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1
TOWN OF LAKE COWICHAN
BYLAW NO. 1082-2022
A BYLAW TO REGULATE THE SUBDIVISION, DEVELOPMENT AND
SERVICING OF LAND
Consolidated with Amendment 1115-2024
WHEREAS it is Council's vision to create a vibrant, healthy, sustainable community that exists
in harmony with the natural environment, enjoys a balanced economy, supports all
generations, and provides the opportunities to satisfy diverse social needs;
AND WHEREAS it is deemed desirable to guide municipal growth for the ultimate benefit of
the community by ensuring that land is subdivided in an orderly and economical way to
produce a safe, sufficient, convenient, and healthful environment and to preserve and
enhance its natural amenities;
AND WHEREAS Council deems it is expedient to ensure that the subdivision and
development of land does not create a capital cost to the Town of providing public utilities or
other works and services that would be a burden on the existing taxpayers;
AND WHEREAS the passage of this bylaw has met all the requirements pursuant to the Land
Title Act, Strata Property Act, and the Local Government Act;
NOW THEREFORE the Council of the Town of Lake Cowichan in open meeting assembled,
enacts the following:
1.
TITLE
This bylaw may be cited for all purposes as the "Town of Lake Cowichan Subdivision,
Works and Services Bylaw No. 1082-2022."
2.
APPLICATION
2.1.
The provisions of this Bylaw apply to all lands within the area incorporated as the
Town of Lake Cowichan. This Bylaw does not apply to any subdivision or building
permit 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 Bylaw 1082-2022.
2.2.
The purpose of this Bylaw is to regulate:
a)
subdivision and development of land including the lot arrangement, overall
layout design and the construction of highways;
b) ensure adequate works and services in order to promote orderly and
efficient developments in harmony with the environment and that are suited
to the uses for which they are intended, and
c)
for building construction not requiring the subdivision of land, ensure the
construction of highways and works and services that may be required to
address any deficiencies.
2.3.
This Bylaw should be used in conjunction with the Schedules to this bylaw, Town
of Lake Cowichan Zoning Bylaw 1055-2021, as amended, and the Town of Lake
Cowichan Official Community Plan Bylaw 1022-2019, as amended. Users of this
Bylaw are advised that they should also be knowledgeable of the requirements of
other applicable Provincial Legislation including without limitation the:
a)
Land Title Act;
b)
Local Government Act;
Town of Lake Cowichan Subdivision, Works and Services Bylaw
Consolidated as of 2024-12-17
No 1082-2022
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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;
m)
Riparian Areas Regulation (Fish Protection Act); and
n)
Oil and Gas Activities Act.
2.4
As a condition of the approval of a subdivision or the issuance of a building permit
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.
3. INTERPRETATION
3.1 In this Bylaw, unless the context otherwise requires:
APPLICANT 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 for the
owner;
APPROVING OFFICER means the person appointed by council to act in
accordance with the Land Title Act as may be amended from time to time;
BOUNDARY ADJUSTMENT means an adjustment in existing boundaries between
legally defined parcels of land that does not create additional parcels;
BUILDING CODE means the British Columbia Building Code, latest edition;
ROAD means the portion of a highway constructed for vehicular traffic;
ROAD, ARTERIAL means the road which is designated on any current plan of
roads or of proposed roads which is intended to carry a substantial volume of
inter-community traffic as well as traffic other than having its origin or destination
in parcels abutting thereon; the Town currently has no roads designated as an
arterial road;
ROAD, COLLECTOR means a road which is so designated on any current
municipal plan of roads or of proposed roads; or a road which is designated to
form part of the road system of the Town and carries a substantial volume of
traffic other than traffic having its origin or destination in parcels abutting on the
street, and located to provide efficient inter-connection of major destinations and
local roads; cross section elements are defined in Schedule A to this bylaw;
ROAD, LOCAL means a road that serves low traffic volumes, and which is so
designated on any current plan of streets or of proposed streets, or a street which
is used or intended to be used primarily provide access to parcels abutting thereon
and serves low traffic volumes; cross section elements are defined in Schedule A to
this bylaw;
CUL-DE-SAC means a road which terminates permanently or temporarily with a
vehicular turning area for motor vehicles;
COMPLETION for the purpose of assessing applications, means a Servicing
Agreement has been executed or a pre-construction meeting has been held with
Town representatives;
Town of Lake Cowichan Subdivision, Works and Services Bylaw
Consolidated as of 2024-12-17
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CONSTRUCTION
ACCEPTANCE means the Town's acceptance of the
construction of Works and Services provided by a Developer pursuant to this
Bylaw, subject to the obligation of the Developer to remedy defects and
deficiencies becoming apparent during the Warranty Period;
DEVELOPMENT means construction of works and services and includes any
construction for which a building permit is required;
ENGINEER means a person who is registered or licensed as a professional
engineer registered under the Engineers and Geoscientists Act and retained by the
Owner to design, supervise and certify the construction and installation of Works
and Services required by this Bylaw;
FINAL ACCEPTANCE means the Town's acceptance of Works and Services
provided pursuant to this Bylaw at the end of the warranty period with all defects
and deficiencies remedied to the satisfaction of the Superintendent of Public
Works;
