval between January 1 and April 30, all
taxes, rates, and charges in arrears; and
6.3.2 When a subdivision is granted final approval between May 1 and December 31,
all taxes, rates, and charges in arrears and all taxes, rates, and charges
assessed for the current year.
DIVISION SEVEN - GENERAL REGULATIONS AND CONDITIONS
Building and Occupancy Permits
7.1
If an Applicant receives Final Subdivision Approval prior to completion of all works and
services required to be provided in accordance with this bylaw (in accordance with
approval per Section 11.5), the approval of building or occupancy permits within such
subdivision shall be contingent upon the works and services having reached a stage of
development acceptable to the Building Official in consultation with the Development,
Engineering, and Sustainability Director.
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Geotechnical/Hydrogeological Report and Covenant
7.2
Without limiting the authority of the Approving Officer in accordance with section 86 of
the Land Title Act or the City's authority under section 56 of the Community Charter, if, in
the opinion of the Approving Officer or the Building Official, the land is, or could
reasonably be expected to be, subject to flooding, erosion, land slip or avalanche, an
Applicant may be required to do one or both of the following:
7.2.1 Provide a geotechnical/hydrogeological report in accordance with the
requirements set out in Schedule "G", attached to and forming part of this bylaw;
and
7.2.2 Register a geotechnical/hydrogeological covenant as a condition of Final
Subdivision Approval or as a condition of building permit issuance.
Aberdeen Neighbourhood Development
7.3
Development in the Aberdeen neighbourhood shall be in accordance with the provisions
of the Aberdeen Slope Hazard Development Permit Area as identified in the Official
Community Plan
7.4
If in the opinion of the Approving Officer or the Development, Engineering, and
Sustainability Director geotechnical/hydrogeological engineering consultation in the
Aberdeen neighbourhood is necessary, it shall be provided in accordance with
Section 7.2 above.
Public Open Space and Parkland
7.5
Dedication of land for public open space or access to a natural body of water shall be
carried out in accordance with all applicable Provincial legislation.
7.6
All development adjacent to and protection of public open space and/or parkland shall
be carried out in accordance with the requirements set out in Schedule "J" attached to
and forming part of this bylaw.
Riverbank Stabilization
7.7
Prior to the approval of any subdivision of lands or issuance of building permits adjacent
to a river, creek, or stream, an Applicant shall obtain approval from all required
Provincial and Federal authorities as well as from the Development, Engineering, and
Sustainability Director for bank stabilization works.
7.8
The standards for bank stabilization shall be in accordance with good engineering
practice and the Development, Engineering, and Sustainability Director may require a
plan and specifications, certified by a Geotechnical Engineer, to be submitted together
with cost estimates and a geotechnical report in accordance with the requirements set
out in Schedule "G" attached to and forming part of this bylaw.
Conversion of Existing Two-Unit Dwellings
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7.9
Conversion of existing side-by-side two-unit dwellings (duplexes), with or without
residential suites, into individually titled, semi-detached lots shall be carried out in
accordance with the requirements set out in Schedule "H" attached to and forming part
of this bylaw.
Strata Title Conversion
7.10
Strata title conversion of previously occupied buildings shall be carried out in accordance
with the requirements set out in Schedule "I" attached to and forming part of this bylaw.
Additional Requirements
7.11
In addition to the works and services otherwise required to be provided in accordance
with this bylaw, the Approving Officer, as a condition for approving a subdivision, or the
Development, Engineering, and Sustainability Director, as a condition of building permit
approval, may require an Applicant to provide one or a number of the following works
and services where deemed necessary by the City or a Traffic Impact Analysis to:
7.11.1 Provide transit bays;
7.11.2 Install traffic control devices including:
(a)
traffic control signs;
(b)
traffic control markings; and
(c)
traffic control signals;
7.11.3 Install road signs; or
7.11.4 Provide mailbox pullouts.
Residential Development Groundwater Supply Requirements
7.12
For all properties that cannot connect to a City water main per the City's Waterworks
Bylaw, the Applicant must ensure:
7.12.1 there is a dependable groundwater supply available at the time of subdivision and
that there is a strong likelihood that a long-term supply of domestic water, proven
safe for human consumption, is available; and
7.12.2 the property conforms to the requirements set out in Schedule "F" attached to
and forming part of this bylaw.
Wildland Interface
7.13
For areas designated High Wildfire Threat Area within the Official Community Plan, the
Approving Officer may require a wildfire threat reduction plan from an appropriately
qualified professional and completion of remediation work in accordance with the
approved plan prior to Final Subdivision Approval or transferring public open space to
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PAGE 11
the City. A wildland interface covenant may also need to be voluntarily registered by the
Applicant in connection with Final Subdivision Approval.
Floodplain Covenant
7.14
Where the property is located within the 200-year flood plain as defined in the Official
Community Plan, the Approving Officer may require as a condition of subdivision
approval, and the Building Official may require as a condition of building permit
issuance, registration of a floodplain covenant requiring construction on the property to
be in accordance with the terms of the covenant and indemnifying the City of Kamloops.
Development On Steep Slopes
7.15
For areas within the City's Official Community Plan designated as hazard lands areas of
excessive slope (greater than 25%), the Approving Officer may, as a condition of Final
Subdivision Approval, require a restrictive covenant that controls the size and location of
retaining walls or may require the developer to install contiguous retaining walls to mitigate
the impact of the steep slopes.
Additional Site Requirements
7.16
Every Applicant shall be responsible for maintaining a continuous program to control
dust and debris within the subdivision or building site during construction of all works and
services. The method of control shall be in accordance with the Design Engineer's plan
of dust control measures, as approved by the Development, Engineering, and
Sustainability Director.
7.17
If, in the opinion of the Approving Officer, a subdivision is of sufficient size to warrant the
provision of direction or instruction to the public in relation to the design and land use of
the subdivision, the Applicant shall be required to erect a subdivision development sign
at the entrance to the subdivision. The sign shall be erected as directed by the
Approving Officer and shall provide such information as a map of the subdivision, the
existing zoning, the name of the developer, real estate firm, building contractors, and
any other related information that may be deemed to assist in familiarizing the general
public with the subject subdivision. All information related to the subdivision shall be
contained on one sign only.
Minimum Density Provisions for Areas with Water Servicing Constraints
7.18
In the case of an existing serviced lot created prior to the adoption of this bylaw, which is
designated Urban in the Official Community Plan, a building permit which would allow
construction of a total of one single-detached residential building with or without a
secondary suite on the lot may have the requirement to meet the minimum fire flow
requirements for a new subdivision outlined in Schedule "B" waived at the discretion of
the Development, Engineering and Sustainability Director in consultation with the Fire
Chief;
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7.19
In the case of an existing serviced lot created prior to the adoption of this bylaw, which is
designated Suburban, Rural, or Agricultural in the Official Community Plan:
7.19.1 A building permit which would allow construction of a total of one single-detached
residential building on the lot, or the construction of a secondary suite within a
building which was built before the adoption of this bylaw, may have the
requirement to meet the minimum fire flow requirements for a new subdivision
outlined in Schedule "B" waived at the discretion of the Development,
Engineering and Sustainability Director in consultation with the Fire Chief; and
7.19.2 In areas where available fire flow is below the minimum acceptable standard of
33 l/s, a building permit for construction of a second residential dwelling unit on
the lot which is located within a new building or new building addition shall only
be permitted where:
(a)
the new construction contains residential sprinklers;
(b)
the new construction is separated from any other residential building in
accordance with Fire Underwriters Survey Water Supply for Public Fire
Protection Guidelines; and
(c)
a residential sprinkler covenant with release and indemnification
provisions in favour of the City, is voluntarily registered by the Applicant
prior to building permit issuance.
DIVISION EIGHT - ADDITIONAL SERVICES
Service Extensions and Upgrades
8.1
Where any Applicant is required to construct an extension or upgrade of the sanitary
sewer, storm drainage, or the domestic water system, in order to make these services
available to the subdivision or development, the Applicant, if required by the Approving
Officer or Development, Engineering, and Sustainability Director as a condition of
permission to construct such extension or upgrade, shall provide and install standard
service connections for sewer and water to each parcel of land then existing, and that:
8.1.1 fronts or abuts on the street, highway, or other right-of-way on which such sewer
or water extension is constructed;
8.1.2 is capable of being serviced by such extension; and
8.1.3 lies between the existing mains and the nearest boundary of the Applicant's
subdivision or development.
8.2
The City shall pay the Applicant a sum equal to the water and sewer connection fees as
set in accordance with the City's Fees and Charges Bylaw No. 44-14, or a contractual
rate for the additional connections, whichever is the lesser, for each such service
connection so installed.
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PAGE 13
8.3
An Applicant, if required by the Approving Officer, shall extend the sanitary sewer, storm
drainage, or the domestic water system along the entire frontage of the development
parcel that fronts or abuts on the street, highway or other right-of-way on which the
sanitary sewer, storm drainage, or water extension is constructed, and that is capable of
being serviced by such extension.
8.3.1 Such extension shall be provided at no cost to the City.
8.4
Where an application is submitted for subdivision of land not serviced by City water or
sanitary sewer systems, the voluntary registration of a covenant specifying that the City
shall not be responsible for supplying domestic water or sanitary sewerage service to the
subdivision may be necessary prior to Final Subdivision Approval.
