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T O W N O F L A D Y S M I T H
"Subdivision and Development Servicing
Bylaw 2013, No. 1834"
Consolidated Version as on June 27, 2024
(This consolidation is authorized by "Bylaw Revision Bylaw 2022, No. 2090")
________
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be
consulted for all interpretations and applications of the bylaws of this subject
October 7, 2013
Includes Amendment Bylaw Nos.: 1932, 2183
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 2
TOWN OF LADYSMITH
BYLAW NO. 1834
A bylaw to regulate the servicing of developments
WHEREAS Council may appoint a person to be called an Approving Officer to exercise the
jurisdiction conferred on him by the Land Title Act or the regulations or any other Act or
regulations;
AND WHEREAS the Approving Officer appointed by the Town of Ladysmith has
established
procedures for examining proposed subdivisions;
AND WHEREAS the Council may by bylaw impose subdivision application fees pursuant
to
Section 931 of the Local Government Act;
AND WHEREAS Council may by bylaw regulate and require the provision of works and
services in respect of the subdivision or development of land, pursuant to Section 938 of
the
Local Government Act;
NOW THEREFORE the Council of the Town of Ladysmith in open meeting assembled
enacts as follows:
TABLE OF CONTENTS
1.
The provisions of this Bylaw apply to the whole of the Town of Ladysmith and are
divided into five parts and seven schedules dealing with the following subjects:
Part I
- Interpretation
Part II
- Application, Administration and Enforcement
Part III
- Subdivision Application Procedure
Part IV
- Conditions of Subdivision Approval
Part V
- Title and Repeal
Schedule A
- Servicing Agreement
Schedule B
- Maintenance Agreement
Schedule C
- Works and Services Agreement
Schedule D
- Waiver Agreement
Schedule E
- Municipal Specifications and Drawing Standards
Schedule F
- Rights-of-Way
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 3
Schedule G
- Letter of Credit
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 4
PART I - INTERPRETATION
1.01
In this Bylaw or in any resolution of Council passed relating to this Bylaw, unless the
context otherwise requires:
"Access" means a method of approach to a parcel from a street, typically considered a
driveway;
"Access Strip" means an access strip as defined in the zoning bylaw; means that part of a
panhandle lot that provides access to a street;
"Agreement" means a Construction Agreement, a Maintenance Agreement or a Works and
Services Agreement; and is a legally binding agreement between the owner of the land being
subdivided and the Municipality, in the form attached hereto as Schedules A, B, and C, which
details the Works and Services required to be completed or which have been completed in
connection with the subdivision;
"Approval" means approval by the Approving Officer of the subdivision pursuant to the
Land Title Act or the Condominium Act;
"Approving Officer" means the officer so appointed by Council resolution according to the
provisions of the Land Title Act;
"Arterial Street" means a street which is designed to carry traffic from collector streets to
other streets and also usually provides direct access to properties;
"Boulevard" means that portion of a highway between the curb lines or the lateral boundary
lines of a roadway and the adjoining parcel or between curb on median strips or islands, but
does not include any curbs, sidewalks, ditches or driveways;
"Building Code" means the British Columbia Building Code, latest edition.
"Collector Street" means a street whose primary function is to carry local traffic to other
streets, and which also usually provides direct access to properties;
"Common Access" means an access used by two or more adjoining parcels;
"Community Sanitary Sewer System" means a sewage collection and disposal system
owned and operated by the Town;
"Community Storm Drainage System" means a system of drains or drainage collection
works owned and operated by the Town;
"Community Water System" means a waterworks treatment and distribution system
owned and operated by the Town;
Bylaw
2183
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 5
"Council" means the elected Council of the Town;
"Cul-de-sac" means a collector street which has only one connection to the street system
and which cannot reasonably be extended and which terminates in an area for the turning of
motor vehicles;
"Developer" means the Applicant;
"Engineer" means the Director of Infrastructure Services of the Town appointed by Council
or such other person as may, from time to time, be appointed by the Engineer to act on his
behalf;
"Final Approval" means the signing by the Approving Officer of the subdivision plan in order
to permit registration of the subdivision in the Land Titles Office;
"Front Parcel Line" means the lot line common to the lot and an abutting street, or where
there is more than one lot line common to abutting streets, the shortest of these lines;
"Lane" means a street intended to provide secondary access to parcels of
land;
"Maintenance Period" means the length of time that the works and services installed in
connection with the subdivision are to be maintained free of defects by the developer and at
his expense;
"Major Arterial Street" means a street which is designed to carry through traffic and which
also usually provides direct access to properties;
"Natural Boundary" means the visible high water mark of any lake, river, stream or other
body of water where the presence and action of the water are so common and usual, and so
long continued as to mark on the soil of the bed of the body of water a character distinct
from that of its banks, in vegetation and the nature of the soil;
"Ornamental Street Light" means a free-standing pole, other than wood, with attached
luminaire;
"Panhandle Parcel" means a Panhandle Parcel as defined in the zoning bylaw; means any
parcel which is serviced and accessed through a narrow strip of land (access strip) which is an
integral part of the parcel;
"Parcel" means any lot, block or other area in which land is held or subdivided, but does not
include a street;
"Professional Engineer" means a person who is registered or duly licensed as such to
practice within the Province of British Columbia, pursuant to the Engineering Profession
Bylaw
2183
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 6
Act;
"Proposer" means a person applying for the approval of a subdivision, whether as the owner
of the property proposed to be subdivided or as the agent authorized in writing by the
owner;
"Public Utility" means the lawful distribution or distributor of electricity, gas, telephonic or
television signals under the Utilities Commission Act, the Local Government Act, or a Statute
of Canada;
"Right-of-Way" includes land or an interest in land acquired for the purpose of:
(l)
public rights of passage with or without vehicles;
(2)
constructing, maintaining, or operating any railway; or
(3)
erecting and maintaining any pole-line; or
(4)
laying, placing, operating, inspecting, replacing, repairing and maintaining drains,
ditches, water courses, pipes, transmission lines, or wires for the conveyance,
transmission, or transportation of water, gas, electrical power, communication, or for
the disposal of sewage or drainage;
or any right-of-way of a like nature or for any purpose necessary for the operation and
maintenance of the undertaking;
"Roadway" means the travelled portion of the street that is improved, designed or ordinarily
used for vehicular traffic;
"Sidewalks" means a public way for pedestrian traffic, and includes trails and walkways;
"Street" means major arterial, arterial, collector streets, road, bridge, viaduct, lane and any
other way open to public use, but does not include a private right-of-way on private
property;
"Subdivision" means the division of land into two or more parcels, whether by plan, apt
descriptive words, or otherwise;
"Town" means the area encompassed by the boundaries of the Town of Ladysmith;
"Water Course" means any natural drainage course or source of water, whether usually
containing water or not, and includes any lake, river, creek, spring, ravine, swamp, gulch or
source of ground water whether enclosed or in a conduit;
"Works and Services" means the streets, drainage, water and sewer systems, fire hydrants,
boulevard crossings, transit bays, the sidewalks, boulevards, street lighting, underground
wiring, public utilities, or any other works to be provided for in a subdivision of land under
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 7
this Bylaw;
"Zone" means a land use designation created by the Zoning Bylaw of the Town and all
amendments thereto.
1.02
Unless otherwise defined herein, any word or expression in this Bylaw shall have the
same meaning as any similar word or expression contained in the Local Government
Act.
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 1
PART II - APPLICATION, ADMINISTRATION AND ENFORCEMENT
2.0l
Application
The provisions of this Bylaw apply to all lands within the area incorporated as the Town of
Ladysmith. This Bylaw does not apply to any subdivision for which application was made
prior to the date of coming into force of this Bylaw provided that such application is
completed within 12 months of adoption of this Bylaw.
2.02
Purpose
The purpose of this Bylaw is to regulate the subdivision and development of land and the
arrangement, design and construction of highways, works and services, in order to:
(a) Promote orderly, efficient, economical and aesthetically pleasing development;
(b) Ensure that subdivisions and developments are developed in harmony with the
environment and are suited to the use for which they are intended.