FINAL APPROVAL means that approval granted by the Approving Officer when
all relevant requirements of this bylaw, the Land Title Act and any other relevant
bylaws and legislation have been fulfilled;
FRONTAGE means the width of the lot measured at the Front Lot Line;
HIGHWAY means all public streets, roads, trails, lanes, thoroughfares, bridges,
and other public ways;
INTENDED USE means the use of land proposed for a parcel of land which is
planned to be created by subdivision;
LANE means a highway more than ten feet but less than thirty feet in width which
provides secondary means of access to a site;
LOT means an area or land the boundaries of which are shown on a plan
registered in a Land Title Office, or with a Crown Land Registry, or are described in
the certificate of title of the land, and that has not been divided into smaller areas
by a plan or instrument registered in the Land Title Office, or with a Crown Land
Registry;
LOT DEPTH means the distance between the midpoints of straight lines
connecting the foremost points of the site lot lines in front and the rearmost points
of the side lot lines in the rear;
Figure 1 Illustration of Lot Depth
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LOT, PANHANDLE means a lot which requires a relatively narrow strip of land, or
panhandle, to provide principal vehicle access to a street and where the lot
frontage on a highway is less than 10% of the lot perimeter;
Figure 2 Illustration of Panhandle Lot
LOT LINE, FRONT 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 shall be considered as the front lot line;
LOT LINE, INTERIOR SIDE means a lot line not being a rear lot line common to
more than one lot or to the lot and a lane;
LOT WIDTH means the distance between straight lines connecting front and rear
lot lines at each side of the lot, measured across the rear of the required front
yard; in the case of lots on the turning circle of a cul-de-sac, the lot width shall be
length of a straight line parallel to the arc of the cul-de-sac between the two side
property lines, measured from a point 6 metres toward the rear of the lot;
Figure 3 Illustration of Lot Width
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Figure 4 Illustration of Lot Width for Lots
on a Cul-de-sac Turning Circle
OWNER AND REGISTERED OWNER shall mean any person registered in the
books of the Land Title Office or Crown Land Registry Office as owner of the land
or of any charge on the land being subdivided, whether entitled thereto in his, her,
its, or their own right or in a representative capacity or otherwise;
PARCEL means any lot, block or other area in which land is held or into which
land is subdivided;
PRELIMINARY LAYOUT APPROVAL (PLA) means the approval of a preliminary
plan of subdivision submitted in the first application step in the process of review;
STREET includes all highways, roads, squares, thoroughfares and any other public
way, but not lanes, walkways, trails and bridges;
STATUTORY RIGHTS OF WAY means land or any interest in land acquired for
the purpose of:
(a) public right of passage with or without vehicles; or
(b) erecting and maintaining any pole-line; or
(c) laying, placing and maintaining drains, ditches, pipes, transmission lines or
wires for the conveyance, transmission or transportation of water,
telecommunication, electric power, forest products, oil or gas or both oil and
gas or solids as defined in the Oil & Gas Activities Act; or
(d) the transmission or disposal of sanitary sewage, storm water or drainage;
(e) the operation and maintenance of any other undertaking of the Town; and
shall include a statutory right-of-way as defined in the Land Title Act.;
SUBDIVISION means a change in the existing size, shape, number, or
arrangement of registered parcels, whether or not involving the creation of a
greater number of parcels than existing and whether carried out by plan, by metes
and bounds, strata plan, bare land strata plan, or otherwise;
TOWN means the Town of Lake Cowichan;
WALKWAY means a public passageway for pedestrian traffic and to
accommodate necessary utility and drainage services which is not less than ten
feet nor more than twenty feet wide;
WORKS AND SERVICES means construction such as roadways, lanes, drainage,
water and sewer systems, earthworks and slope stabilization, sidewalks, walkways,
boulevards, landscaping, street lighting and underground wiring, and includes
works and services whether on highways, rights of way or common property, to be
provided for in a subdivision or development of land under this bylaw;
WORKS AND SERVICES AGREEMENT means an agreement prescribed by the
Town between the Town and the owner in accordance with the Local Government
Act, as may be amended from time to time, that works and services will be
completed to service a subdivision or development by a date specified in the
agreement and that sufficient security has been provided to the Town to secure
the construction of those works; and
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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ZONING BYLAW means the zoning bylaw currently regulating land use in the
Town.
3.2 Unless otherwise defined herein, any work or expression in this bylaw shall have
the same meaning as any similar word or expression contained in the "Land Title
Act" or "Local Government Act" as may be amended from time to time, or as the
same may be re-enacted from time to time.
4.
ADMINISTRATION
4.1
The provisions of this bylaw shall be administered by the Chief Administrative
Officer (CAO) or such other Officer as may from time to time be appointed by
resolution of the Council.
4.2
The Approving Officer shall be the Chief Administrative Officer (CAO) or such
other Officer as may from time to time be appointed by resolution of the Council.
4.3
No land within the Town shall be subdivided until approval by the Approving
Officer has been obtained.
4.4
The determination of any excess or extended services, as defined by the Local
Government Act, as may be amended from time to time, to be provided by the
applicant is delegated to the Superintendent of Public Works.