Excess or Extended Service and Latecomer Payments
8.5
The Approving Officer may require any Applicant for subdivision and the Development,
Engineering, and Sustainability Director may require any Applicant for building permit to
provide excess or extended works or services to lands other than those being
subdivided, which shall be provided in accordance Sections 507 and 508 of the Local
Government Act and with Council Policy No. EDS-13 - Latecomer Agreements, as
amended or replaced from time to time.
DIVISION NINE - APPLICATION FOR PRELIMINARY LAYOUT APPROVAL
9.1
An Applicant for subdivision shall submit a PLA Application Form to the Approving
Officer in the form and with content as prescribed by the Approving Officer, as amended
from time to time.
9.2
A PLA Application Form shall be available from the City's Development, Engineering,
and Sustainability Department.
9.3
Each PLA Application Form must be completed to include all specified information and
must be accompanied by a proposed subdivision plan and other documentation as set out
in the PLA Application Form.
9.4
Each application for subdivision must be based on and account for the following:
9.4.1 The dimensions, proportions, and arrangement of parcels and access to
development shall be in accordance with Schedule "A" - Standards for Design of
Subdivision Parcels and On-Site Access attached to and forming part of this
bylaw;
9.4.2 All works and services shall be designed in accordance with City Specifications;
9.4.3 The level of works and services required to be provided shall be in accordance
with the designated area requirements of Schedule "C" Servicing Requirements -
attached to and forming part of this bylaw;
9.4.4 The design and arrangement of streets, walkways and bicycle paths shall be in
accordance with Schedule "D" Street/Walkway/Bicycle Path Design and
Construction Requirements - attached to and forming part of this bylaw;
BYLAW NO. 4-35
PAGE 14
9.4.5 The design and construction of utilities shall be in accordance with Schedule "E"
Utility Design and Construction Requirements - attached to and forming part of
this bylaw; and
9.4.6 Each proposed subdivision shall:
(a)
be suited to the site conditions and the configuration of the land being
subdivided;
(b)
be suited to the use for which it is intended; and
(c)
not make impracticable the future subdivision of the land within the
proposed subdivision or of any adjacent land.
9.5
Where an application has been submitted for a proposed subdivision of land fronting on a
river, creek, or stream which, in the opinion of the Development, Engineering, and
Sustainability Director, is subject to erosion, the Approving Officer may:
9.5.1 Require the Applicant to submit a report from a Professional Engineer outlining
how they will protect the river, creek, or stream bank fronting the land and require
the Applicant to protect the river, creek, or stream bank in accordance with the
Professional Engineer's report and any additional requirements of the
Development, Engineering, and Sustainability Director, as a condition of
subdivision approval;
9.5.2 Require the registration of a statutory right-of-way in a location and to a width
acceptable to the Approving Officer;
9.5.3 Require the registration of a covenant addressing any requirements resulting
from Subsection 7.5.1;
9.5.4 Require the Applicant to comply with all conditions imposed in accordance with
the Fish Protection Act, Water Sustainability Act, Riparian Areas Protection Act,
Riparian Areas Protection Regulation, and any other applicable Federal or
Provincial legislation; or
9.5.5 Refuse approval entirely, depending upon the severity of the erosion issue.
9.6
In the case of refusal of PLA, the written notice of refusal shall state the reason(s) for
refusal.
9.7
Granting of PLA by the Approving Officer shall not be considered as acceptance or
approval by the City, or its Approving Officer, of any specific matter contained in the PLA
Application Form and shall not, except as may be hereinafter provided, exempt an
Applicant from the requirements to obtain both Design Approval and Final Subdivision
BYLAW NO. 4-35
PAGE 15
Approval prior to the deposit of the subdivision plan with the Land Title and Survey
Authority.
9.8
A PLA letter issued by the Approving Officer shall be:
9.8.1 Amendable or revocable by the Approving Officer at any time and shall not bind
the Approving Officer to grant either Design Approval or Final Subdivision
Approval; and
9.8.2 Valid for three hundred sixty-five (365) days unless it is amended or revoked by
the Approving Officer during that period.
9.8.3 The Approving Officer may consider a maximum of two, one hundred eighty
(180) day extensions of a PLA if the Applicant submits a Subdivision PLA
Extension Application prior to the expiry of the PLA, subject to the following:
(a)
The Applicant is required to provide an explanation as to the current
status of the proposed development and the estimated time until Final
Subdivision Application submission.
(b)
Any extension granted will be subject to the provisions of any new or
amended bylaw or regulation affecting the subdivision.
(c)
Subdivisions not completed and submitted for Design Approval or Final
Subdivision Approval during the period while the PLA is valid must be
resubmitted as a new subdivision application.
DIVISION TEN - APPLICATION FOR DESIGN APPROVAL
10.1
Applicants shall submit in writing to the Development, Engineering, and Sustainability
Director an Engineering Design Review Application Form in the form and with content as
prescribed by the Approving Officer as amended from time to time (an "Engineering
Design Review Application Form"), in accordance with:
10.1.1 For subdivision, the requirements and conditions set out in a PLA letter issued by
the Approving Officer; and
10.1.2 For a building permit, the requirements and conditions set out in a building permit
issued by the City's Building Official.
10.2
The Engineering Design Review Application Form shall be available at the City's
Development, Engineering and Sustainability Department.
10.3
Each Engineering Design Review Application Form must be completed to include all
specified information and must be accompanied by a proposed subdivision plan or
Building Permit plans and other documentation as set out in the Engineering Design
Review Application Form.
10.4
Upon receipt of an Engineering Design Review Application Form, the Approving Officer
or Development, Engineering, and Sustainability Director wishes to obtain additional
BYLAW NO. 4-35
PAGE 16
information, they shall, after receipt of all other required approvals from other regulatory
or approving bodies:
10.4.1 Request that the Applicant provide any additional information that is considered
necessary to determine whether Design Approval can be granted; or
10.4.2 Obtain, verify, expand, or supplement, as may be considered necessary, any
information regarding the proposed subdivision or development of the land, and
examine, test, and prepare maps or documentary material relating to the land to
be subdivided or developed and adjacent land and the natural features, site
conditions, and vegetation thereon.
10.5
Statutory rights-of-way for utilities, erosion protection, dikes, public access, and natural
surface drainage water courses shall be provided where deemed necessary by the
Approving Officer or the Development, Engineering, and Sustainability Director.
10.6
The Development, Engineering, and Sustainability Director shall consider each
application for Design Approval regarding:
10.6.1 The suitability and adequacy of utility capacity, locations, and the relationship of
proposed streets and parcels to topography, site conditions, and natural features;
and
10.6.2 The arrangement and dimensions of new streets and their relation to the
alignment of existing and proposed streets with a view to the creation of an
integrated system of streets for the whole of the area in which the parcel to be
subdivided or developed is located.
10.7
Upon receipt of the Engineering Design Review Application Form or of any additional
information required in accordance with this Division, the Development, Engineering,
and Sustainability Director shall, in writing, either refuse the application, grant Design
Approval, or notify the Applicant that Design Approval is being withheld pending
modification of the application as may be required pursuant to the provisions of this
bylaw.
10.8
In the case of refusal of Design Approval, the Development, Engineering, and
Sustainability Director shall state the reason(s) for refusal, which shall be one or more of
the following:
10.8.1 That the proposal submitted in the Engineering Design Review Application Form is:
(a)
substantially different from the layout for which the PLA was granted; or
(b)
contrary to the provisions of this Division or the Design Criteria Manual.
10.9
Where Design Approval is withheld:
10.9.1 The Development, Engineering, and Sustainability Director shall notify the
Applicant in writing of the requirements that must be met before Design Approval
can be granted;
BYLAW NO. 4-35
PAGE 17
10.9.2 The Applicant shall, within ninety (90) days, resubmit to the Development,
Engineering, and Sustainability Director any plan or document to which
alterations were required.
10.9.3 If the Development, Engineering, and Sustainability Director is satisfied that the
requirements have been met, Design Approval shall be granted.
10.10 Design Approval shall be considered only as certification by the Development,
Engineering, and Sustainability Director that the engineering design drawings for the
proposed subdivision are in accordance with the requirements of the Approving Officer
and shall not exempt the Applicant from securing Final Subdivision Approval prior to the
deposit of the subdivision plan with the Land Title and Survey Authority.
10.11 Final building permit approval shall be withheld by the City until final construction
completion certificates are issued for all required works and services to be completed in
accordance with this bylaw in relation to a development.
DIVISION ELEVEN - APPLICATION FOR FINAL SUBDIVISION APPROVAL
11.1
An Applicant for Final Subdivision Approval shall submit a Final Subdivision Approval
Application Form to the Approving Officer in the form and with content as prescribed by
the Approving Officer, as amended from time to time, available from the City's
Development, Engineering and Sustainability Department.