2.03 Other Bylaws and Enactments
This Bylaw should be used in conjunction with the Schedules to this bylaw, the current
Town of Ladysmith Zoning Bylaw and the current Ladysmith Community Plan. Users of
this Bylaw are advised that they should also be knowledgeable of the requirements of
other applicable enactments including without limitation the:
(a) Land Title Act;
(b) Local Government Act;
(c) Community Charter
(d) Strata Property Act and Bare Land Strata Regulations;
(e) Agricultural Land Commission Act;
(f) Real Estate Act;
(g) Land Survey Act;
(h) Forest Land Reserve Act;
(i) Waste Management Act;
(j) Highway Act;
(k) Builders Lien Act;
(l) Water Act.
2.04 Works and Services Requirement
As a condition of
a) The approval of a subdivision, or
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 2
b) The Issuance of a Building Permit, where the value of construction, as determined
by the Building Bylaw, is greater than $50,000
The owner of the land is required to provide works and services in accordance with the
standards established in this Bylaw, on that portion of a highway immediately adjacent to
the site being subdivided or developed, up to the center line of the highway.
(i) Despite Section 2.04 the owner of a single family residential parcel may be
exempt from providing curb, sidewalk and street trees on that portion of a highway
immediately adjacent to the site at time of issuance of a Building Permit, if the
Director of Infrastructure Services determines that the existing highway
infrastructure adjacent to the site is consistent with the neighbourhood standard.
2.05 Subdivision Approval or Rejection
Every application for the subdivision of land shall be made to the Approving Officer.
2.06
Final Approval
No land within the Town shall be subdivided until final approval by the Approving Officer has
been obtained.
2.07
Authorization to Enter
The Approving Officer and/or the Engineer, being officers of the Town, are authorized to
enter at all reasonable times, upon the lands for which application to subdivide has been
made, in order to ascertain whether or not the provisions of this Bylaw are being provided.
2.08
Penalty
Any person who violates any of the provisions of this bylaw shall, upon summary conviction,
be liable to a penalty not exceeding Two Thousand ($2,000.00) Dollars, plus the cost of
prosecution. Every day that the violation continues constitutes a separate offence.
2.09
Severability
If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction, the
validity of the remaining portions of this bylaw shall remain in full force and effect.
Bylaw 1932
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 1
PART III - SUBDIVISION APPLICATION PROCEDURE
3.01
Optional Preliminary Layout Review
(a)
Process:
Prior to submitting a formal application for subdivision approval as required in Part IV
of this Bylaw, the Proposer may submit in writing to the Approving Officer, a proposal
for preliminary layout review which shall state the name and postal address of the
Proposer and the legal description and address of the parcel to be subdivided, and
which shall be signed by the owner of the parcel. No examination fees or state of
taxes need be submitted at this time.
(b)
Information Needed:
The preliminary proposal shall be accompanied by a sketch plan drawn to a scale of
not less than l:2000 clearly indicating
(i)
the dimensions and full legal description of the parcel or parcels to be
subdivided;
(ii)
the arrangement of the parcels and streets which would be created by the
subdivision including the widths of the proposed streets and the approximate
dimensions of the proposed parcels and any proposed alterations of lot lines
or subdivision of any existing parcels;
(iii)
existing property lines and streets to be eliminated by the proposed
subdivision;
(iv)
the relationship of the proposed subdivision onto adjacent streets and the
connections of proposed new streets thereto;
(v)
existing buildings accurately located and identified;
(vi)
utility and other rights-of-way located and identified;
(vii)
watercourses and waterfrontages;
(viii)
the intended use of each parcel to be created by the subdivision;
(ix)
the name and postal address of the Proposer.
(c)
Additional Information
The Approving Officer may require the Proposer for preliminary layout review to
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 2
furnish:
(i)
such topographic information as may be required;
(ii)
such additional information as may be required to determine the suitability of
the area for subdivision or the suitability of the size, shape, and orientation of
the parcels required.
(d)
Approving Officer Review
(i)
Within two (2) months of the receipt of the proposal for preliminary
layout review, or of any additional information required under this
Bylaw, the Approving Officer shall, in writing, indicate whether or not
the proposed layout is acceptable for formal application.
(ii)
No letter shall be issued under this Section and no tentative approval
shall be given unless the Proposer first executes an agreement in the
form attached as Schedule D to this Bylaw, confirming that bylaws
adopted by the Council under Part 26 of the Local Government Act
prior to approval of the subdivision plan shall have effect with respect
to the proposed subdivision.
(e)
Revision to Layout
The Approving Officer may suggest revisions to the layout which, if incorporated into
the plan, would enable the Proposer to apply for Subdivision Approval.
(f)
Acceptance of Preliminary Layout
Acceptance of the preliminary layout by the Approving Officer shall:
(i)
be considered only as acceptance in principle of the preliminary layout
proposal;
(ii)
not bind the Approving Officer to grant either tentative plan approval
or final approval;
(iii)
be subject to all Town bylaws and Town plans governing the proposed
subdivision.
3.02
Formal Application
An application for subdivision approval shall be submitted in writing to the Approving
Officer and shall state the name and postal address of the Applicant as well as of the owner
and the legal description and address of the parcel to be subdivided, and shall be signed by
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 3
both the Applicant and the owner or be accompanied by some other valid proof that the
Applicant is authorized to act as agent for the owner for the purpose of subdivision.
3.03
Application Fee
An application for subdivision and development approval shall submit with the application
the fee set out in the Fees and Charges Bylaw of the Town.
3.04
Application Requirements
The subdivision application shall be accompanied by:
(a)
two white paper copies of a subdivision plan prepared by a B.C. Land Surveyor
which shall show areas and dimensions of all lots being created; and, if not
already submitted for preliminary layout review, then
(b)
other information as required in Section 3.0l (c) of this Bylaw;
(c)
a conceptual servicing plan prepared by a Professional Engineer indicating
that the proposed subdivision shall be serviced in accordance with design
criteria stipulated in this Bylaw. This requirement may be waived by the
Approving Officer for small in-fill subdivision;
(d)
an itemized estimate prepared by a Professional Engineer of the cost of
providing all works and services for the subdivision as required by this Bylaw.
This requirement may be waived by the Approving Officer for small in-fill
subdivisions.
3.05
Submission
Compliance with Sections 3.02, 3.03 and 3.04 of this Bylaw constitutes the tendering of the
subdivision plan for examination and approval for the purposes of the Land Title Act and the
Local Government Act.
3.06
Preliminary Plan Approval
Within two (2) months of the receipt of an application for subdivision approval or the receipt
of any additional information which may be required under the Bylaw, the Approving Officer
shall in writing:
(a)
grant conditional or unconditional preliminary plan approval, or
(b)
refuse preliminary plan approval stating explicitly the reason or reasons for
refusal; or
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
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(c)
notify the Applicant that preliminary tentative plan approval is being withheld
pending modification of the plan as he may require.
3.07
Resubmission
Where preliminary plan approval is withheld the Applicant may, within three (3) months, re-
submit to the Approving Officer for approval a revised plan of subdivision without paying a
further examination or application fee.
3.08
Revised Preliminary Plan Approval
The Approving Officer shall, if satisfied that plans submitted under Subsection 3.07 of this
Bylaw meet all the requirements of this Bylaw, grant preliminary approval within seven (7)
days of the receipt of the revised plans.
3.09
Approval to Proceed
(a)
In all cases of preliminary plan approval, the Approving Officer shall explicitly
state in writing all the requirements to be met before final approval can be
given.
(b)
Preliminary plan approval shall:
(i)
be considered as certification to the Applicant by the Approving
Officer that all requirements for final subdivision plan approval have
been met other than those in the letter of preliminary plan approval,
and that work on the subdivision can proceed;
(ii)
be effective only for a period of six (6) months, provided that, upon
written application from the Applicant, the Approving Officer may
extend the preliminary plan approval for a further three (3) months.