4.5
The prescription and execution of any Works and Services agreement is delegated
to the Superintendent of Public Works.
5.
GENERAL PROVISIONS
5.1
The Approving Officer shall approve or reject every application for the subdivision
of land.
5.2
The Approving Officer may:
(a)
bring the proposed subdivision to the attention of the owners of
neighbouring property, or of other municipal officials, or of other public
bodies
or
officials
or
of
utility
companies,
for
comment
and
recommendation;
(b)
serve notice or require that the applicant serve notice of the proposed
subdivision on the owner or other person whose land or interest therein, in
his opinion, might be detrimentally affected by it; and
(c)
require the submission of profiles of every new street and land shown on the
plan, and such topographical details as may indicate the engineering
problems involved in developing such streets and lanes.
5.3
The Approving Officer shall not grant approval of any subdivision of land:
(a)
unless all the requirements of this Bylaw and all other Bylaws have been
met;
(b)
where the proposed subdivision fails to regard any official community plan
provisions applicable to the area being proposed for subdivision;
(c)
if there is any cost to the Town of providing public utilities and other works
and services to the anticipated subdivision;
(d)
if, in his or her opinion, the anticipated development of the subdivision
would injuriously affect the established amenities of adjoining or adjacent
properties, or would be against the public interest;
(e)
unless all regulations controlling access to the land to be subdivided are
complied with; and
(f)
that is otherwise contrary to law.
5.4
The Approving Officer shall not approve any scheme or plan of subdivision which;
(a)
is not suited to the configuration of the land being subdivided; or
(b)
is not suited to the use to which it is intended; or
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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(c)
will make impracticable the future subdivision of the land within the
proposed subdivision or any adjacent land; or
(d)
leaves any portion of a parcel being subdivided described as a remainder of
such parcel unless, in the opinion of the Approving Officer, such remainder
may be further subdivided and the Approving Officer has reason to believe
that such subdivision will occur.
6.
SUBDIVISION DESIGN AND ARRANGEMENT
6.1 Except as otherwise provided, the minimum frontage and depth of lots shall be as
follows:
Zone District
Minimum Lot Frontage
(in metres)
Minimu
m
Lot
Depth
(in
metres)
Residential
R-1 Suburban
An average of 17
None
R-2 Urban
None
R-3 Traditional Urban
- An average of 12
- An average of 6 when duplex
constructed on Interior Side Lot
Line
- 6 for townhouse (R4 Zone only)
when constructed on Interior
Side Lot Line
- 8 for townhouse corner lot
None
R-4 Medium density
None
R-5 Single Detached
and Duplex
None
R-6 Small House
An average of 11
None
R-7 Multi-unit
-
An average of 18
-
An average of 6 when duplex
constructed on Interior Side Lot
Line
-
6 for townhouse when
constructed on Interior Side Lot
Line
-
8 for townhouse corner lot
None
Commercial
C-1
Minimum 10% of lot perimeter
20
C-1-A
C-1-B
C-2
18
27
C-3
Minimum 10% of lot perimeter
20
C-4
20
Industrial
M-1
Minimum 10% of lot perimeter
27
M-2
1115-2024
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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No 1082-2022
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Institutional
P-1
Minimum 10% of lot perimeter
27
(a)
Where the lot side lines are radial or nearly radial to a curved street
alignment, where the lot side lines are not at right angles to the abutting
street line, the 'Minimum Lot Frontage' set forth in clause (a) of this Section
i.
may be reduced to not less than 67% of the minimum lot frontage
established for the applicable Zone District where the lot is on the
outside of the curve or where the lot side lines diverge from the front
to the rear, provided the minimum width at the required front building
line is not less than the required minimum lot frontage width for the
applicable Zone District; or
ii.
shall be increased where the lot is on the inside of the curve or where
the lot side lines converge from the front to the rear, to ensure that
the minimum width at the required rear building line is not less than
the required minimum lot frontage for the applicable Zone District.
(b)
The 'Minimum Lot Frontage' set forth in clause (a) of this section shall be
increased by 1.5 metres for lots intended for residential use that have
streets along the front lot line of the parcel and along one side lot line.
(c)
The Approving Officer may vary the minimum lot depth and minimum lot
width by up to 10% except for the 'minimum 10% of perimeter standard,'
and provided the dimensions of the lots do not conflict with minimum lot
areas prescribed by the Zoning Bylaw.
(d)
Notwithstanding the provisions set forth in clause (a) of this section, in
cases
where
environmental,
topographical
or
exceptional
parcel
configurations exist, the Approving Officer may approve a subdivision with a
"panhandle" lot in accordance with the following standards and restrictions:
i.
the subdivision has a maximum of 3 lots;
ii.
the minimum road frontage is 6 metres;
iii.
the lot area excludes the panhandle access; and
iv.
any panhandle lot that does not provide a minimum frontage on a
highway of 10% of the perimeter of the lot shall be referred to Council
for consideration of an exemption from the statutory requirement
under the Local Government Act, as may be amended from time to
time.
6.2
Every lot to be created shall abut on a street.