11.2
An Applicant may only submit a Final Subdivision Approval Application Form upon:
11.2.1 Final completion of all works and services related to the subdivision and required
pursuant to this bylaw in accordance with Section 11.4 below; or
11.2.2 Compliance with the requirements of Section 11.5 below.
11.3
Each Final Subdivision Approval Application Form must be completed to include all
specified information and must be accompanied by the final subdivision plan and other
documentation as set out in the Final Subdivision Approval Application Form.
Application Based on Completion of all Works and Services
11.4
Where a Final Subdivision Approval Application Form is submitted on the basis that all
works and services have been completed, the Applicant shall submit with the application
written notification from the Design Engineer of such completion, together with the
required completion certificate(s).
11.4.1 Upon receipt of notification that all required works and services have been
completed, the Development, Engineering, and Sustainability Director may
inspect the completed works and services and carry out or require any
examinations or tests deemed necessary.
11.4.2 The final construction completion certificate will be approved and issued to the
Applicant by the Development Engineering, and Sustainability Director when the
following conditions have been complied with to the satisfaction of the
Development, Engineering, and Sustainability Director and the Approving Officer:
BYLAW NO. 4-35
PAGE 18
(a)
All encroachments of any kind to the free and uninterrupted use of all new
streets and lanes shall be removed, except by prior arrangement with the
Approving Officer in consultation with the Development, Engineering, and
Sustainability Director, such desirable shade trees or other natural cover
located off the travelled portion of the street allowance and not
considered detrimental to traffic or utility services;
(b)
All legal survey posts are in place and within one hundred and fifty (150)
mm of final grade. This shall include accurate replacement by a surveyor
of all posts that have been destroyed, bent, or otherwise damaged during
construction. Furthermore, all subdivision lot grading shall have been
completed within 1 m elevation of the approved lot grading plan;
(c)
All works and services have been certified by the Design Engineer as
complete and constructed in accordance with the specifications and
standards as set out in this bylaw;
(d)
The layout of the proposed subdivision has been approved by the
Approving Officer;
(e)
The Applicant has agreed:
(i)
To maintain all of the works and services and remedy any defects
appearing within one (1) year of final completion of all required
works and services, as confirmed by the Development,
Engineering, and Sustainability Director;
(ii)
That, where the one (1) year maintenance period falls between
November 15th and March 15th, or where weather prevents a
maintenance inspection from occurring within one year, the
maintenance period may be extended beyond one year;
(iii)
To pay the City for any damage to other works or services or
property that results, save and except for defects caused by
reasonable wear and tear, negligence of the City, its servants or
agents, or other parties outside of the control of the Applicants;
(iv)
To deposit with the City, for a period of one (1) year from the date
of final completion of all of the works and services, an irrevocable
letter of credit in an amount equal to five (5%) percent of the total
cost of the works and services, based upon a cost breakdown
submitted by the Applicant's Design Engineer and approved by
the Development, Engineering, and Sustainability Director.
(v)
That, should the Applicant fail to maintain the works and services,
remedy any defects, or pay for any damages resulting, the City
may deduct the cost of maintaining the works and services,
remedying any defects or paying any damages from the
maintenance security set out in Subsection 11.4.2(e)(iv); and
BYLAW NO. 4-35
PAGE 19
(vi)
That the minimum amount to be retained by the City for any
maintenance security in accordance with Subsection 11.4.2(e)(iv)
is Five Thousand ($5,000) Dollars.
(f)
The Applicant has completed, to the satisfaction of the Approving Officer,
restoration of any disturbed land adjacent to or within the subject
subdivision; and
(g)
The Applicant has deposited with the City an electronic copy of
engineering record drawings including the record survey completed to City
Specifications showing all works and services as actually constructed,
certified as correct by the Design Engineer.
Application before Completion of all Works and Services
11.5
Where the Applicant wishes to obtain Final Subdivision Approval before the completion of
all works and services, the Approving Officer may grant such approval only after the
Applicant has complied with the following conditions:
11.5.1 The development must be completed to the point where all utilities, street light
bases, traffic control signs, and curbs/gutters are installed, and road base gravels
are compacted to the point that they can be paved and are fire protection
operational. If a road is not paved, all catch basins and manhole covers must be
protected by a ring of asphalt around the perimeter to avoid damage to edge and
an interim stormwater management plan shall be provided. Fire hydrants must be
flow tested and test results submitted;
11.5.2 Engineering record drawings must be provided for all of the minimum
requirements specified in Subsection 11.5.1 above;
11.5.3 The Applicant shall have deposited with the City an irrevocable letter of credit in
an amount equal to one hundred twenty-five (125%) percent of the estimated
cost or contract price for all outstanding works and services, and in addition, such
security as the Approving Officer may deem necessary to guarantee compliance
with this bylaw.
(a)
Cost estimates required under this Section shall have been determined
by the Applicant's Design Engineer and approved by the Approving
Officer or Development, Engineering, and Sustainability Director;
(b)
The Applicant must enter into a subdivision and development servicing
agreement with the City in a form and with content acceptable to the
Approving Officer; and,
(c)
Roads shall be gated to restrict public entry outside construction hours at
the discretion of the Approving Officer
11.5.4 The Approving Officer, in consultation with the Development, Engineering, and
Sustainability Director, may authorize reductions in the security required pursuant
BYLAW NO. 4-35
PAGE 20
to Subsection 11.5.3 above as completion of the works and services progresses;
however, such reductions shall be limited to the following phases of
development:
(a)
when all utilities are completed and approved by the City;
(b)
when all works and services are completed and approved by the City;
11.5.5 On completion of all works and services, an Applicant shall notify the City in
accordance with Section 9.4 above; and, when the Development, Engineering,
and Sustainability Director is satisfied that all requirements of the City have been
complied with, with the exception of submission of engineering record drawings:
(a)
a final completion certificate may be issued and the Approving Officer
may authorize a release of security, with the exception of a holdback of an
amount agreed to by the Approving Officer or Development, Engineering,
and Sustainability Director based on one hundred (125%) percent of the
value specified in the Design Engineer's quote required to issue the
Engineering Record Drawings (minimum of Five Thousand [$5,000]
Dollars); and
(b)
the engineering record drawings must be submitted within ninety (90)
days of final completion of the works and services.
(i)
When the engineering record drawings have been submitted and
approved, according to the provisions of Subsection 11.4.2(g)
above, the security may then be reduced to five (5%) percent of
the total cost of all works and services, being the amount to be
held by the City for the one-year maintenance period in
accordance with Subsections 11.4.2(e)(iv), (v) and (vi) above.
11.6
Utility or drainage statutory rights-of-way may be required as a condition of Final
Subdivision Approval, and the Applicant shall provide such statutory rights-of-way to the
Approving Officer for review and approval prior to registration with the subdivision plan.
11.7
Within two (2) months of the receipt of a Final Subdivision Approval Application Form,
the Approving Officer shall either grant Final Subdivision Approval or notify the Applicant
in writing that Final Subdivision Approval is being rejected.
11.7.1 If Final Subdivision Approval is rejected, the reason(s) shall be stated in a notice
to the Applicant.
11.8
The granting of Final Subdivision Approval shall be certified by the return to the
Applicant of the final subdivision plans required under Section 11.3 above, signed and
dated by the Approving Officer, together with any statutory right-of-way plans,
covenants, fees or other documentation.
11.9
The Approving Officer may require a solicitor in good standing with the Law Society of
British Columbia to undertake the registration of the subdivision plan and related
BYLAW NO. 4-35
PAGE 21
documents and to provide the required proof to the City in accordance with Section
11.10 below.
11.10 An Applicant shall provide to the Approving Officer proof of registration of the subdivision
with the Land Title and Survey Authority within fourteen (14) days of the date of
registration, and the following information shall be provided:
11.10.1 A copy of the subdivision plan with registration details noted thereon as provided
by the Land Title and Survey Authority;
11.10.2 Where a conveyance to the City of Kamloops of any portion of the subdivided
lands is required, a State of Title Certificate, in accordance with the Land Title
Act, showing the City of Kamloops as registered owner free and clear of all liens,
charges and encumbrances save and except those consented to by the City;
11.10.3 Where the granting of a statutory right-of-way is required, a copy of the statutory
right-of-way documentation and plans with registration details noted thereon,
together with a State of Title Certificate showing the priority of registration; and
11.10.4 Where a covenant is registered, a copy of the covenant with registration details
noted thereon together with a State of Title Certificate showing the priority of
registration.
Appeal
11.11 If Final Subdivision Approval is rejected by the Approving Officer in accordance with
Division Nine of this bylaw, an Applicant may appeal the Approving Officer's decision in
the Supreme Court of British Columbia pursuant to Section 89 of the Land Title Act.
DIVISION TWELVE - OFFENCES AND PENALTIES
12.1
No person shall do any act or permit any act or thing to be done in contravention of this
bylaw.
12.2
Every person who violates any provision of this bylaw, or who permits any act or thing to
be done in contravention of this bylaw, or who fails to do any act or thing required by this
bylaw shall be deemed to have committed an offence against this bylaw and where a
specific penalty has not otherwise been designated, shall be liable to a fine or penalty
provided under the Community Charter of not less than Five Hundred Dollars ($500) and
not more than Ten Thousand Dollars ($10,000), plus the costs of prosecution, and any
other order imposed pursuant to the Community Charter.