3.10
Final Approval
(a)
Following preliminary plan approval, the Proposer shall submit to the
Approving Officer for final approval two (2) mylar transparencies and five (5)
paper prints of the subdivision plan prepared by a B.C. Land Surveyor in a form
acceptable to the Land Title Office, accompanied by:
(i)
written notification by a Professional Engineer to the Approving
Officer certifying completion of all works required under Part IV of this
Bylaw, or a signed agreement in accordance with Section 4.05 (l) of this
Bylaw together with all moneys payable or a letter of credit;
(ii)
a certification from the Collector stating that all taxes which have been
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 5
assessed or estimated on the land proposed for the subdivision have
been paid;
(iii)
payment of any applicable development cost charges and the
administration and inspection fee required under Section 83 of the
Land Title Act, Section 4.05 (n) of this Bylaw; and
(iv)
where the owner of land is required to construct and install works and
services in accordance with the provisions of this Bylaw, the owner
shall provide the Town with a maintenance bond in a form acceptable
to the Approving Officer, equal to l0% of the cost of installing all such
works and services as estimated in accordance with Section 3.04(d) of
this Bylaw and as set out in Schedule A and B of this Bylaw;
(v)
confirmation that all other conditions specified in the letter of
Preliminary Plan Approval, as set out in Section 3.06 of this Bylaw, have
been fulfilled;
(b)
Forthwith upon receipt of the material required in Section 3.l0(a) of this
Bylaw, the Approving Officer shall in writing:
(i)
grant final approval; or
(ii)
notify the Applicant that final approval is being withheld, stating
explicitly the reason or reasons therefor.
(c)
Final approval shall be certified by the return to the Applicant of the
subdivision plan required under Section 3.l0 (a) of this Bylaw, signed and dated
by the Approving Officer in accordance with the provisions of the Land Title
Act.
3.11
As Constructed Drawings
Upon completion of all Works and Services, the owner shall submit "As Constructed"
drawings and "Certification of the Works" installed, both completed by a Professional
Engineer in accordance with the requirements of the Standards, to the Approving Officer.
All aspects of the work shall be carried out in accordance with good engineering practices
and shall meet the requirements of the Standards set out in this bylaw.
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 6
PART IV - CONDITIONS OF SUBDIVISION APPROVAL
A.
DESIGN
4.0l
Compliance with Bylaw
The subdivision of land in the Town of Ladysmith shall be approved only in compliance with
the provisions of this Bylaw, Division (4) of Part 7 of the Land Title Act and Part 26 of the
Local Government Act.
4.02
Suitability
No subdivision will be approved until considered by the Approving Officer under the
provisions of the Land Title Act.
4.03
Area, Shape and Dimensions of Parcels
(a)
No subdivision shall be created in any zone so that any parcel created by the
subdivision has an area in square metres or hectares or a frontage width in
meters less than those set out for the zone in which it is located as set out in
the Town of Ladysmith Zoning Bylaw, as amended.
(b)
The Approving Officer may, in the following situations, exempt a developer
proposing to subdivide land from any prescribed minimum frontage. In the
case of a panhandle parcel, the minimum frontage and panhandle width shall
be 4.3 meters. In the case of cul-de-sac parcels the average of the front and
rear parcel lines shall be not less than the minimum parcel frontage set out in
the Zoning Bylaw.
(b)
The side lot lines of parcel to be created by the subdivision shall be as close as
possible to right angles or radial to street lines, and the Approving Officer shall
ensure that the parcels to be created are logical in shape and dimension.
(c)
Where the requirements are met with respect to the provision of water and
method of sewage disposal, minimum parcel size requirements shall not apply
to a subdivision where:
(i)
two or more parcels will be combined into a single parcel;
(iii)
the effect of the subdivision would not increase the number of parcels,
but would adjust the boundary between existing parcels, provided that
the boundary change did not result in the reduction of either parcel by
ten percent or more of its original size; or
(iv)
an accretion is added to a parcel."
Bylaw
2183
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 7
B.
LAYOUT
4.04
The subdivision shall comply with the following:
(a)
the layout of all streets required in connection with the subdivision are in
accordance with the design criteria specified in Schedule E of this Bylaw with
respect to street and intersection geometrics, spacing, angle, location and
grade;
(b)
sidewalks are provided where required to provide a logical and continuous
pedestrian circulation system throughout the subdivision;
(c)
lanes shall be provided where necessary for servicing, continuity with existing
lanes, or secondary access;
(d)
lane intersections shall have triangular corner cutoffs measuring not less than
3 m each way from the corner;
C.
SERVICING
4.05
Requirements
All works, services and public utilities required in this Part shall be provided by the Applicant
and shall be designed, installed and constructed in accordance with the design criteria,
specifications and standard drawings included as Schedule E of this Bylaw. Any such works
not included in Schedule E of this Bylaw shall be approved by the Engineer.
(a) Highway Provision and Widening
The Applicant shall provide land as set out in Section 938 of the Local
Government Act.
(b) Construction Requirements
All streets within or immediately adjacent to a subdivision shall be designed
and constructed as specified in Schedule E.
(c) Electrical, Telephone and Cablevision Requirements
Underground electrical, telephone and cablevision wiring shall be provided to
every lot created by the subdivision and shall be a requirement for all newly
created streets within a subdivision and for all existing streets within or
immediately adjacent to a subdivision. If the subdivision consists of residential
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 8
infill development of not more than 3 lots along a street which already has
overhead wiring adjacent to the subdivision, underground wiring will not be a
requirement along that street. Installation and construction requirements
shall be those specified by B.C. Hydro, B.C. Tel and Shaw Cable.
(e)
Gas Utility Requirement
Underground gas utility piping and all related works shall be installed, located
and constructed in accordance with the requirements of Schedule E and Fortis
Gas regulations and standards and shall be provided to every lot created by
the subdivision.
(f)
Water System Requirements
Every lot created by a subdivision shall be connected to a suitable point on the
Town water system through a complete and fully operational system of
watermains, water meters, valves, valve chambers, hydrants and other
appurtenances provided by the Applicant, in accordance with Schedule E.
(g)
Sanitary Sewer System Requirements
Every lot created by a subdivision shall be connected to a suitable point on the
Town sanitary sewer system through a complete and fully operational system
of mains, manholes, necessary pumping stations and other appurtenances
provided by the Applicant, in accordance with Schedule E.
(h)
Drainage System Requirements
Every lot created by a subdivision shall be connected to a suitable point on the
Town drainage system through a complete and fully operational system of
mains, manholes, pumping systems, catch basins and other appurtenances
provided by the Applicant, in accordance with Schedule E. Where the
subdivision consists of infill development of not more than 3 lots along an
existing street with ditches, the Approving Officer may approve drainage
connections direct to the existing ditches where the construction of a storm
sewer system would not be technically feasible at this time.
(i)
Integrated Survey Monuments
The owner of any lands which are proposed to be subdivided and which
require the dedication of streets, shall provide control monuments in the
subdivision in the locations and in accordance with the standards as set in
Schedule E.
Where a subdivision survey is carried out within an area declared an
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 9
integrated survey area, all existing and new monuments pertinent to the
survey of the subdivision shall be tied by survey to the nearest coordinate
control monuments according to the procedures and regulations made by the
Surveyor General.
All monuments installed as part of a subdivision shall be tied by survey to the
subdivision survey.
(j)
Excess Services
Where the Applicant is required by this bylaw to construct or replace any
trunk water, sanitary sewer or storm sewer mains beyond the boundaries of
the subdivision or development, or to provide the mains with excess capacity
to the benefit of other lands, the Town may enter into an agreement with the
owner of the lands to be subdivided to share all or part of the cost of any such
trunk water, sanitary sewer, or storm sewer mains as set out in the Local
Government Act. Where the provisions of Section 939 of the Local
Government Act are invoked by Council, the rate of interest charged shall be
six percent per annum.
(k)
Refusal to Approve
Where works and services which would normally be required for the proposed
subdivision or development under Section 4.05 (a), (b), (f) or (g) are part of a
program covered by a Development Cost Charge Bylaw, the Approving
Officer may refuse to approve the subdivision, or the Town may refuse to
issue a Building Permit, until such time as the Town has Development Cost
Charge funds available to pay for its share of the cost of such works unless the
Applicant agrees to provide the services in which case his costs shall be
deducted from the Development Cost Charges normally payable for that
service.