6.3
Pedestrian walkways shall be dedicated and constructed where they are deemed
by the Approving Officer to be essential to provide safe circulation or access to
schools, playgrounds, shopping centres, transportation, beaches, and other
community facilities or for proper circulation of pedestrian traffic. Such walkways
shall have a minimum 3 metre right of way, a minimum width of 2.5 metres and
be constructed in accordance with standards of the current version of the Master
Municipal Construction Documents (MMCD).
6.4
Notwithstanding Section 6.1 of this Bylaw, no parcel shall be created which has an
area less than that required by the standards for the relevant land use designation
of the by the Zoning Bylaw.
6.5
Notwithstanding Section 6.1 of this Bylaw, the Approving Officer may refuse to
authorize the creation of parcels meeting minimum size requirements where in his
opinion, by reason of topography, soil or drainage conditions, such minimum
standards would injuriously affect the established amenities of adjoining or
adjacent properties or would be against the public interest.
6.6
Parcel that abuts a street at both front and rear shall not be permitted unless, in
the opinion of the Approving Officer such an arrangement is essential:
(a)
to provide access to other parcels; or
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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(b) to provide a coherent arrangement of streets; or
(c) to compliment a future pattern of subdivision.
6.7
The Approving Officer shall ensure that:
(a)
no junctions or intersections of roads is designed to create an undue hazard
to traffic;
(b)
jogs in local or collector road alignment are avoided unless the distance
between road centre lines at the jog is 60 metres or more;
(c)
termination of streets shall be by a cul-de-sac in accordance with the current
MMCD standards. Alternative design standards for termination shall only be
considered when warranted by extenuating conditions such as topography
and environmental constraints;
(d)
the maximum length of a terminating street shall not exceed 150 metres;
and
(e)
walkways are provided as and where required.
6.8
The Approving Officer shall ensure that lanes:
(a)
be provided in every case where, in the Approving Officer's opinion they are
necessary;
(b)
where provided, are arranged with due consideration to their continuity,
from block to block, to facilitate utility construction; and
(c)
have triangle corner cut-offs, measuring not less than three (3) metres each
way from the corner.
6.9
Any non-navigable watercourse in lands to be subdivided may be made part of the
municipal drainage system by dedication to the municipality at the time of
subdivision where a right-of-way is not considered sufficient by the Approving
Officer.
6.10 Notwithstanding the standards in Subsection 6.7 and 6.8, the Approving Officer
may approve reasonable variances to those standards.
6.11 Streamside Protection and Enhancement Areas (SPEA)
(a)
Except as may be determined by the Approving Officer in exceptional cases,
no SPEA designated land shall be included within a lot intended for
development.
(b)
SPEA designated land within its own separate lot (s) shall be dedicated to
the Town as open space or to a community or strata corporation.
(c)
In cases where the SPEA is incorporated within a lot intended for
development, the maximum permissible area of the SPEA is 25% of the lot
area.
7.
WORKS & SERVICES REQUIREMENTS
7.1
Prior to the issuance of a building permit, The Town may require a Developer to
provide Works directly attributable to a Development on a Development site for
which no subdivision application is required.
7.2
The Town may require a Developer to provide Works directly attributable to the
Subdivision or a Development on that portion of a Highway immediately adjacent
to a site being subdivided or developed up to the centre line of the Highway.
Such Works may include the upgrading or replacing of existing Works that are of
lower standard than required by this Bylaw and may include off-site
improvements such as water, sanitary and storm sewer services, sidewalks, trails
and roadways necessary to serve the development.
7.3
Road Improvements shall be made in accordance with the road classification in
Map 2 Mobility & Transportation of the Official Community Plan for Main Street
(collector road status) and Collector Roads (existing and future) and the road
cross section design criteria specified in Part 2 of Schedule A to this Bylaw.
Improvements to any local roads shall be in accordance with Part 2 of Schedule
'A' to this Bylaw.
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7.4
As directed by the Approving Officer the applicant for a subdivision, or building
permit subject to Sections 7.1 and 7.2 shall provide without compensation;
(a)
highways up to a width of 20 metres;
(b)
land of a width not exceeding 10 metres for the purpose of widening a road
to 20 metres;
(c)
planting of boulevard trees in accordance with the criteria in Schedule 'A' to
this Bylaw; and
(d)
additional boulevard landscaping as may be required by the Approving
Officer.