12.3
Each day that an offence against this bylaw continues shall be deemed a separate and
distinct offence.
12.4
Any penalty imposed pursuant to this bylaw shall be in addition to, and not in substitution
for, any other penalty or remedy imposed pursuant to any other applicable statute, law,
or regulation.
BYLAW NO. 4-35
PAGE 22
DIVISION THIRTEEN - SCHEDULES
13.1
The following schedules are attached to and form part of this bylaw and are enforceable
in the same manner as this bylaw:
SCHEDULE "A"
Standards for Design of Subdivision Parcels and On-Site Access
SCHEDULE "B"
Design Criteria Manual
SCHEDULE "C"
Servicing Requirements
SCHEDULE "D"
Street/Walkway/Bicycle Path Design and Construction
Requirements
SCHEDULE "E"
Utility Design and Construction Requirements
SCHEDULE "F"
Residential Development Groundwater Supply Requirements
SCHEDULE "G"
Geotechnical Report Requirements
SCHEDULE "H"
Requirements for Conversion of Existing Side-by-Side Two-Unit
Dwellings into Individually Titled, Semi-detached Lots
SCHEDULE "I"
Requirements for Strata Title Conversion of Previously Occupied
Buildings
SCHEDULE "J"
Requirements for Protection of Public Open Space and Parkland
READ A FIRST TIME the
24th
day of
February
2026.
READ A SECOND TIME the
24th
day of
February
2026.
READ A THIRD TIME the
24th
day of
February
2026.
ADOPTED this
10th
day of
March
2026.
MAYOR
R. HAMER-JACKSON
CORPORATE OFFICER
M. MAZZOTTA
BYLAW NO. 4-35
SCHEDULE "A"
PAGE 23
Schedule "A"
Standards for Design of Subdivision Parcels and On-Site Access
1.
PARCELS
1.1
All parcels created under any proposed plan of subdivision shall be adequate in
area and logical in shape and dimensions for the use intended.
1.1.1 Triangular or otherwise irregularly shaped parcels shall be avoided
wherever practicable.
1.2
The minimum area and width requirements for parcels shall be as set out in the
appropriate division of the City's Zoning Bylaw for the use intended, and no
parcel created by subdivision shall have less than one-tenth of its perimeter
fronting on a street, unless relief is granted in accordance with Section 5.6 under
Division Five of this bylaw.
1.3
Side boundary lines of parcels to be created by a plan of subdivision shall be
substantially at right angles or radial to street lines unless the Approving Officer is
satisfied that it is impractical to comply and that the parcels as proposed are
logical in shape and dimension for the use intended.
1.4
Panhandle lots are discouraged by the City and will generally only be permitted in
a plan of subdivision under the following conditions:
1.4.1 The parcel is capable of further subdivision;
1.4.2 The access strip is wide enough to meet the street width requirements for
the area in question as designated in the Design Criteria Manual;
1.4.3 The access strip is located such that as future subdivision occurs, it may
be developed and registered as a street according to the desirable
standards of intersection as designated in the Design Criteria Manual;
and
1.4.4 The Applicant voluntarily registers a covenant prohibiting the construction
of any building or structure within the boundary of the access strip.
1.5
Where, in the opinion of the Approving Officer, the circumstances warrant special
allowance, approval of panhandle parcels on lots that are not capable of further
subdivision in accordance with Section 1.4 of this Schedule "A", attached to and
forming part of this bylaw, shall be at the absolute discretion of the Approving
Officer and shall comply with Section 2, On-Site Access.
1.6
Whereas the City's Zoning Bylaw contains a minimum frontage requirement for
subdivision and panhandle lots typically do not meet this requirement:
BYLAW NO. 4-35
SCHEDULE "A"
PAGE 24
1.6.1
Single-detached dwellings with suites, two-unit (duplex) dwellings, and
small-scale multi-unit residential development will not be permitted on
panhandle lots that may otherwise meet the lot area and lot width
requirements of the City's Zoning Bylaw, except that:
1.6.1.1 Single-detached dwellings with suites, two-unit (duplex) dwellings,
and small-scale multi-unit development may be considered on
oversized panhandle lots on a case-by-case where the applicant
demonstrates the ability to accommodate all required access,
parking, maneuvering, and fire protection standards on-site,
including a minimum panhandle width of 7.3 m for small-scale
multi-unit development or multi-unit development (3 or more
units); and
1.6.1.2 A covenant is voluntarily registered by the Applicant, limiting the
maximum number of units to those that can safely be permitted on
the property.
1.7
Parcels that are proposed to extend between two streets (double fronting) so that
both ends of the parcel front upon a street shall not be accepted if, in the opinion
of the Approving Officer, other suitable alternatives for design of the subdivision
can be provided. If other suitable alternatives for design of the subdivision cannot
be provided, specific fencing requirements and access restrictions may be
required by the Approving Officer in conjunction with a double fronting lot.
1.8
Where an application for subdivision is submitted the only purpose of which is to
relocate one property line separating two existing adjacent parcels and one or
both parcels do not conform with the minimum area requirement of the City's
Zoning Bylaw, the Approving Officer may approve the subdivision provided that:
1.8.1 No additional parcels are created by the subdivision;
1.8.2 The relocation of the separating property line does not, in the opinion of
the Approving Officer, worsen the situation; and
1.8.3 The lot line adjustment does not dramatically increase the lot size of one
of the lots to the detriment of the other.
1.8.4 Prior to the approval of an application proposing to create double fronting
lots adjacent to an arterial or major collector road, the Approving Officer
may require an Applicant to install fencing at the property line. Where the
boulevard is landscaped and requires maintenance, fencing shall include
an access gate.
2.
ON-SITE ACCESS
2.1
Onsite access to buildings and structures on all lots, including panhandle lots and
small-scale multi-unit developments shall be provided in accordance with the
British Columbia Building Code, the City of Kamloops Building Bylaw, Zoning
Bylaw, Development Permit Area Guidelines, and the Fire Prevention and Public
Safety Bylaw.
BYLAW NO. 4-35
SCHEDULE "B"
PAGE 25
Schedule "B"
Design Criteria Manual
BYLAW NO. 4-35
SCHEDULE "C"
PAGE 174
Schedule "C"
Servicing Requirements
SERVICE LEVELS
Purpose
For the purpose of defining the different levels of servicing required to be installed in the various
areas of the City of Kamloops, three categories of servicing have been designated, namely: Full
Urban Services, Partial Urban (Suburban) Services, and Rural Services. For the purpose of
identifying where in the City of Kamloops each servicing category applies, all zones shall be
considered as being designated in the Full Urban Services category except the zones
specifically listed under "Applicable Zones" in the Partial Urban (Suburban) Services and Rural
Services Sections below or "Special Services" or, where in the opinion of the Approving Officer,
the location of the parcel warrants a different category of servicing.
1.
FULL URBAN SERVICES
Servicing
1.1
The following servicing shall be installed in accordance with City Specifications
by an Applicant at no expense to the City, except as expressly provided for
elsewhere herein:
1.1.1 Sanitary sewers;
1.1.2
Water mains;
1.1.3
Storm sewers;
1.1.4 Street construction to subgrade and placing of base materials; and
1.1.5 Underground hydro, gas, and telecommunications services.
(a)
All subdivisions shall utilize underground servicing, except where
the subdivision is part of an infilling process of a substantially built-
up area presently serviced by overhead lines. In such case, the
Approving Officer may permit the installation of overhead lines as
outlined in the Design Criteria Manual.
1.1.6 Street lighting
(a)
Where overhead lines are permitted by the Approving Officer,
street lighting shall be as required in the Design Criteria Manual.
1.1.7 Curb, gutter, sidewalk, and walkways.
1.1.8 Asphaltic concrete paving.
BYLAW NO. 4-35
SCHEDULE "C"
PAGE 175
2.
PARTIAL URBAN (SUBURBAN) SERVICES
Applicable Zones
2.1
The Partial Urban Services category of servicing is applicable to the following
zones as outlined and specified in the City's Zoning Bylaw:
R5
(Residential 5)
R6
(Residential 6)
R7
(Residential 7)
R8
(Residential 8)
I-2
(General Industrial)
I-3
(Heavy Industrial)
CD10 (Kamloops Airport Comprehensive Development Zone 10)
Servicing - Partial Urban Services
2.2
The following servicing shall be installed in accordance with City Specifications
by an Applicant at no expense to the City, except as expressly provided for
elsewhere herein:
2.2.1 Sanitary sewer:
(a)
A sanitary sewerage collection system is not required subject to
the following:
(i)
Where a subdivision is located within 100 m of an area
serviced by the existing municipal sanitary sewer system,
the Applicant shall provide a sewerage system, which shall
be connected to the existing municipal system;
(ii)
Where a subdivision is located within the catchment area
of a future municipal sanitary sewerage system (as
determined by the City), all individual treatment systems
shall be designed to permit connection to the future
municipal sanitary sewerage system; and
(iii)
Where an individual disposal system (e.g. in-ground septic
system) is proposed, the minimum lot area shall be 1 ha
and approval shall be subject to the requirements of
Schedule "E", Section 4, Private Sewage Disposal,
attached to and forming part of this bylaw;
2.2.2 Water mains;
2.2.3 Storm sewers:
(a)
The Approving Officer may allow open ditch drainage in
conjunction with a storm sewer system;
BYLAW NO. 4-35
SCHEDULE "C"
PAGE 176
2.2.4 Street construction to subgrade and placing of base materials;
2.2.5 Hydro, gas, and telecommunications services:
(a)
Overhead lines are permitted except that:
(i)
In cul-de-sacs, utility poles shall be located so that only
one pole is installed within the cul-de-sac, at which point all
lines shall be dropped and carried underground throughout
the cul-de-sac bulb; and
(ii)
In subdivisions or portions thereof intended for construction
of two-unit dwellings, utility poles shall be spaced as for
single-unit dwellings with all services installed underground
from the poles to the buildings. Where an individual two-
unit lot is developed as an infilling project in an otherwise
developed area, such project shall be exempt from the
terms of this Subsection unless otherwise required by the
Approving Officer;
2.2.6 Street lighting:
(a)
Street lighting shall be installed on power poles in accordance with
City and BC Hydro specifications;
2.27
Curb, gutter, sidewalks, and walkways:
(a)
Where open ditch drainage has been allowed, the requirement for
curbs and gutters may also be waived by the Development,
Engineering, and Sustainability Director;
2.2.8 Asphaltic concrete paving.
3.