(l)
Completion of Works and Services
All works and services herein required to be constructed and installed at the
expense of the applicant in connection with the subdivision or development of
any lands shall be constructed and installed in compliance with this bylaw, the
Local Government Act and the Land Title Act prior to final approval of the
subdivision by the Approving Officer, or issuance of the Building Permit by the
Town, unless the Applicant
(i)
deposits with the Town, the amount in cash estimated by the
Approving Officer as the cost of installing any paying for all works and
services required by this Subdivision and Development Bylaw, and
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 10
enters into an agreement with the Town to have the Town do the work;
or
(ii)
deposits with the Town cash or an irrevocable letter of credit, in the
form of Schedule G, from a bank or other financial institution in the
amount of l20% of the cost estimated by the Approving Officer of
installing and paying for all works and services required by this
Subdivision and Development Bylaw, and enters into an agreement
with the Town to do the work by a specified date in accordance with
this bylaw or forfeit the amount secured by the deposit to the Town.
(m)
Return of Security
Where the Applicant has deposited cash or a letter of credit pursuant to
Section 940 of the Local Government Act;
(i)
eighty-five percent (85%) of the cash or letter of credit deposited with
the Town will be returned to the Applicant when the constructed works
have been completed in compliance with the requirements of this
Bylaw and the agreement entered into under Section 940 of the Local
Government Act and inspected and approved by the Engineer; and
(ii)
the balance of the cash or letter of credit deposited with the Town will
be returned to the Applicant one year after the date of approval of the
works by the Engineer, provided that no latent deficiencies are found at
the end of the one year period.
(n)
Administration and Inspection Fees
Every Applicant shall, prior to approval of the subdivision plan or building permit and
based on cost estimates acceptable to the Engineer, pay to the Town an
administration and inspection fee calculated in accordance with the following
schedule:
Estimated Cost of Providing
All Works and Services
Required By This Bylaw
Administration & Inspection Fees
$l00,000 & less
6% of estimated cost
$l00,00l to $200,000
$6,000 plus 4.5% of estimated
cost above $l00,000
$200,00l to $300,000
$l0,500 plus 4% of estimated
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 11
cost above $200,000
$300,00l to $500,000
$l4,500 plus 3.5% of estimated
cost above $300,000
Over $500,000
$2l,500 plus 2.5% of estimated
cost above $500,000
Note: All fees are subject to applicable taxes
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 12
PART V - TITLE AND REPEAL
5.01
Citation
This bylaw may be cited for all purposes as "Town of Ladysmith Subdivision and
Development Servicing Bylaw 2013, No. 1834".
5.02
Repeal
"Town of Ladysmith Subdivision Control Bylaw, l115" and all amendments thereto are
hereby repealed.
READ A FIRST TIME on the
3rd
day of
September, 2013.
READ A SECOND TIME on the
3rd
day of
September, 2013.
READ A THIRD TIME on the
3rd
day of
September, 2013.
ADOPTED on the
7th
day of
October,
2013.
_________________________________
Mayor (R. Hutchins)
_________________________________
Corporate Officer (S. Bowden)
"Subdivision and Development Servicing Bylaw 2013, No 1834" (consolidated)
Page 13
SCHEDULE "A"
SERVICING AGREEMENT
THIS AGREEMENT made the
day of
,
BETWEEN:
TOWN OF LADYSMITH
BOX 220, 410 ESPLANADE
LADYSMITH, BRITISH COLUMBIA
V9G1A2
(the "Town")
OF THE FIRST PART
AND:
(the "Developer")
OF THE SECOND PART
WHEREAS:
A.
The Developer intends to develop certain lands within the Town legally described as:
(the "Land");
B.
The Developer intends to construct certain roads and other works and services (the
"Works") within the Lands or adjacent to the Lands, and may wish to subdivide the
Land according to a plan of subdivision (the "Plan") a copy of which is annexed to this
Agreement as Schedule "A" (may not apply to a building permit only); and
C.
The Developer has requested approval of the Plan or issuance of the building permit
prior to the construction and installation of the Works and is agreeable to entering
into this bonding agreement pursuant to Section 940 of the Local Government Act
and to provide the Bond specified by this Agreement.
NOW WITNESSETH that in consideration of the Town accepting this Bond and Agreement
prior to completion of the construction of the Works, the Town and the Developer covenant
and agree as follows:
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 14
Interpretation
1.
In this Agreement
"Complete" or "Completion" or any variation of these words when used with respect to the
Works means completion to the satisfaction of the Municipal Engineer on the date certified
by him in writing.
"Development" includes the construction and completion of all aspects of the Plan,
including, but not limited to, the Works.
"Engineer" means the Director of Infrastructure Services of the Town appointed by the
Council, or any other person from time to time duly authorized to act in his stead by the
Council or the Engineer.
"Municipal Engineer" means the Director of Infrastructure Services.
"Works" means the Works and Services to be performed and constructed by the Developer
for the approval of the Plan by Section 938 of the Local Government Act , or the completion
of works immediately adjacent to the Land, and the bylaws of the Town and described in
Schedule "B" to this Agreement.
Time for Completion
2.
The Developer shall complete the Works to the satisfaction of the Engineer by the
_____ day of ________________, _ _.
Bond
3.
(1)
As security for the due and proper performance of all of the covenants and
agreements contained in this Agreement and the Works contemplated, the
Developer has deposited with the Town cash in the amount of $_____________ as
a Bond within the meaning of Section 940 of the Local Government Act (the
"Bond").
Or
(1)
(a)
As security for the due and proper performance of all of the covenants
and agreements contained in this Agreement and the Works
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 15
contemplated, the Developer has deposited with the Town an
irrevocable Letter of Credit in the amount of $__________ (the "Bond") to
be valid for a period of twelve (12) months from the date of this
Agreement.
(b)
The Town may make demand on the Bond at any time after the date of
this Agreement.
(c)
The Developer is entitled to renew this Agreement if the Bond has
been demanded.
(d)
The amount of the Bond may be reduced at any time with the approval
of the Town in writing evidenced by the signature of the Approving
Officer.
(2)
The Developer agrees that if the Works are not Completed by the date stated
in Section 2, the Town may Complete the Works, at the cost of the Developer,
and for that purpose may draw down upon the Bond the full amount of the
Bond.
(3)
If there are insufficient monies contained in the Bond to Complete the Works
the Developer shall pay the balance of the insufficiency forthwith upon invoice
for it sent by the Town.
(4)
The Town may Complete the Works either by itself or by contractors
employed by it.
(5)
If the Developer Completes the Works or if the Completion of the Works
costs less than the amount of the Bond, then the Bond or a proportional part
of it shall be returned by the Town to the Developer.
(6)
The cost of the Works shall include the actual cost of construction of them
plus engineering, supervision, legal, survey and other costs.
(7)
An administration fee in the amount of 2 percent of the amount of the Bond, to
a maximum of $2,000.00 shall be made payable to the Town at the time the
Bond is provided.
Rights-of-Way
4.
Upon Completion of the Works, the Developer shall transfer and register in the Land
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 16
Title Office the easements and rights-of-way prescribed by Schedule "B" to the
persons or corporations requiring them.
Standards of Works
5.
(1)
The Works shall be constructed to the standards required by the Subdivision
Control Bylaw of the Town and to the satisfaction of the Engineer.
(2)
If the Works prove to be in any way defective or do not operate as designed
and intended then the Developer shall, at the expense of the Developer,
modify and reconstruct the Works so that they are fully operative and
function to the satisfaction of the Engineer. Upon Completion of the Works to
the satisfaction of the Engineer a Certificate of Substantial Completion signed
by the Developer's Engineer shall be issued.
Comply with Regulations
6.
(1)
The Developer shall comply with the provisions of all Town Bylaws
throughout the construction of the Works.
(2)
In the event that any material or debris should be left upon any road after the
construction of the Works, the Developer covenants and agrees that the
Town may forthwith remove the material or debris at the expense of the
Developer, and the cost of the removal shall be determined by the Engineer.
(3)
In the event that any invoice of the Town for the removal of material or debris,
remains unpaid after thirty (3)) days of its receipt by the Developer, the Town
may deduct the amount of the invoice from the Bond required by Section 3.
Developer's Engineer
7.
(1)
At all times during the construction of the Works, the Developer shall keep
and employ an professional engineer, registered in the Province of British
Columbia, with the authority to act on behalf of the Developer.
(2)
Any explanations, orders, instructions, directions and requests given by the
Town to the Developer's professional engineer shall be deemed to have been
given to the Developer.