7.5
The following shall be completed at the sole expense of the applicant:
(a)
the removal of all structures encroaching upon and of obstructions of any
kind to, the free and uninterrupted use by the public of the full width and
extent of all new roads;
(b)
the clearing of all new roads to at least the minimum standard set forth in
the Master Municipal Construction Documents, as amended from time to
time, and Schedule 'A' of this Bylaw;
(c)
the grading, draining, and surfacing of all new roads to at least the
minimum standard set forth in the Master Municipal Construction
Documents, as amended from time to time, and Schedule 'A' of this Bylaw;
(d)
the connecting to the public waterworks system of the Town of a complete
and fully operative system of water mains, valves, valve chambers and
hydrants to at least the minimum standard set forth in the Master Municipal
Construction Documents, as amended from time to time, and Schedule 'A' of
this Bylaw;
(e)
the connecting to the public sanitary sewer system of the Town of a
complete and fully operative system of lateral sewers, manholes, necessary
pumping stations and connections extending to and connected with the
appropriate public sewage pumping stations, or other appropriate points of
connection to the public sewer system and all of the said works shall be
constructed to at least the minimum standard set forth in the Master
Municipal Construction Documents, as amended from time to time, and
Schedule 'A' of this Bylaw;
(f)
the connecting to the public storm sewer system of the Town of a complete
and fully operative system of lateral sewers, manholes, necessary pumping
stations and connections extending to and connected with the appropriate
public sewage pumping stations or other appropriate points of connection to
the public sewer system and all of the said works shall be constructed to at
least the minimum standard set forth in Master Municipal Construction
Documents, as amended from time to time, and Schedule 'A' of this Bylaw;
(g)
the construction of curbing on all new highways to at least the minimum
standard set forth in the Master Municipal Construction Documents, as
amended from time to time, and Schedule 'A' of this Bylaw;
(h)
the construction of sidewalks, where required, to at least the minimum
standard set forth in the Master Municipal Construction Documents, as
amended from time to time, and Schedule 'A' of this Bylaw; and
(i)
the construction of underground telecommunication, electrical service and
street-lighting connections, where required, to at least the minimum
standards set forth in the Master Municipal Construction Documents, as
amended from time to time, and Schedule 'A' of this Bylaw.
7.6
The Approving officer shall determine whether park land is to be provided or a
payment is to be made in accordance with the Local Government Act, as may be
amended from time to time, considering whether there is sufficient land in the
vicinity of the proposed subdivision for public park and open space, and shall
determine the location and configuration of any park land to be provided in
accordance with the following considerations:
(a)
suitability for active and passive recreation;
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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(b)
suitable access;
(c)
safety for users; and
(d)
community needs.
7.7
All works required to be done herein in connection with the subdivision and/or
development of any lands shall be completed in accordance with the Master
Municipal Construction Documents, as amended from time to time, and Schedule
'A' of this Bylaw.
7.8
A plan of subdivision may be approved prior to the completion of the required
works, if the owner of such lands:
(a)
deposits in cash with the Town or an irrevocable letter of credit from a bank
or other financial institution in a form approved by the Town Administrator
with the Town in the amount of 120% of the estimate by an Engineer of the
cost of installing and paying for all work and services required by this
subdivision bylaw before the subdivision plan is approved by the Approving
Officer, and shall enter into a form of agreement prescribed by the Town to
do the work.
(b)
Release of cash deposits or other financial guarantees shall be made in
according to the following:
i.
if the total estimated value of construction is less than $10,000.00, no
releases will be permitted;
ii.
if the total estimated value of construction is $10,000.00 or greater,
but less than $100,000.00, up to 75% of the deposit may be released.
when the constructed works have been completed in compliance with
the specifications contained herein, and inspected and approved by a
qualified professional Engineer; and
iii.
if the total estimated value of construction is $100,000.00 or greater,
up to 85% of the deposit may be released when the constructed
works have been completed in compliance with the specifications
contained herein, and inspected and approved by a qualified
professional Engineer.
(c)
Upon satisfaction of the relevant provisions in article b) above, any
remaining cash or letter of credit deposited with the Town will be returned
to the owner:
i.
one year after the date of approval of the works by the Town and the
Town shall deduct from this remainder the cost of repairing any
damage to the said works during the one-year period except such
damage as is the result of the negligence of the Town, its servants or
agents; or
ii.
upon the deposit of a bond of maintenance in a form acceptable to the
Town guaranteeing payment of all costs of maintenance to the works
for a period of one year from the date of approval thereof by the Town
except such maintenance as is required from damage to the works
caused by the negligence of the Town, its servants or agents.
7.9
Every applicant for approval of a subdivision shall pay all school taxes and all
municipal taxes, rates and charges, assessed and levied against the lands to be
subdivided, and where such taxes, rates and charges for the then current year
have not been assessed, levied and imposed on the said lands at the date on
which the subdivision is submitted for tentative plan approval, pay the amount
estimated by the Collector to be the total of the school taxes, municipal taxes,
rates and charges to be assessed, levied and imposed on the said lands for the
then current year.
7.10 Where application for Tentative Approval of a subdivision is made at any time
between the 30th day of June and the 31st day of December in any year, the
applicant therefore shall pay all school taxes and all municipal taxes, rates and
charges assessed and levied against the lands to be subdivided and which are
outstanding and owing at the date of such application, together with a deposit in
the amount estimated by the Collector to be the total of the school taxes,
municipal taxes, rates and charges to be assessed, levied and imposed on the said
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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lands for the next succeeding year; which deposit shall be held by the Town and
applied towards payment of the taxes, rates and charges to be assessed, imposed
and levied on the said lands in the next succeeding year, in the event that the
subdivision approval is not registered prior to the preparation, completion and
authentication of the assessment roll for that year.
7.11 Where any deposit made pursuant to Section 7.7 hereof is held by the Town and
the subdivision is registered and the new parcels created thereby are placed or
are to be placed on the assessment roll for the next succeeding year, the said
deposit shall be refunded to the applicant by the Collector forthwith upon receipt
of notification by the Assessor that the subdivision is registered and the new
parcels created thereby have been placed or will be placed on the assessment roll
for the next succeeding year.