RURAL SERVICES
Applicable Zones
3.1
The Rural Services category of servicing is applicable to the following zones as
outlined and specified in the City's Zoning Bylaw:
A1
(Agricultural)
FD
(Future Development)
OS
(Open Space)
CR1
(Country Residential 1)
CR2
(Country Residential 2)
CR3
(Country Residential 3)
RE
(Resource Extraction)
BYLAW NO. 4-35
SCHEDULE "C"
PAGE 177
Servicing - Rural Services
3.2
The following servicing shall be installed in accordance with City Specifications
by an Applicant at no expense to the City, except as expressly provided for
elsewhere herein:
3.2.1 Sanitary sewers:
A sanitary sewerage collection system is not required subject to the
following:
(a)
Where a subdivision is located within 100 m of an area serviced
by the existing municipal sanitary sewer system, the Applicant
shall provide a sewerage system, which shall be connected to the
existing municipal system;
(b)
Where a subdivision is located within the catchment area of a
future municipal sanitary sewerage system (as determined by the
City), all individual treatment systems shall be designed to permit
connection to the future municipal sanitary sewerage system; and
(c)
Where an individual disposal system (e.g. in-ground septic
system) is proposed, the minimum lot area shall be 1 ha and
approval shall be subject to the requirements of Schedule "E",
Section 4, Private Sewage Disposal, attached to and forming part
of this bylaw.
3.2.2 Water mains:
(a)
Domestic water systems shall be required for subdivisions having
lots less than 8 ha in area.
(b)
For subdivisions having lots 8 ha or larger in area for which a lot
cannot connect to a City water main as per the Waterworks Bylaw,
wells may be allowed, provided that potable water of sufficient
quality and quantity is available (to the satisfaction of the Medical
Health Officer and the Approving Officer).
(c)
Engineering data shall be supplied upon request in accordance
with Schedule "F", Residential Development Groundwater Supply
Requirements, attached to and forming part of this bylaw.
3.2.3 Storm sewers:
(a)
The Development, Engineering, and Sustainability Director may
allow open ditch drainage in conjunction with a storm sewer
system.
3.2.4 Street construction to subgrade and placing of road base materials.
BYLAW NO. 4-35
SCHEDULE "C"
PAGE 178
3.2.5 Hydro, gas, and telecommunications services.
(a)
Overhead lines are permitted except that:
(i)
In cul-de-sacs, utility poles shall be located so that only
one pole is installed within the cul-de-sac, at which point all
lines shall be dropped and carried underground throughout
the cul-de-sac bulb; and
(ii)
In subdivisions intended for construction of two unit
dwellings, utility poles shall be spaced as for single
detached dwellings with all services installed underground
from the poles to the buildings.
(b)
Gas and telecommunications services shall be installed in areas
where these utilities are available.
3.2.6 Asphaltic concrete paving
4.
SPECIAL SERVICES (High Country Estates Subdivision)
4.1
Notwithstanding the regulations contained in Schedule "A", attached to and
forming part of this bylaw, the following special servicing category is applicable
only to those lands zoned R7 (Residential 7), located within the area referred to
as High Country Estates Subdivision, specifically located on High Schylea Drive,
High Ricardo Way, High Country Boulevard, and High Canada Place.
Servicing
4.2
The following servicing shall be installed by an Applicant in accordance with City
Specifications at no expense to the City, except as expressly provided for
elsewhere herein:
4.2.1 Underground hydro, gas, and telecommunications;
4.2.2 Utilities;
4.2.3 No street lighting required;
4.2.4 Asphaltic concrete paving and gravel shouldering:
(a)
15 - 25 km/h design speed;
(b)
20 m right-of-way width;
(c)
6 m paved width;
(d)
12% maximum grade;
(e)
1 m shoulder on downhill side; and
(f)
1.2 m offset from ditch centreline to edge of asphalt on uphill side.
BYLAW NO. 4-35
SCHEDULE "D"
PAGE 179
Schedule "D"
Street/Walkway/Bicycle Path Design and Construction Requirements
1.
GENERAL
1.1
All requirements of this schedule are basic guidelines for design and construction.
Detailed design information is contained in the Design Criteria Manual.
2.
STREETS
2.1
The layout of streets within a proposed subdivision shall be designed in
compliance with:
2.1.1
The City's Official Street Classification Map;
2.1.2
The City's Official Community Plan;
2.1.3
The Design Criteria Manual; and
2.1.4
Other Municipal Plans of the City as may exist from time to time.
2.2
Where a street passes through more than one zone, the zone having the higher
standard will dictate the applicable street standards.
2.3
Where an Applicant for subdivision is required by the City to construct a street to
a width or other standards that exceed those specified in the Design Criteria
Manual, the City shall pay the additional costs involved in the construction and
paving of such street for that portion in excess of the specified standards
provided that:
2.3.1 Such wider pavement is not required to accommodate the traffic
anticipated to be generated by that development; and
2.3.2 It is advantageous to the City to advance the construction of such
additional width of street.
2.4
Cul-de-sac streets should be avoided unless topographic or other conditions
make continuation or projection of conventional roadways impractical.
3.
CLEARING
3.1
All rights-of-way shall be cleared to their full width and length, grubbed, and all
refuse completely disposed of unless prior arrangements have been made with
the City.
3.2
Where possible prior to clearing, topsoil shall be removed and stored on site for
later replacement on lots.
BYLAW NO. 4-35
SCHEDULE "D"
PAGE 180
3.3
Individual leaning, dead, or dangerous trees or snags outside the clearing area
shall be removed, and an assessment by an arborist or landscape architect may
be required.
4.
LANES AND PEDESTRIAN WALKWAYS/BICYCLE PATHS
4.1
Service lanes for vehicular traffic, which shall be a minimum of 6 m in width, shall
be provided in commercially zoned subdivisions where required by the Approving
Officer or the Development, Engineering, and Sustainability Director.
4.2
Pedestrian walkways and bicycle or multi-use paths shall be dedicated to provide
pedestrian access to schools, parks/open space, recreation, and commercial
facilities.
4.2.1 Walkways and bicycle or multi-use paths shall be constructed in
accordance with City Specifications and as outlined in the Design Criteria
Manual.
4.3
Pedestrian walkways and bicycle or multi-use path patterns in newly developed
areas shall be designed based on functional and leisure usage and shall be
subject to the approval of the Development, Engineering, and Sustainability
Director.
4.4
Functional walkways for access to transit, shopping and school sites shall be
constructed to City Specifications to a full 3 m.
4.5
Leisure walkways for access to and in parks and open public areas shall be
constructed to City Specifications to a full 1.5 m width.
4.6
Fencing of walkways shall be the responsibility of the Applicant, who will ensure
that construction of such is carried out in accordance with City standards.
4.6.1
Where walkway grades exceed twenty (20%) percent, the Applicant shall
construct steps to City Specifications, unless otherwise agreed to by the
Development, Engineering, and Sustainability Director.
4.7
Walkways shall be graded and constructed to the full width between property
lines to provide proper access and drainage.
5.
PRIVATE UTILITY WORKS
5.1
Individual power, telephone, gas, and telecommunication services shall be
provided for each parcel within a subdivision. Services shall also be provided to
park and other areas as required by the Civic Operations Director.
5.2
Individual services shall be installed prior to street improvements taking place.
BYLAW NO. 4-35
SCHEDULE "D"
PAGE 181
6.
BOULEVARDS
6.1
With the exception of areas zoned for multi-unit residential, small-scale multi-unit
residential, commercial, industrial, or institutional development, an Applicant shall
install dryland type landscaping on all boulevard and median areas abutting
arterial roadways.
6.2
An Applicant shall further ensure that the landscaping becomes established,
which may require installation of a water system to City Specifications.
7.
TRAFFIC CONTROL
7.1
An Applicant shall deposit with the City sufficient funds to provide street signs or
other traffic control devices required by the Development, Engineering, and
Sustainability Director prior to final approval of a subdivision.