Changes in Standards
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 17
8.
The Developer covenants and agrees to comply with any changes in subdivision
requirements or standards established by bylaw prior to the substantial
commencement upon the Land of the Work contemplated by this Agreement and
further agrees that the changes shall affect the Plan and Works.
Maintenance of Works
9.
(1)
The Developer covenants and agrees to:
(a)
maintain the Works in complete repair for a period of one (1) year from
Completion;
(b)
remedy any defects in the Works appearing within a period of one (1)
year from the date of Completion and pay for any damage to other
work or property resulting from the Development, save and except for
defects caused by reasonable wear and tear, negligence of the Town,
its servants or agents, acts of God, or vandalism proven to have been
committed after the date of Completion;
(c)
leave with the Town for a period of one (1) year from the date of
Substantial Completion the sum of ______________________________ dollars
($___________) as Security.
(2)
If the Developer fails to maintain the Works, remedy any defect or pay for any
damage resulting from the Works, the Town may deduct from the Bond the
cost of completing all Works, remedying any defect or paying for any damage.
Duties of Developer
10.
The Developer covenants and agrees, prior to the final approval of the Plan, to:
(a)
submit to the Town final as-built drawings, including 2 complete sets of prints,
5 additional copies of the overall design plan (key plan), and 1 set of mylar
transparencies of all Works as constructed and as approved by the Engineer;
(b)
pay all arrears of taxes outstanding against the Land;
(c)
pay to the Town, in addition to the Bonds required by Section 3 and 9, all
inspection fees. administration fees, engineering fees, non-refundable levies
and charges, legal costs incurred by the Town directly attributable to this
Agreement, and the cost of connecting all utilities to service the Development.
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 18
Indemnity
11.
The Developer covenants and agrees to save harmless and effectually indemnify the
Town against:
(a)
all actions, proceedings, costs, damages, expenses, claims and demands
whatsoever and by whomsoever brought by reason of the Development;
(b)
all expenses and costs which may be incurred by reasons of this Agreement
resulting in damage to any property owned in whole or in part by the Town or
which the Town by duty or custom is obliged, directly or indirectly, in any way
or to any degree, to construct, repair or maintain; and
(c)
all expenses and costs which may be incurred by reason of liens, non-payment
of labour or materials, Workers' Compensation assessment, unemployment
insurance, Federal and Provincial Tax, or union dues check off, by reason of
the Development.
Town's Duty
12.
The Town hereby covenants and agrees with the Developer to permit the Developer
to perform all Works upon the terms and conditions contained in this Agreement.
Certificate of Acceptance
13.
The Town agrees to provide the Developer with a Certificate of Acceptance of the
Works signed by the Engineer upon satisfactory completion by the Developer of all of
the covenants and conditions in this Agreement, including but not limited to, the
maintenance of the Works and keeping them in complete repair for a period of one
(1) year.
Withhold Building Permit
14.
The Developer covenants and agrees that the Town may withhold the granting of a
Building Permit for any building or part of a building to be constructed upon the Land
until the issuance of the Certificate of Substantial Completion referred to in Section
5.
No Representations
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 19
15.
It is understood and agreed that the Town has made no representation, covenants,
warranties, guarantees, promises or agreements with the Developer other than those
in this Agreement and except those required by the Approving Officer.
Town Property in Works
16.
Upon issuance of the Certificate of Acceptance the Works become the property of
the Town, free and clear of any claim by the Developer or any person claiming
through the Developer, and the Developer shall save harmless the Town from any
claims and agrees that any claims may, at the option of the Town, be paid by and from
the Bond.
Terminology
17.
Wherever the singular or the masculine are used in this Agreement, they shall be
construed as meaning the plural or the feminine or body corporate or politic where
the context or the parties require.
Binding Effect
18.
This Agreement shall enure to the benefit of and be binding upon the parties hereto,
their respective successors and permitted assignees.
Headings
19.
The headings in this Agreement are inserted for convenience only and shall not be
construed as part of this Agreement for the purpose of interpretation.
IN WITNESS the parties have signed and sealed this Agreement on the day it was made.
THE CORPORATE SEAL OF THE
)
TOWN OF LADYSMITH was
)
affixed in the presence of:
)
)
)
_________________________________
)
Mayor
)
)
_________________________________
)
Clerk
)
BYLAW 1834 - SCHEDULE "A" - SERVICING AGREEMENT
Page 20
THE CORPORATE SEAL OF THE
)
DEVELOPER was affixed in
)
the presence of:
)
)
)
__________________________________
)
)
)
__________________________________
)
)
SCHEDULE "B"
MAINTENANCE AGREEMENT
THIS AGREEMENT made on the
day of
, .
BETWEEN:
TOWN OF LADYSMITH
BOX 220, 410 ESPLANADE
LADYSMITH, BRITISH COLUMBIA
V9G1A2
(hereinafter called the "Town")
OF THE FIRST PART
AND:
(hereinafter called the "Developer")
OF THE SECOND PART
WHEREAS the Developer desires to develop certain lands within the Town, more
particularly known and described as:
(hereinafter called the "Land")
AND WHEREAS the Developer has applied to subdivide the Land, according to a plan of
subdivision, or has applied for a building permit to build on the Lands, a copy of which is
hereunto annexed as Schedule "A";
AND WHEREAS the Developer constructed certain Works and Services (herein called the
"Works"), more particularly described in Schedule "B" hereto;
AND WHEREAS the Developer has requested approval of the Subdivision, or issuance of the
building permit prior to the expiration of a period of one year from the completion of the
construction and installation of the Works and is agreeable to entering into this Bonding
Agreement and to deposit the Bond herein specified;
NOW THIS AGREEMENT WITNESSETH that, in consideration of the premises and in
consideration of the agreement by the Town to permit the Development and in
consideration of the approval of the subdivision plan, the Town and the Developer herein
covenant and agree as follows:
1.
The development was considered complete by the Engineer on the _______ day of
____________, ___ __ (the date of Completion).
BYLAW 1834 - SCHEDULE "B" - MAINTENANCE AGREEMENT
Page 22
2.
As security for the due and proper performance of all of the covenants and
agreements in this Contract contained, the Developer has deposited with the Town:
(a) cash in the amount of $______________________.
Or
(b)
an irrevocable Letter of Credit in the amount of $_______________________, a copy
of which is attached hereto (hereinafter called the "Bond") to be valid for a
period of twelve (12) months from the date hereof. PROVIDED HOWEVER,
that the Town shall be at liberty to make demand on the said Letter of Credit
at any time after the date hereof.
3.
The Developer covenants and agrees to:
(a)
maintain the Works in complete repair for a period of one (1) year from the
date of Completion;
(b)
remedy any defects appearing within a period of one (1) year from the date of
Completion and pay for any damage to other work or property resulting from
the Development, save and except for defects caused by reasonable wear and
tear, negligence of the Town, its servants or agents, or acts of God or by
vandalism proven to have been committed after the date of Completion.
4.
The Town hereby agrees to permit the Developer to perform all the said maintenance
herein under the terms and conditions herein contained. If the Developer fails to
maintain the Works, remedy any defect or pay for any damage resulting from the
Works, the Town may deduct from the Bond the cost of maintenance, remedying any
defect or paying for any damage.
5.
The Developer shall, at all times in connection with the Development, keep and
employ a professional engineer, registered as such in the Province of British
Columbia, with the authority to act on behalf of the Developer. Any explanations,
orders, instructions, directions and requests given by the Town to such professional
engineer shall be held to have been given to the Developer.
6.
The Developer covenants to save harmless and effectually indemnify the Town
against:
(a)
all actions and proceeding costs, damages, expenses, claims and demands
whatsoever and by whomsoever brought by reason of the Works;
BYLAW 1834 - SCHEDULE "B" - MAINTENANCE AGREEMENT
Page 23
(b)
all expenses and costs which may be incurred by reason of this Agreement
resulting in damage to any property owned in whole or in part by the Town by
duty of custom is obliged, directly or indirectly, in any way or to any degree, to
construct, repair or maintain;
(c)
all expenses and costs which may be incurred by reason of liens or non-
payment of labour or materials, Workers' Compensation assessments,
unemployment insurance, Federal or Provincial Tax, by reason of the Works.
7.