7.12
Every payment made pursuant to the provisions of Section 7.6 hereof and every
deposit made pursuant to the provisions of Section 7.7 hereof shall be deemed to
be monies to be applied at a future date in payment of taxes pursuant to the
Community Charter, as may be amended from time to time, and every such
payment and deposit shall be accepted by the Collector subject to the provisions
of the Community Charter, as may be amended from time to time.
8.
PROCEDURE
8.1 Preliminary Layout Approval (PLA)
(a)
The applicant is encouraged to request a pre submittal design meeting with
the Approving Officer, the Superintendent of Public Works, and the Town
Planner to discuss the design concept, planning context, and submittal
requirements.
(b)
The applicant may submit in writing to the Approving Officer, an application
for preliminary acceptance which shall state the name and postal address of
the applicant and the legal description and approximate location of the
parcel to be subdivided.
(c)
The applicant shall submit to the Approving Officer a Preliminary Plan drawn
to a scale of not less than one inch to one hundred feet clearly indicating:
i.
letter of authorization by the owner (s) of the land;
ii.
registered covenants;
iii.
the location and extent of protected and natural areas;
iv.
watercourses and water frontages;
v.
existing road frontages and road names;
vi.
topographic information at 0.5-meter intervals;
vii.
three (3) paper copies and one digital copy on a flash drive in PDF and
DWG formats;
viii.
a design professional stamp or signature;
ix.
the dimensions and full legal description of the parcel or parcels to be
subdivided;
x.
the arrangement of the parcels and streets which would be created by
the subdivision including the widths of the proposed streets and the
dimensions of the proposed parcels and any proposed alterations of lot
lines or subdivision of any existing parcels;
xi.
existing property lines and streets to be eliminated by the proposed
subdivision;
xii.
the relationship of the proposed subdivision to adjacent streets, and
the connections of proposed new streets hereto;
xiii.
existing buildings accurately located and identified;
xiv. utility and other easements located and identified;
xv.
the intended use of each parcel to be created by the subdivision; and
xvi. the name and postal address of the applicant.
(d)
The Approving Officer may require the applicant to furnish:
i.
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;
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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ii.
data on the measures necessary to remedy wet conditions or liability
to flood; and
iii.
report and map of natural hazards on and off site, including
geotechnical conditions, avalanche, debris flows, steep slopes, wildfire,
and any other relevant natural hazards; and
iv.
a comprehensive Erosion and Sediment Control Plan as prepared by a
qualified professional.
(e)
Where a physical examination of land is required, the Approving Officer
may, at the cost of the owner of the land proposed to be subdivided,
personally examine or have an examination or report made on the proposed
subdivision, and
(f)
No application shall be accepted unless deemed complete by the Approving
Officer
(g)
Within sixty (60) days of the receipt by the Approving Officer of the
application, or any additional information required under this Bylaw or the
Land Title Act, as may be amended from time to time, the Approving Officer
shall, in writing, either refuse or grant preliminary acceptance.
(h)
In the case of refusal of preliminary layout approval, the notice of refusal
shall explicitly state the reason for refusal.
(i)
The Approving Officer may grant conditional preliminary layout approval,
which shall authorize the applicant to apply for Tentative Plan Approval
subject to compliance with conditions he may specify in the notice of
preliminary acceptance.
(j)
Preliminary Layout Approval, whether conditional or unconditional, shall:
i.
be considered only as acceptance in principle;
ii.
not exempt the applicant from securing both tentative plans approval
and Final Approval prior to the deposit of the subdivision plan in the
Land Title Office; and
iii.
not bind the Approving Officer to grant either tentative plan approval
or Final Approval. Preliminary Layout Approval shall:
a.
be effective only for a period of 90 days provided that it may be
renewed by the Approving Officer for one further period of 90
days, thereafter a new application for approval of the subdivision
shall be required and shall be dealt with as an original
application;
b.
become void upon the coming into effect of any bylaw which
would have caused the proposed plan of subdivision to be
refused had such bylaw been in effect at the time of initial
application; and
c.
be subject to all Town bylaws and plans governing the proposed
subdivision and the applicant shall be informed of their
requirements.
8.2 Tentative Plan Approval
(a)
The applicant may submit in writing to the Approving Officer an application
for Tentative Plan approval after compliance with the requirements and
conditions set out in the Preliminary Layout Approval and after receiving
preliminary acceptance in writing from the Approving Officer. He shall state
the name and postal address of the applicant and the legal description and
approximate location of the parcel to be subdivided.
(b)
The applicant shall submit:
i.
a subdivision plan prepared in conformity with the Land Title Act, as
may be amended from time to time, together with three blue or white
print paper copies thereof to be retained by the Town;
ii.
where permissible under the Land Title Act, a written description by
metes and bounds of the proposed subdivision together with three
Town of Lake Cowichan Subdivision, Works and Services Bylaw
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copies of a preliminary plan similar to that required under Section8.1
(c) of this Bylaw may be submitted; and
iii.
a certificate from the Collector stating that all taxes which have been
assessed or estimated on the land proposed for subdivision have been
paid and that the provisions of Section 7.6 or Section 7.7 of this Bylaw,
whichever is applicable, have been fulfilled.