7.2
Street names for new streets must be approved by the Approving Officer, at their
sole discretion.
8.
SLOPE STABILIZATION
8.1
An Applicant shall landscape all excavation and fill slopes with a dryland type
mixture compatible with the surrounding area.
8.2
Where stability problems are anticipated, preventative measures shall be
incorporated to the satisfaction of the Approving Officer or Development,
Engineering, and Sustainability Director.
9.
RESTORATION
9.1
Where restoration work is required by construction through an established area,
it shall be completed no later than 30 days after completion of works and
services in a subdivision.
9.2
If restoration is not completed within this time, the City may enter upon the
property to complete such restoration and charge the cost to the Applicant.
BYLAW NO. 4-35
SCHEDULE "E"
PAGE 182
Schedule "E"
Utility Design and Construction Requirements
1.
GENERAL
1.1
All requirements of this schedule are basic guidelines for utility design and
construction. Detailed design information is contained in the Design Criteria
Manual.
2.
DOMESTIC WATER SYSTEMS
2.1
Water Service Connections:
2.1.1 Water service connections to the size and locations as determined by the
Development, Engineering, and Sustainability Director shall be provided by
an Applicant for land designated for park, open space, medians, and
boulevards.
2.2
Oversizing/ Extra Depth
2.2.1 Where the City requires an Applicant to provide larger or deeper mains
than those required to serve the subdivision or development, the City will
bear the cost of the additional requirements as follows:
(a)
For all oversizing 200 mm or less above the required size, the City
will pay the difference in material costs (including fittings) plus an
additional 10% of the oversized material cost for handling;
(b)
For any oversizing increase 200 mm or more above the required
size, the City will pay the difference between the installed costs,
inclusive of engineering fees, as mutually agreed to by the
Applicant and the Development, Engineering, and Sustainability
Director prior to the commencement of construction; and
(c)
For any main installed deeper than that which is required to
service the subdivision, the City will pay the difference between
the cost of installing the main at the depth required to service the
subdivision and the cost to install the main at the additional depth,
as mutually agreed to by the Applicant and the Development,
Engineering, and Sustainability Director prior to the
commencement of construction.
3.
SEWAGE COLLECTION AND STORM DRAINS
3.1
Oversizing
3.1.1 An Applicant shall be responsible for bearing the full cost of all sanitary
and storm mains up to and including 250 mm diameter;
3.1.2 The City will bear the cost of oversizing above 250 mm in diameter in
accordance with Subsection 2.2 of Schedule "E" above; and
BYLAW NO. 4-35
SCHEDULE "E"
PAGE 183
3.1.3 The City will bear the cost of installing the main to additional depth in
accordance with Subsection 2.2 of Schedule "E" above.
4.
PRIVATE SEWAGE DISPOSAL
4.1
Community sewage disposal systems of any type shall not be permitted within
the City, unless approved by Interior Health and the Development, Engineering,
and Sustainability Director.
4.2
Where any parcel within a proposed subdivision less than 1 ha in area is required
to utilize an individual disposal system, approval from the Development,
Engineering, and Sustainability Director for the entire subdivision based on the
waste disposal capabilities of the soil shall be required.
4.3
The Applicant shall provide, if requested by the Development, Engineering, and
Sustainability Director, test results, soil samples and any other pertinent
information.
4.4
In cases where the Development, Engineering, and Sustainability Director deems
it necessary, an Applicant shall provide a report prepared by a Professional
Engineer experienced in ground disposal of wastewater, to determine the long-
term acceptability of the soil for sewage disposal and provide details and
recommendations of the disposal system design.
4.5
The Approving Officer may request recommendations from the Medical Health
Officer in determining the suitability of the subdivision based on ground disposal
of wastewater.
4.6
Approval of the ground wastewater disposal capabilities at the time of subdivision
shall in no way negate the requirement for each landowner to obtain approval, in
conjunction with the building permit application, from the Medical Health Officer.
5.
STATUTORY RIGHTS-OF-WAY FOR UTILITIES
5.1
Where statutory rights-of-way for utilities are required by the City, they shall be
designed and constructed in accordance with the Design Criteria Manual.
6.
DRAINAGE COURSES
6.1
Where a parcel to be subdivided is traversed by a natural watercourse that will
form part of the drainage system of the subdivision, there shall be provided
sufficient land to provide for such drainage system.
6.2
Subdivision or development of any parcel traversed by a natural watercourse
shall comply with the requirements in the City's Watercourses Regulations Bylaw,
the Water Sustainability Act, and any other applicable Federal or Provincial
legislation.
BYLAW NO. 4-35
SCHEDULE "F"
PAGE 184
Schedule "F"
Residential Development Groundwater Supply Requirements
1.
GENERAL INFORMATION
1.1
The purpose of the requirements in this section is to enable compliance with the
City of Kamloops Subdivision and Development Control Bylaw for those
properties that do not connect to the City water utility to ensure there is a
dependable groundwater supply available at the time of subdivision and a strong
likelihood that a long-term supply of domestic water, proven safe for human
consumption, is available.
1.2
Each lot created under this bylaw that does not connect to the City water utility
shall have its own well, conforming to the requirements contained in this
Schedule "F", and any additional recommendations made by a qualified
professional.
1.3
Each well shall be contained wholly on the property it services.
1.4
Where referred to in this Schedule, a qualified professional is to be a
Professional Geoscientist or a Professional Engineer, whose competency lies
within the groundwater field.
1.5
If a proposed development requires three or more wells for ultimate subdivision
potential of the parent property, or where the well yield will be considered
marginal, the Professional Engineer or Professional Geoscientist is to provide a
report containing information and criteria in general accordance with Section 5 of
this Schedule "F" below.
1.5.1 The report should identify the 48-hour yield of each well (when all wells
considered are operating simultaneously).
(a)
The sustainable yield of the wells must take into consideration the
water balance in the aquifer or aquifers that are being used for
supply and take into account existing wells, proposed wells, and
any other developments that might be proposed (as advised by
the City).
(b)
Well yields will be considered marginal if they are not capable of
meeting the minimal requirements per Section 2 of this
Schedule "F" below.
1.6
If there are two wells or less in a proposed subdivision, and the well yields meet
the minimum criteria of Section 2 of this Schedule "F", below, the qualified
professional is to provide a basic report.
BYLAW NO. 4-35
SCHEDULE "F"
PAGE 185
1.6.1 The report shall contain:
(a)
a copy of the well driller's original log for every hole drilled;
(b)
a sketch showing location of the wells;
(c)
UTM coordinates to an accuracy of 6m±; and
(d)
certifications per Section 5 of this Schedule "F", below.
1.7
The Applicant's qualified professional is to review the standards contained in this
Schedule "F" to determine if they are appropriate as minimum criteria or if
additional investigation or development will be required.
2.
MINIMUM CRITERIA
2.1
Each well shall be capable of providing a sustained yield of 2,300 L per day for a
minimum period of 48 hours, without adversely affecting the sustainable
operation (yield and drawdown) of the wells within the proposed development or
wells on adjacent properties within an 800 m radius.
2.1.1 If three or more wells are contained within the proposed development, a
minimum of two wells or 50% of all new wells are to be tested at the same
time and must meet these criteria.
2.1.2 The minimum well yield requirement in this section is for domestic use
only, and. determination of ability to supply water for irrigation, agriculture
or other uses shall be the responsibility of the applicant and the City
makes no representation that water supply for other than domestic use is
available.
2.2
All wells will be constructed to conform to the Water Sustainability Act and
Groundwater Protection Regulation, as amended, and in general to the
standards established for water supply wells.
2.3
Wells must be completed with an appropriate surface seal.
2.4
Any wells drilled as test wells that will not be used as water supply wells or
observation wells will be abandoned per the Water Sustainability Act and
Groundwater Protection Regulation, as amended, and in general to the
standards established for water supply wells.
2.5
Generally, well flow testing should be conducted during periods when anticipated
groundwater levels are at a minimum for the year.
2.5.1 If testing is to be done during other times of the year, the Professional
Geoscientist or a Professional shall provide an explanation in the report
on how the information has been extrapolated to compensate for this
condition.
BYLAW NO. 4-35
SCHEDULE "F"
PAGE 186
2.6
Water quality tests must be performed for the parameters identified by Interior
Health as a minimum requirement and any amendments that might be in force at
the time of investigation.
2.6.1 Parameters tested must meet guideline concentrations indicated in the
most current version of "Guidelines for Canadian Drinking Water Quality",
published by the Ministry of Health Canada, as amended from time to
time.
2.6.2 The Professional Engineer or Professional Geoscientist is to ensure the
standard identified in 2.6.1 above is appropriate as a minimum standard
for the proposed development.
2.6.3 If treatment is required to conform to the applicable standards, water
quality covenants must be voluntarily registered in accordance with
Section 6 of this Schedule "F" to, amongst other things, identify all
necessary treatments.
3.
PRELIMINARY REPORT
3.1
The Professional Geoscientist or a Professional Engineer to provide a preliminary
report to the Approving Officer.