The Town agrees that upon satisfactory completion of the maintenance period, to
provide the Developer with a Certificate of Acceptance of said Works, signed by the
Engineer.
8.
The Works shall upon issuance of the Certificate of Acceptance, become the property
of the Town, free and clear of any claim by the Developer or any person claiming
through the Developer, and the Developer shall save harmless the Town from any
such claims and agrees that such claims may, at the option of the Town, be paid by and
from the Bond.
9.
It is understood and agreed that the Town has made no representation, covenants,
warranties, guarantees, promises or agreements with the Developer other than those
in this Agreement and except those required by the Approving Officer.
10.
Wherever the singular or the masculine are used in this Agreement, the same shall be
construed as meaning the plural or the feminine or body corporate or politic where
the context or the parties whereto so require.
11.
This Agreement shall enure to the benefit of and be binding upon the parties hereto,
their respective heirs, executors, administrators and assigns.
BYLAW 1834 - SCHEDULE "B" - MAINTENANCE AGREEMENT
Page 24
IN WITNESS the parties have hereunto set their respective hands and seal the day and year
first above written.
The Corporate Seal of the
)
TOWN OF LADYSMITH was affixed
)
hereto in the presence of:
)
)
_____________________________
)
Mayor
)
)
_____________________________
)
Clerk
)
The Corporate Seal of the
)
DEVELOPER was hereunto affixed
)
in the presence of its proper
)
Officers in behalf:
)
)
)
_______________________________ )
)
)
_______________________________ )
)
The amount and form of this Bond and
Agreement is approved by the Approving
Officer for the Town of Ladysmith this
______ day of ____________________, _.
________________________________
Approving Officer
SCHEDULE "C"
WORKS AND SERVICES AGREEMENT
THIS AGREEMENT made the
day of
, .
BETWEEN:
TOWN OF LADYSMITH
BOX 220, 410 ESPLANADE
LADYSMITH, BRITISH COLUMBIA
V9G1A2
(the "Town")
OF THE FIRST PART
AND:
(the "Developer")
OF THE SECOND PART
WHEREAS:
A.The Developer desires to develop certain lands within the Town legally described as:
(the "Land");
B.
Pursuant to Section 938 of the Local Government Act the Developer intends to
provide Works and Services, in accordance with the Standards prescribed in the
Subdivision and Development Bylaw of the Town on the Land and on that portion of
street immediately adjacent to the Land up to the centre line of the street.
(the "Works");
C.
The Developer has requested approval of the Subdivision or issuance of a building
permit prior to the construction and installation of the Works and is agreeable to
entering into this agreement pursuant to Section 940 of the Local Government Act
and to provide the Bond specified by this Agreement.
NOW WITNESSETH that in consideration of the Town accepting this Bond and Agreement
prior to completion of the Works, the Town and the Developer covenant and agree as
follows:
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 26
Interpretation
1.
In this Agreement:
"Complete" or "Completion" or any variation of these words when used with respect to the
Works means completion to the satisfaction of the Engineer on the date certified by him in
writing.
"Development" includes the construction and completion of all aspects of the Plan,
including, but not limited to, the Works.
"Engineer" means the Director of Infrastructure Services of the Town appointed by the
Municipal Council, or any other person from time to time duly authorized to act in his stead
by the Council or the Engineer.
"Works" means the Works and Services to be performed and constructed by the Developer
as a condition precedent to the approval of the Plan or the issue of the Building Permit under
Section 938 of the Local Government Act and the bylaws of the Town and as more
particularly described in Schedule "B" to this Agreement.
Time for Completion
2.
The Developer shall complete the Works to the satisfaction of the Engineer by the
________ day of________________________, 19_____.
Bond
3.
(1)
As security for the due and proper performance of all of the covenants and
agreements contained in this Agreement and the Works contemplated, the
Developer has deposited with the Town cash in the amount of $_____________ as
a Bond within the meaning of Section 940 of the Local Government Act (the
"Bond").
Or
3.
(1)
(a)
As security for the due and proper performance of all of the covenants
and agreements contained in this Agreement and the Works
contemplated, the Developer has deposited with the Town an
irrevocable Letter of Credit in the amount of $_____________________ (the
"Bond") to be valid for a period of twelve (12) months from the date of
this Agreement.
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 27
(b)
The Town may make demand on the Letter of Credit at any time after
this date of this Agreement.
(c)
The amount of the Bond may be reduced at any time with the approval
of the Town in writing evidenced by the signature of its Approving
Officer.
(2)
The Developer agrees that if the Works are not Completed by the date stated
in Section 2, the Town may complete the Works, at the cost of the Developer,
and for that purpose may draw down upon the Bond the full amount of the
Bond.
(3)
If there are insufficient monies contained in the Bond to Complete the Works
the Developer shall pay the balance of the insufficiency forthwith upon invoice
for it sent by the Town.
(4)
The Town may Complete the Works either by itself or by contractors
employed by it.
(5)
If the Developer Completes the Works or if the Completion of the Works
costs less than the amount of the Bond, then the Bond or a proportional part
of it, not required to pay for Completion or maintenance shall be returned by
the Town to the Developer.
(6)
The cost of the Works shall include the actual cost of construction of them
plus engineering, supervision, legal, survey and other costs.
(7)
An administration fee in the amount of 2 percent of the amount of the Bond, to
a maximum of $2,000.00 shall be made payable to the Town at the time the
Bond is provided.
Rights-of-Way
4.
Upon Completion of the Works, the Developer shall transfer and register in the Land
Title Office the easements and rights-of-way prescribed by Schedule "B" to the
person or corporations requiring them.
Standards of Works
5.
(1)
The Works shall be constructed to the standards required by the Subdivision
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 28
Control Bylaw of the Town and to the satisfaction of the Engineer.
(2)
If the Works prove to be in any way defective or do not operate as designed
and intended then the Developer shall, at the expense of the Developer,
modify and reconstruct the Works so that they are fully operative and
function to the satisfaction of the Engineer.
(3)
Upon Completion of the Works to the satisfaction of the Engineer a
Certificate of Substantial Completion signed by the Developer's Engineer shall
be issued.
Comply with Regulations
6.
(1)
The Developer shall comply with the provisions of all Town Bylaws
throughout the construction of the Works.
(2)
In the event that any material or debris should be left upon any road after the
construction of the Works, the Developer covenants and agrees that the
Town may forthwith remove the material or debris at the expense of the
Developer, and the cost of the removal shall be determined by the Engineer.
(3)
In the event that any invoice of the Town, for the removal of material or debris,
remains unpaid after thirty (30) day of its receipt by the Developer, the Town
may deduct the amount of the invoice from the Bond required by Section 3.
Developer's Engineer
7.
(1)
At all times during the construction of the Works, the Developer shall keep
and employ a professional engineer, registered in the Province of British
Columbia, with the authority to act on behalf of the Developer.
(2)
Any explanations, orders, instructions, directions and requests given by the
Town to the Developer's professional engineer shall be deemed to have been
given to the Developer.
Changes in Standards
8.
The Developer covenants and agrees to comply with any changes in subdivision
requirements or standards established by bylaw prior to the substantial
commencement upon the Land of the Works contemplated by this Agreement and
further agrees that the changes shall affect the Plan, Development and Works.
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 29
Maintenance of Works
9.
(1)
The Developer shall:
(a)
maintain the Works in complete repair for a period of one (1) year from
Completion;
(b)
remedy any defects in the Works appearing within a period of one (1)
year from the date of Completion and pay for any damage to other
work or property resulting from the Development, save and except for
defects caused by reasonable wear and tear, negligence of the Town,
its servants or agents, acts of God, or vandalism proven to have been
committed after the date of Substantial Completion;
(c)
leave with the Town for a period of one (1) year from the date of
Substantial Completion the sum of $______________________________
Dollars ($ ) as security.
(2)
If the Developer fails to maintain the Works, remedy any defect or pay for any
damage resulting from the Works, the Town may deduct from the Bond the
cost of completing all Works, remedying any defect or paying any damage.
Duties of Developer
10.