(c)
The applicant shall submit two additional paper copies of the subdivision
plan, or an explanatory plan as required under Section 8.2 (b) of this Bylaw
showing the following:
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
alteration 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 to adjacent streets and
the connections of proposed new streets thereto;
v.
existing buildings accurately located and identified;
vi.
utility and other easements located and identified;
vii.
existing sewers and water mains;
viii.
plan, profiles, and location of proposed utilities;
ix.
watercourses and water frontages;
x.
the intended use of each parcel to be created by the subdivision;
xi.
the relationship of lands proposed for subdivision to the remainder of
the parcel or area where the application relates only to a part of a
registered parcel or area; and
xii.
in the case of a parcel of land having a watercourse or water frontage
which is not included in the Designated Flood Plan Area or Riparian
Area, as determined by the Ministry of Environment, then a Restrictive
Covenant, in a manner acceptable to the Approving Officer, shall be
filed on title, under the Land Title Act, as may be amended from time
to time, during subdivision registration. The Restrictive Covenant
prohibits the cutting, damage or removal of any trees or vegetation,
and no building structure addition or pool shall be constructed,
reconstructed, moved, extended or located in the setback area as
follows:
a.
within a minimum of 30 metres of the natural boundary of a
watercourse or lake; and
b.
within a minimum of 15 metres of a wetland.
(d)
Compliance with Sections 8.2 (a), 8.2 (b) and 8.2 (c) of the Bylaw constitutes the
tendering of the subdivision plan for examination and approval for the purposes of
the Land Title Act.
(e)
No application shall be accepted unless deemed complete by the Town.
(f)
Within 60 days of the receipt by the Approving Officer of an application for
tentative plan approval or the receipt of any additional information which may be
required under the bylaw, the Approving Officer shall in writing:
i.
grant conditional or unconditional tentative plan approval, or
ii.
refuse tentative plan approval stating explicitly the reason or reasons for
refusal, or
iii.
notify the applicant that Tentative Plan approval is being withheld pending
modification of the plan as he may require.
(g)
Where Tentative Plan approval is withheld:
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i.
the Approval Officer shall notify the applicant in writing of the requirements
which must be met to obtain Tentative Approval; and
ii.
the applicant may, within 90 days, re-submit to the Approving Officer for
Tentative Approval a revised plan of subdivision in the full number of copies
and same detail required under Sections 8.2 (b) and 8.2 (c) of this Bylaw.
(h)
The Approving Officer shall, if satisfied that plans submitted under the Subsection
8.2 (g) of this Bylaw meet all the requirements of this Bylaw, grant Tentative
Approval within fifteen (15) business days of the receipt of the revised plans.
(i)
In all cases of Tentative Approval, the Approving Officer shall explicitly state in
writing all the requirements of Part 8 of this Bylaw to be met before submitting
the application for Final Approval.
(j)
Tentative Approval shall:
i.
be considered as certification by the Approving Officer that the proposed
plan of subdivision is in accordance with this Bylaw and the Land Title Act,
and that all requirements for Final Approval have been met other than the
satisfactory completion of required works;
ii.
not exempt the applicant from securing Final Approval prior to the deposit of
the subdivision plan in the Land Title Office;
iii.
be effective only for a period of 90 days; and
iv.
be re-sought in accordance with Sections 8.2 (a), 8.2 (b), and 8.2 (c) of this
Bylaw if an application for Final Approval is not submitted prior to the expiry
of the above-mentioned 90 days.
8.3
Final Approval
(a)
The applicant may apply for Final Approval only on completion of all works
and services required under Part 7 of this Bylaw or following the execution
of an agreement in accordance with Section 7.8 of this Bylaw.
(b)
The application for Final Approval shall take the form of the submission by
the applicant of all material required by the Land Title Act together with
written notification to the Approving Officer from the applicant of completion
of all required works in accordance with Section 7.8 of this Bylaw.
(c)
Following notification from the Approving Officer and payment of
Engineering Inspection Fees, the Town Engineer shall inspect the completed
works and conduct any necessary examination to ensure that these works
comply with the Town standards specified the Master Municipal Construction
Documents (MMCD), as amended from time to time, and in the Schedule of
this Bylaw.
(d)
Latecomer fees shall include interest rates in accordance with the Local
Government Act, as may be amended from time to time.
(e)
Within 60 days of the receipt of an application for Final Approval, 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 therefore.
(f)
Final Approval shall be withheld only where:
i.
the complete works are not in accordance with the plans for which
plan acceptance was granted.
ii.
the required works have not been carried out according to the
requirements of this Bylaw.
(g)
Final Approval shall be certified by:
i.
the return to the applicant of the subdivision plan required under Section
8.2 (b) of this Bylaw, signed and dated by the Approving Officer in
accordance with the provisions of the Land Title Act, as may be
amended from time to time, or
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ii.
where no subdivision plan was required under Section 8.2 (b) by a
certificate of Final Approval, signed and dated by the Approving Officer.