3.2
The preliminary report shall:
3.2.1 Outline how groundwater development will proceed including minimum
yield testing; and
3.2.2 Provide location and a history (written documentation and from well logs)
of all wells within an 800 m radius that may be affected by operation of
the proposed wells.
(a)
Locations of all proposed and existing wells affected are to be
provided with the geographic limits of the target aquifer(s).
(b)
For locations where there is little data, preliminary drilling and
testing may be appropriate before a preliminary report is
submitted.
4.
FINAL REPORT
Prior to Final Subdivision Approval, the Professional Geoscientist or a Professional
Engineer, is to provide a final report including the following information:
4.1
Analysis of such issues as:
4.1.1 the geologic setting;
4.1.2 inferred aquifer boundaries;
4.1.3 recharge conditions;
BYLAW NO. 4-35
SCHEDULE "F"
PAGE 187
4.1.4 water balance with respect to all present and projected inputs and
withdrawals;
4.1.5 losses from the aquifer;
4.1.6 water quality;
4.1.7 possibility and prevention of pollution, contamination and
recommendations (if any) on a future monitoring program;
4.1.8 observation well(s); and
4.1.9 operation of wells (e.g. overpumping, backwashing, rawhiding (pump
surging), etc.).
4.2
Commentary on the colour, smell, and taste of the water from each well.
4.3
A site plan (to scale) showing:
4.3.1 existing and proposed property boundaries;
4.3.2 location of the well sites,
4.3.3 locations of any unsuccessful test well sites and measures to
appropriately seal them;
4.3.4 any neighbouring wells within 800 m or more that may be affected
through interference by pumping of the proposed wells as determined
appropriate by the qualified professional;
4.3.5 The sites in relation to existing road allowances, streams and lakes,
sanitary landfills, septic field disposal, and boundaries of the municipality,
etc.;
4.3.6 Legal descriptions of the proposed well site areas, including registered
plan and lot numbers; and
4.3.7 Approximate elevations referencing the geodetic datum for each well
assembly, and elevations on important adjacent features such as lake
levels, river levels, etc.
(a)
All wells drilled should also be identified with UTM coordinates as
measured in the field to an accuracy of 6m± or measured using
some alternate and appropriate method.
4.4
A copy of the well driller's original log for every hole drilled under the program, a
sketch showing well design specifications for each completed well, and
confirmation that the water well record form and other pertinent information has
been forwarded to the Province or other appropriate agencies.
BYLAW NO. 4-35
SCHEDULE "F"
PAGE 188
4.4.1 Details should be given of the pumping equipment used and the method
of measurement for water well readings.
4.5
Identification of the maximum capacity and maximum pumping capacity that
would be appropriate for each well, to ensure there will be no significant adverse
effects on existing, proposed, or potential future wells within an 800 m radius.
4.5.1 Future well development shall be based on subdivision potential as per
the City's Official Community Plan, and criteria established by this
Schedule "F" or other City guidelines and bylaws.
4.6
Analysis of utilizing wells for irrigation purposes, to ensure there will be no
adverse effects on future potential well development in the area, as well as
recharge concerns, runoff, or potential for contamination.
4.7
Corrosion analysis and recommendations provided as to the extent of corrosion
abatement measures necessary, if any, for protection of the well casing and
pump components.
4.8
Data from the testing is to be provided with the final report along with analysis of
that data.
4.9
A copy of laboratory tests on each well to ensure that water quality meets the
standards as per Section 2 of this Schedule "F" above.
4.9.1 If additional treatment is necessary, the methodology for treatment shall
also be included in the report.
5.
PROFESSIONAL AUTHENTICATION
5.1.
The Professional Geoscientist or a Professional Engineer is to provide a signed
and sealed report that addresses the following requirements:
5.1.1 That each well within the subdivision has been tested and is capable of
continuously providing water at a minimum rate of 2,300 L per day, tested
for a minimum period of 48 hours without adversely impacting the
sustainable capacity of the aquifer (with a minimum of 50% of the wells
having been tested simultaneously).
5.1.2 That the projected sustainable use of the aquifer will not be adversely
impacted by development of the proposed lots and associated
groundwater supply.
(a)
The projection should take into consideration existing wells and
wells required for the subdivision in question, and potential future
subdivisions.
(b)
The qualified professional may wish to indicate at what point
groundwater supply is likely to become untenable for the use
intended.
BYLAW NO. 4-35
SCHEDULE "F"
PAGE 189
5.1.3 That the wells will not adversely impact the yield of existing or potential
future wells within an 800 m radius when pumped at the maximum
continuous rate specified by the qualified professional.
5.1.4 A calculation using standard hydrogeological analytical methods of the
drawdown, if any, induced at nearby wells by the proposed new wells.
5.1.5 Water quality tests have been conducted on each well within the
subdivision as identified in section 2.6 of this schedule, can be met.
(a)
If additional treatment is necessary that shall also be included in
this reporting.
5.1.6 The well driller (named) and well testers (named) are members in good
standing with the British Columbia Ground Water Association.
6.
RESTRICTIONS AND COVENANTS
6.1
Water quality covenants shall, in connection with Final Subdivision Approval, be
voluntarily registered on title of each property stating quality concerns (if any),
quantity concerns (if any), outlining required water treatment systems (if any) and
notifying any potential purchasers that the City is not responsible for either water
quality or quantity in the short-term or long-term and the City will be released and
indemnified from any claims related to the quality or quantity of water, the use of
the wells, or any future requirement to extend municipal water to the property.
Conditions not addressed in the "Guidelines for Canadian Drinking Water
Quality", published by the Ministry of Health Canada may also be identified in this
covenant.
6.2
Water quality covenants shall also state that it is the owner's responsibility to
monitor and perform regular water testing to ensure water quality has not
changed and that the water quality still conforms to the Guidelines for Canadian
Drinking Water Quality as recommended by Health Canada as amended from
time to time.
6.3
Covenants may also, in connection with Final Subdivision Approval, need to be
voluntarily registered on each property restricting or governing use of
groundwater for irrigation purposes.
7.
TESTING PROCEDURES
7.1
Well development shall be in conformance with the Water Sustainability Act
Groundwater Protection Regulation, as amended, and, in general, to the
standards established for community water supply wells.
7.2
Consideration shall also be given by the Professional Geoscientist or a
Professional Engineer to incorporate "Guidelines for Groundwater Reports and
Well Testing in Support of a CPCN (Certificate of Public Convenience and
Necessity)", as amended from time to time, from the Provincial Ministry of Water
Lands and Natural Resources.
BYLAW NO. 4-35
SCHEDULE "G"
PAGE 190
Schedule "G"
Geotechnical Report Requirements
1.
If required by the Approving Officer or the Building Official in accordance with Division
Five, General Regulations and Conditions, of this bylaw, an Applicant shall submit a
geotechnical report prepared and certified by a Geotechnical Engineer or Professional
Geoscientist experienced in geotechnical engineering.
2.
The geotechnical report shall pertain to the area proposed for subdivision or Building
Permit, if appropriate, to such additional surrounding lands as may be required by the
Approving Officer or the Development, Engineering, and Sustainability Director and shall
include, but shall not be limited to, the following information:
2.1
Topography of the site;
2.2
Geologic materials and their distribution and engineering properties;
2.3
Surface drainage pattern and/or flooding;
2.4
Groundwater regime;
2.5
Climate, including the potential for frost action on susceptible soils;
2.6
Possible hazards associated with the development of the site;
2.7
Recommendations for subdivision and/or development;
2.8
Where special footing designs are required, recommended design, and in
addition:
2.8.1 Maps or plans as necessary to accurately illustrate site conditions;
2.8.2 Logs of drill holes, test pits, trenches or other exploratory works carried
out; and
2.8.3 Results of any field or laboratory tests.
3.
Where the geotechnical investigation includes drill holes, test pits, trenching, or
other exploratory work, such work shall be located by accurate survey and the
position of all such excavations shown on an appropriate site plan.
BYLAW NO. 4-35
SCHEDULE "H"
PAGE 191
Schedule "H"
Requirements for Conversion of Existing
Side-by-Side Two-Unit Dwellings into Individually Titled, Semi-detached Lots
1.
GENERAL INFORMATION
1.1
Applicants for conversion of an existing two-unit dwelling (duplex) into individually
titled, semi-detached lots shall submit a PLA application form and the current
subdivision application fee to the City in accordance with Section 4.1of this
bylaw.
1.2
A complete application shall, in addition to the standard application requirements
outlined in Division Seven of this bylaw, contain the submission of a declaration
from an architect or Professional Engineer as to the integrity of the building
("Declaration of Building Condition") using the Building Condition Assessment
Form.
1.2.1 The Declaration of Building Condition will evaluate the condition of the
building, compare construction methods to the requirements of the
current British Columbia Building Code, and identify any areas where the
building does not meet the health and safety requirements of the current
British Columbia Building Code.
1.2.2 The Declaration of Building Condition must specifically address the
following:
(a)
Age and repair of all buildings or structures, physical condition,
and state of repair;
(b)
General condition and repair of the foundation;
(c)
Heating, plumbing, and electrical systems and fixtures;
(d)
Roof structure and condition;
(e)
Fire and sound separations;
(f)
Compliance with access, egress, and exiting requirements;
(g)
Spatial separation from other buildings and/or properties as
appropriate;
(h)
Methodology used to evaluate the building and source of
information on which the report is based; and
(i)
Disclosure of any direct or indirect interest the author may have in
the building or ownership.