The Developer covenants and agrees, prior to final approval of the Plan or other
development, to:
(a)
submit to the Town final as-built drawings, including 2 complete sets of prints,
5 additional copies of the overall design plan (key plan), and 1 set of mylar
transparencies of all Works as constructed and as approved by the Engineer;
(b)
pay all arrears of taxes outstanding against the Land;
(c)
pay all current taxes levied or to be levied on the Land on the basis and in
accordance with the assessment and collector's roll entries; and
(d)
pay to the Town, in addition to the Bond required by Section 3 and 9, all
inspection fees, administration fees, engineering fees, non-refundable levies
and charges, legal costs incurred by the Town directly attributable to this
Agreement, and the cost of connecting all utilities to service the Development.
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 30
Indemnity
11.
The Developer covenants and agrees to save harmless and effectually indemnify the
Town against:
(a)
all actions, proceedings, costs, damages, expenses, claims and demands
whatsoever and by whomsoever brought by reason of the Development;
(b)
all expenses and costs which may be incurred by reason of this Agreement
resulting in damage to any property owned in whole or in part by the Town or
which the Town by duty of custom is obliged, directly or indirectly, in any way
or to any degree, to construct, repair or maintain; and
(c)
all expenses and costs which may be incurred by reason of liens, non-payment
of labour or materials, Workers' Compensation assessment, unemployment
insurance, Federal or Provincial Tax, or union dues check off, by reason of the
Development.
Town's Duty
12.
The Town shall permit the Developer to perform all Works upon the terms and
conditions contained in this Agreement.
Certificate of Acceptance
13.
The Town agrees to provide the Developer with a Certificate of Acceptance of the
Works signed by the Engineer upon satisfactory Completion by the Developer of all
of the covenants and conditions in this Agreement, including but not limited to, the
maintenance of the Works and keeping them in complete repair for a period of one
(1) year.
Withhold Building Permit
14.
The Developer covenants and agrees that the Town may withhold the granting of a
Building Permit for any building or part of a building to be constructed upon the Land
until the issuance of the Certificate of Substantial Completion referred to in Section
5.
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 31
No Representations
15.
It is understood and agreed that the Town has made no representation, covenants,
warranties, guarantees, promises or agreements with the Developer other than those
in this Agreement and except those required by the Approving Officer.
Town Property in Works
16.
Upon issuance of the Certificate of Acceptance the Works become the property of
the Town, free and clear of any claim by the Developer or any person claiming
through the Developer, and the Developer shall save harmless the Town from any
claims and agrees that any claims may, at the option of the Town be paid by and from
the Bond.
Terminology
17.
Wherever the singular and masculine are used in this Agreement, they shall be
construed as meaning the plural or the feminine or body corporate or politic where
the context or the parties require.
Binding Effect
18.
This Agreement shall enure to the benefit of and be binding upon the parties hereto,
their respective successors and permitted assignees.
Heading
19.
The headings in this Agreement are inserts for convenience only and shall not be
construed as part of this Agreement for the purpose of interpretation.
IN WITNESS the parties have signed and sealed this Agreement on the day it was made.
The Corporate Seal of the
)
TOWN OF LADYSMITH was affixed
)
in the presence of:
)
_______________________________ )
Mayor
)
_______________________________ )
Clerk
)
The Corporate Seal of the
)
BYLAW 1834 - SCHEDULE "C" - WORKS AND SERVICES AGREEMENT
Page 32
DEVELOPER was affixed in the
)
presence of:
)
________________________________
)
)
________________________________
)
)
The amount and form of this Bond and Agreement is approved by the Approving
Officer for the Town of Ladysmith this______ day of_____________________ , __.
__________________________________
Approving Officer
SCHEDULE "D"
WAIVER AGREEMENT
I/We, _____________________________________________________, registered owner or authorized agent
of the registered owner of land located in the Town of Ladysmith and legally described as
___________________________________________________________________
_______________________________________________________________________________
agree that, as a condition of obtaining preliminary review and any tentative approval from
the Approving Officer for the proposed subdivision of the above-described property, as set
out in the subdivision application dated __________________________, __, all bylaws adopted by
the Council of the Town of Ladysmith under part 26 of the Local Government Act prior to
final approval of the proposed subdivision, shall have full force and effect with respect to the
proposed subdivision.
It is further understood and agreed that the provisions of Section 943 of the Local
Government Act, (whereby, if a local government adopts a bylaw under Part 26 of the Local
Government Act, that otherwise would be applicable to a proposed subdivision for a period
of 12 months after it was adopted), do not apply in respect of the proposed subdivision at
preliminary layout acceptance.
SIGNED this ______ day of ______________
)
)
___ in the presence of:
)
_________________________
)
OWNER
WITNESS: _______________________________
)
)
ADDRESS: ______________________________
)
_________________________
)
OWNER
_______________________________________ )
)
OCCUPATION: __________________________
)
SCHEDULE "E"
MUNICIPAL SPECIFICATIONS AND DRAWING STANDARDS
(Provided under Separate Cover)
Table of Contents
SECTION
DESCRIPTION
1
General Conditions
2
General Design Requirements
3
Trenching, Backfilling and Restoration
4
Water
A
Design
B
Installation
5
Sanitary Sewer
A
Design
B
Installation
6
Storm Drain
A
Design
B
Installation
7
Streets
A
Design
B
Installation
8
Curbs and Sidewalks
9
Roadway Lighting
10
Concrete
11
Asphaltic Concrete Paving
12
Landscaping
Appendix A Construction Inspection Checklist
Appendix B Final Inspection Checklist
Appendix C Certification of Design
Appendix D Certification of Installed Works
Appendix E Certification of Street Light Installation
Appendix F Municipal Works Statistics
Appendix G Municipal Services Card
--------------------------------------------------------------------
Please contact the Town's Engineering Department for the most current version of the "Municipal
Specifications and Drawing Standards".
SCHEDULE "F"
RIGHT OF WAY
______________________________________________________________________________
WHEREAS:
A.
The Grantor is the registered owner of an estate in fee simple of the following land in
the Province of British Columbia:
(the "Lands of the Grantor")
B.
The Grantee is the Town of Ladysmith;
C.
This Right of Way is necessary for the operation and maintenance of the Works by
the Grantee;
D.
To facilitate the installation of a system of waterworks/ sewerage works/ drainage
works including all pipes, valves, fittings and facilities in connection therewith (herein
called the "Works"), the Grantor has agreed to permit the construction by the
Grantee of the Works on a portion of the Lands of the Grantor and to grant for that
purpose the Right of Way in Section 1.1.
NOW THEREFORE, in consideration of the sum of One ($1.00) Dollar of lawful money of
Canada, now paid by the Grantee to the Grantor (the receipt and sufficiency of which is
hereby acknowledged by the Grantor), and in consideration of the covenants and conditions
agreed to be observed and performed by the parties and for other valuable consideration:
1.0
THE GRANTOR:
1.1
grants, conveys, confirms and transfers, in perpetuity, to the Grantee the full, free and
uninterrupted right, license, liberty, privilege, permission and right of way to lay
down, install, construct, entrench, operate, maintain, inspect, alter, remove, replace,
bury, cleanse, string and otherwise establish one or more systems of Works upon,
over, under and across that portion of the Lands of the Grantor, as follows:
(the "Right of Way")
1.2
covenants and agrees to and with the Grantee that the Grantee shall:
(a)
for itself and its servants, agents, workmen, contractors and all other licensees
BYLAW 1834 - SCHEDULE "F" - RIGHT OF WAY
Page 38
of the Grantee;
(b)
together with machinery, vehicles, equipment and materials;
(c)
upon, over, under and across the Right of Way;
(d)
as may be necessary, useful, or convenient for the purposes in Section 1.1; and
(e)
in connection with the operations of the Grantee in relation to the Works;
be entitled at all times to enter, use, pass and repass, labour, construct, erect, install,
dig, carry away soil or other surface or subsurface materials, clear of all trees, growth,
buildings, or obstruction now or hereafter in existence.
1.3
grants, conveys, confirms and transfers unto the Grantee for itself, and its servants,
agents, workmen, contractors and all other licensees of the Grantee together with
machinery, vehicles, equipment and materials, the right at all times to enter upon and
to pass and repass over such of the Lands of the Grantor as may be required for the
purpose of ingress to and egress from the Right of Way.