BYLAW NO. 4-35
SCHEDULE "H"
PAGE 192
2.
PROCESS
2.1
Each application shall be processed in a manner similar to a conventional
subdivision application, and in addition, the Building Official shall review the
Declaration of Building Condition to determine any structural upgrading
requirements.
2.2
Any required structural upgrading shall be completed in accordance with a valid
municipal building permit.
2.3
On completion of the review process, the Approving Officer shall consider the
application for Preliminary Layout Approval.
3.
PRELIMINARY LAYOUT APPROVAL
3.1
In evaluating Preliminary Layout Approval, in addition to the requirements
outlined in Division Seven of this bylaw, the Approving Officer shall consider:
3.1.1 Life expectancy of the building;
3.1.2 Projected major increases in maintenance costs due to the condition of
the building;
3.1.3 Ability to upgrade the building to meet the health and safety requirements
of the current building code;
3.1.4 Conformance of the structure and the proposed lots with the City's Zoning
Bylaw and Official Community Plan; and
3.1.5 Provision of independent utility service connections to each proposed lot
and dwelling unit.
3.2
The Approving Officer may also consider other matters that are considered to be
relevant.
3.3
The Approving Officer shall not implement parkland dedication requirements or
development cost charges where additional residential floor area is not created.
3.3.1 If undeveloped parcel(s), with future development potential are created,
parkland dedication and development cost charges shall be assessed for
the incremental increase in developable land.
4.
FINAL SUBDIVISION APPROVAL
4.1
Applicants must apply for Final Subdivision Approval in accordance with the
requirements of Division Nine of this bylaw.
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4.1.1 If, in accordance with the PLA, structural upgrades are to be completed
prior to Final Subdivision Approval, completion of all such upgrades shall
be dealt with in accordance with Sections 9.4 or 9.5 of this bylaw (as the
case requires).
4.1.2 Work required to improve the building structure and address all health
and safety requirements must be completed under a valid building permit
prior to Final Subdivision Approval. This work may not be secured in
accordance with Section 9.5 of this bylaw.
4.1.3 Party wall agreements (by registered easement) and covenants
prohibiting secondary suites or limiting density of development of the lots
created to comply with the maximum density permitted on the parent
parcel may need to be voluntarily registered by the Applicant in
connection with Final Subdivision Approval.
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SCHEDULE "I"
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Schedule "I"
Requirements for Strata Title Conversion of Previously Occupied Buildings
1.
SEVEN OR MORE RESIDENTIAL DWELLING UNITS
1.1
Pursuant to Section 242 of the Strata Property Act, the municipal council of a
municipality is, by default, the approving authority for the purposes of strata title
conversion of previously occupied buildings. In the City, Council shall be the
approving authority for previously occupied residential buildings with seven or
more dwelling units.
2.
UP TO SIX RESIDENTIAL DWELLING UNITS, COMMERCIAL AND INDUSTRIAL
BUILDINGS
2.1
Pursuant to Subsection 3.6.3 under Division Three of this bylaw, the powers and
performance of duties of the approving authority under Section 242 of the Strata
Property Act have been delegated to the Approving Officer with respect to the
following types of previously occupied buildings:
2.1.1 Residential buildings with up to six (6) dwelling units;
2.1.2
Commercial buildings; and
2.1.3 Industrial buildings.
3.
References in this schedule to the "approving authority" shall mean Council or the
Approving Officer, as the case may require in accordance with Sections 1 and 2 of this
Schedule "I" above.
4.
Applicants for strata title conversion of previously occupied buildings shall apply for
subdivision of land and the current subdivision application fee to the City in accordance
with Division Seven of this bylaw.
4.1
A complete application shall, in addition to the standard application requirements
outlined in Division Seven of this bylaw, contain the submission of a declaration
from an architect or engineer as to the integrity of the building ("Declaration of
Building Condition") using the Building Condition Assessment Form.
4.1.1 The Declaration of Building Condition shall:
(a)
Evaluate the condition of the building;
(b)
Compare construction methods to the requirements of the current
building code;
(c)
Identify any areas where the building does not meet the health
and safety requirements of the current building code
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(d)
Address the age and repair of all buildings or structures, physical
condition and state of repair;
(e)
Address the general condition and repair of the foundation;
(f)
Address the heating, plumbing, and electrical systems and
fixtures;
(g)
Address the roof structure and condition;
(h)
Address the elevator or other mechanical lift;
(i)
Address the fire and sound separations;
(j)
Address the pool or other common amenities;
(k)
Address the compliance with access, egress, and exiting
requirements;
(l)
Spatial separation from other buildings and/or properties as
appropriate;
(m)
Address the methodology used to evaluate the building and
source of information on which the report is based; and
(n)
Address the disclosure of any direct or indirect interest the author
may have in the building or ownership.
4.2
In addition, as may be required in the circumstances, a copy of the "Notice of
Application" sent to all tenants, as required by the Residential Tenancy Act, shall
be submitted with the application.
5.
PROCESS
5.1
Each application shall be processed in a manner similar to a conventional strata
subdivision application, and in addition, the Building Official shall review the
Declaration of Building Condition to determine any structural upgrading
requirements.
5.1.1 Any required structural upgrading shall be completed in accordance with
a valid municipal building permit.
5.2
On completion of the structural upgrading requirements and interdepartmental
review by the City, the City's Planning and Development Division shall provide a
report to the approving authority.
5.2.1 As applicable, the report shall address compliance of the development
with City bylaws, the impact of the proposed strata on the rental housing
market, impact on the existing tenants, and the condition of the structure.
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6.
PRELIMINARY LAYOUT APPROVAL
6.1
In evaluating PLA, the approving authority shall consider:
6.1.1 Availability and priority of rental accommodation over privately owned
housing in the area;
6.1.2 Proposals of the developer for the relocation of persons occupying the
building;
6.1.3 Life expectancy of the building; and
6.1.4 Projected major increases in maintenance costs due to the condition of
the building.
6.2
The approving authority may also consider other matters that are considered to
be relevant.
6.3
The approving authority shall not implement parkland dedication requirements or
development cost charges where additional residential or
commercial/industrial/institutional floor space is not created.
6.3.1 If undeveloped parcel(s), with future development potential, are created,
parkland dedication and development cost charges shall be assessed for
the incremental increase in developable land.
7.
FINAL SUBDIVISION APPROVAL
7.1
Applicants must apply for Final Subdivision Approval in accordance with the
requirements of Division Nine of this bylaw.
7.1.1 Subdivision (Strata) Plans shall be signed by the approving authority
upon approval.
7.2
If, in accordance with the PLA, structural upgrades are to be completed prior to
Final Subdivision Approval, completion of all such upgrades shall be dealt with in
accordance with Sections 9.4 or 9.5 of this bylaw (as the case requires).
7.3
Work required to improve the building structure and address all health and safety
requirements must be completed under a valid building permit prior to Final
Subdivision Approval and may not be secured in accordance with Subsection 9.5
of this bylaw.
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Schedule "J"
Requirements for Protection of Public Open Space and Parkland
1.
GENERAL INFORMATION
In order to ensure land that is, or is intended to be dedicated as, public open space or
parkland is adequately protected from damage during site grading, excavation, or from
construction activity, the following will be required in circumstances where public open
space or parkland will be created or affected by subdivision:
1.1
An application for a building permit, earthworks permit, or grading to be
completed in conjunction with a subdivision shall include a detailed site grading
plan.
1.1.1 The site grading plan shall show existing and final grades and temporary
and permanent means of preventing soil from encroaching onto adjoining
open space.
1.2
Permanent fencing consisting of minimum 1.5 m tall black chain-link or other
standard as specified by the Civic Operations Director shall be erected on the
property line that borders all open space or parkland areas prior to any site work
associated with a building permit, earthworks permit or subdivision grading.
1.2.1 The fencing shall remain after finalization of related development activity.
1.3
Prior to circulation of copies of the registered subdivision plans, the planner
responsible for the subdivision shall identify all parkland and City-owned open
space on the plans.
1.4
Where a building permit or earthworks permit application is received for a lot
abutting open space or parkland areas, the permit shall include notification that
the permittee will be liable for damage to adjoining open space or parkland areas
and that all restoration costs will be assessed to the permittee.
1.5
Failure to contain soil and debris to the owner's property will result in
enforcement in accordance with the City's Building Regulations Bylaw or the
City's Earthwork Control Bylaw and any other applicable bylaw(s).
1.6
After issuance of an Occupancy Permit for a building or finalization of the
subdivision application, the placement of debris on City-owned open space or
parkland shall be monitored by the City's Civic Operations and/or Community
Services staff.
1.7
It shall be the responsibility of the Applicant, where land adjacent to or within a
subdivision designated as park, open space, or otherwise not intended for
development is disturbed or damaged during the process of subdivision or
development, to restore such land to as nearly as possible its original state, and
to replace the natural surface cover by hydroseeding or such other restorative
process(es) as the Approving Officer in consultation with the Civic Operations
Director may require.