1.4
transfers, assigns and conveys to the Grantee all right, title and interest in and to any
Works that the Grantee, or the Grantor have prior to this Agreement established or
constructed or maintained or operated with the Right of Way or in relation to any
similar Works previously constructed by any party whatsoever within the Right of
Way.
1.5
grants unto the Grantee the license permission and Right of Way to lay down, install,
construct, operate, maintain, inspect, alter, remove, replace, cleanse, string, and
otherwise establish one or more temporary systems of works upon the Lands of the
Grantor, in the event of a breakdown or malfunction of the Works arising from
movement or displacement of soil of the Lands.
2.0
THE GRANTOR COVENANTS:
2.1
not, and not to permit any other person, to erect, place, install or maintain any
building, structure, addition to a building or structure, mobile home, concrete
driveway or patio, pipe, wire or other conduit on, over or under any portion of the
Right of Way.
2.2
not to do anything that in any way interferes with or damages or prevents access to
or is likely to cause harm to the Works installed in or upon the Right of Way.
2.3
not to do or knowingly permit to be done any act or thing which will interfere with or
injure the Works and in particular will not carry out any blasting on or adjacent to the
Right of Way without the consent in writing of the Grantee, and consent shall not be
BYLAW 1834 - SCHEDULE "F" - RIGHT OF WAY
Page 39
unreasonably withheld.
2.4
not to substantially add to or diminish the soil cover over any of the Works installed in
the Right of Way and in particular, without limiting the generality of the foregoing,
will not construct open drains or ditches along or across any of the Works installed in
the Right of Way without the consent of the Grantee, and consent shall not be
unreasonably withheld.
2.5
from time to time and at all times at the reasonable request and at the cost of the
Grantee to do and execute or cause to be made, done or executed any further and
other lawful acts, deeds, things, devices, conveyances and assurances in law required
to ensure the Grantee of its rights under this Agreement.
3.0
THE GRANTEE COVENANTS:
3.1
not to bury any debris or rubbish of any kind in excavations or backfill, and to remove
shoring and like temporary structures as backfilling proceeds.
3.2
to thoroughly clean all lands to which it has had access under this Agreement of all
rubbish and construction debris created or placed thereon by the Grantee and to
leave such lands in a neat and clean condition.
3.3
as soon as weather and soil conditions permit, and as often as it may exercise this
right of entry to any of the Lands of the Grantor, to replace the surface soil as nearly
as may be reasonably possible to the same condition as it was prior to the entry, in
order to restore the natural drainage to the lands. This shall not require the Grantee
to restore any trees or other surface growth, but the Grantee shall leave the lands in a
condition which will not inhibit natural regeneration of that growth.
3.4
as far as reasonably possible, to carry out all work in a proper and workmanlike
manner so as to do as little injury to the Lands of the Grantor as possible.
3.5
to make good at its own expense all damage or disturbance which may be caused to
the Lands of the Grantor in the exercise of its rights hereunder.
3.6
as far as reasonably possible, to restore any fences, lawns, flower beds, at its cost as
nearly as may be reasonably possible to the same condition that they were in prior to
any entry by the Grantee upon the Lands of the Grantor.
4.0
THE PARTIES COVENANT TO AND AGREE WITH EACH OTHER,
as follows:
BYLAW 1834 - SCHEDULE "F" - RIGHT OF WAY
Page 40
4.1
the Works, together with all pipes, valves, conduits, wires, casings, fittings, lines,
meters, appliances, facilities, attachments or devices used in connection therewith
shall constitute the Works.
4.2
in spite of any rule of law or equity to the contrary, the Works brought on to, set,
constructed, laid, erected in, upon or under the Right of Way by the Grantee shall at
all times remain the property of the Grantee, even if the Works are annexed or
affixed to the freehold, and the Works shall at any time and from time to time be
removable in whole or in part by the Grantee.
4.3
in the event that the Grantee abandons the Works or any part of them, the Grantee
may, if it so elects, leave the whole or any part of the Works in place and if so
abandoned the Works, or part thereof, shall become the property of the Grantor.
4.4
no part of the title in fee simple to the Lands of the Grantor shall pass to or be vested
in the Grantee under or by virtue of this Agreement, and the Grantor may fully use
and enjoy all of the Lands of the Grantor subject only to the rights and restrictions in
this Agreement.
4.5
the Grantor acknowledges that (a) these Covenants are enforceable against the
Grantor and his successors in title, but (b) the Grantor is not personally liable for
breach of these Covenants after the Grantor has ceased to be the owner of the Lands.
4.6
if at the date hereof the Grantor is not the sole registered owner of the Lands of the
Grantor, this Agreement shall nevertheless bind the Grantor to the full extent of his
interest therein, and if he shall acquire a greater or the entire interest in fee simple,
this Agreement shall likewise extend to such after-acquired interests.
4.7
where the expression "Grantor" includes more than one person, all covenants made
by the Grantor shall be construed as being several as well as joint with respect to all
persons constituting the Grantor.
4.8
this Agreement shall continue to benefit and be binding upon the Grantor and
Grantee, and their respective heirs, administrators, executors, successors and
assigns, as the case may be.
4.9
gender specific terms include both genders and corporations, and the singular and
plural forms are interchangeable, according to the context.
4.10
the Grantor and Grantee acknowledge that this Agreement has been duly executed
BYLAW 1834 - SCHEDULE "F" - RIGHT OF WAY
Page 41
and delivered by the parties executing Forms C and D (pages 1 and 2) attached
hereto.
CONSENT TO GRANT OF RIGHT OF WAY
BY CHARGEHOLDER
KNOW ALL MEN BY THESE PRESENTS that *, as the registered holder of
a charge by way of * against the within described property, which said charge is registered in
the Land Title Office at Victoria, British Columbia, under number *, for and in consideration
of the sum of One Dollar ($1.00) paid by the Grantee to the said Chargeholder (the receipt
whereof is hereby acknowledged), agrees with the Grantee, its successors and assigns, that
the within Right of Way shall be an encumbrance upon the within described property in
priority to the said charge in the same manner and to the same effect as if it had been dated
and registered prior to the said charge.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
signed, sealed and delivered in the presence of their duly authorized officers.
Officer Signature
Execution Date
Party(ies) Signature
Y M D
*
_______________________
______________________
______________________
AS TO ALL SIGNATURES
OFFICER CERTIFICATION:
Your signature constitutes a representation that you are a solicitor, notary public or other
person authorized by the Evidence Act, R.S.B.C. 1989, c. 116, to take affidavits for use in
British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they
pertain to the execution of this instrument.
SCHEDULE "G"
LETTER OF CREDIT GUIDELINES
That the Town of Ladysmith will accept Irrevocable Standby Letters of Credit issued
by banks chartered under the Bank Act (Canada), credit unions or other financial
institutions regulated under the Financial Institutions Act (B.C.), acceptable to the
Town of Ladysmith.
A letter of credit to be acceptable by the Town of Ladysmith must be on the financial
institutions letterhead and shall contain the following:
1.
The correct mailing address and phone number of the issuing institution and Letter of
Credit number.
2.
The name and mailing address of the person or corporation who has requested the
Letter of
Credit.
3.
The Letter of Credit must be addressed to the Corporation of the Town of Ladysmith.
4.
The expiry date and time of the Letter of Credit.
5.
The following clause: "It is a condition of this Irrevocable Standby Letters of
Credit
that it shall be deemed to be automatically extended without amendment
for a further one (1) year period from the present or any future expiration date hereof,
unless, at least 30 days prior to the present or any future expiration date, the
issuer notifies the Town of Ladysmith in writing by registered mail that it does not elect
to
consider this Irrevocable Standby Letters of Credit to be renewable for any
additional period."
6.
The amount of the Letter of Credit.
7.
The purpose for which the Letter of Credit is being established, including if
applicable,
the legal description and the street address of any properties to which the
Letter of Credit
pertains.
8.
The municipal project number or file number.
9.
How drawings against the Letter of Credit are made.
10.
The fact that partial drawings may be made.
Bylaw
1834
11.
The fact that the financial institution will not enquire as to whether or not the
Town of
Ladysmith has a right to make demand on the Letter of Credit.
12.
The fact that the Letter of Credit is irrevocable up to the expiry date. This
statement must
be contained within the text of the Letter of Credit.
````