(h)
Final Approval either in the form of a plan or a certificate of Final Approval
signed by the Approving Officer shall be used for registration purposes
within 60 days from the date of approval after which time approval is
revoked unless the Registrar grants an extension of time under the
provisions of the Land Title Act, as may be amended from time to time.
9.
PENALTIES AND PROCEDURAL PROVISIONS
9.1
The rejection of a plan by the Approving Officer, or the failure of the Approving
Officer to act within the specified time limit, may be appealed in accordance with
the provisions of the Land Title Act, as may be amended from time to time.
9.2
Every person who violates or who causes or allows to be violated any of the
provisions of this Bylaw shall be guilty of an offence against this Bylaw; and each
day on which such violation occurs or is caused or allowed to continue shall
constitute a separate offence.
9.3
Every person guilty of an offence against this Bylaw including the Appendices
thereto shall be liable on summary conviction to a fine not exceeding Ten
Thousand ($10,000) or imprisonment for a period of up to six months, or both, for
each offence.
9.4
The Engineer and any employee of the Town acting under his direction may enter
at all reasonable times upon the lands for which application to subdivide has been
made to ascertain whether the provisions of this Bylaw are being obeyed.
9.5
No person shall obstruct or seek to obstruct the entrance into any place of any
person acting pursuant to Section 9.4 of this Bylaw.
10. FORCE AND EFFECT
10.1 This Bylaw shall be cited for all purposes as the "Corporation of the Town of Lake
Cowichan Subdivision, Works and Services Bylaw No 1082-2022."
10.2 The "Lake Cowichan Subdivision, Works and Services Bylaw No. 974-2016",
together with all amendments thereto, is hereby released and declared to be of no
effect.
READ A FIRST TIME on the 20th day of December, 2022.
READ A SECOND TIME on the 20th day of December, 2022.
READ A THIRD TIME on the 28th day of February, 2023.
RECONSIDERED, FINALLY PASSED and ADOPTED by the Municipal Council of the
Town of Lake Cowichan on the 28th day of March, 2023.
Tim McGonigle
Joseph A. Fernandez
Mayor
Corporate Office
Town of Lake Cowichan Subdivision, Works and Services Bylaw
Consolidated as of 2024-12-17
No 1082-2022
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Schedule 'A'
1. INCORPORATION OF MASTER MUNICIPAL CONSTRUCTION
DOCUMENTS (MMCD)
1.1
The Master Municipal Construction Documents (MMCD), Platinum Edition 2009
and the Design Guidelines Manual 2005, as may be amended from time to time,
are hereby incorporated by reference into this bylaw, with exceptions as noted
within this schedule.
2. ROAD DESIGN
2.1
The Road Plan and Cross Section Standards contained in Table 1 and Figures 1-4
are required design standards and should be used in lieu of those contained in
Table 5.1 of the MMCD 2005 Design Guideline Manual, as may be amended from
time to time.
Table 1 Road Plan and Cross-Section Standards
Road
Classification
Right-of-
Way
Width
(meters)
Pavement
Width
Curb-to-
Curb
(meters)
Curb
Type
No. of
sidewalks
No. of
Bike
Lanes
Parking
Collector
20
13.2
Barrier
2
2
One side
Local Single
Detached
18
8.5
Rollover
2
n/a
Both sides
Local Single
Detached Cul
de sac
15 with
amenities
8.0
Rollover
and
barrier
2
n/a
Both sides,
except as may
be determined
through
alternative
design with
amenities
Local Single
Detached with
Opposite Side
Developed OR
Opposite Side
with No
Development
Opportunity
20
8.5;
5.5 from
centre line
adjacent to
new
development
Rollover New
sidewalk
and curb
adjacent
to new
developm
ent
n/a
Both sides,
retain 2
travel lanes
Local Multi-
Unit /
Commercial
20
12
Barrier
2
2
Both sides
2.2
Except for a maximum grade of 15% for single family driveways and multifamily
driveways, all the provisions of the most current MMCD 2005 Design Guideline
Manual, as may be amended from time to time, referencing cold climate conditions
are applicable to the Town.
2.3
The minimum width of a sidewalk on a local street is 1.8 meters.
2.4
The minimum width of a sidewalk on a collector street is 2.1 meters.
2.5
The Approving Officer may approve alternative road cross section standards in
exchange for amenities.
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Figure 1 Collector
Town of Lake Cowichan Subdivision, Works and Services Bylaw
Consolidated as of 2024-12-17
No 1082-2022
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Figure 2 Local
Town of Lake Cowichan Subdivision, Works and Services Bylaw
Consolidated as of 2024-12-17
No 1082-2022
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Figure 3 Cul de Sac and Small Lot with Amenities
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No 1082-2022
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Figure 4 Half Street
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No 1082-2022
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3. INTEGRATED RAINWATER MANAGEMENT
3.1
Notwithstanding the provisions of the MMCD Platinum Edition 2009, Environmental
Protection section, or the most current edition, the following rainwater
management standards shall apply:
(a)
site grading shall be in accordance with the Town of Lake Cowichan
Integrated Rainwater Management Plan (IRMP) prepared by Kerr Wood
Leidal (KWL) in 2014;
(b)
stormwater pipe inspection and testing shall be in accordance with the most
current MMCD standards;
(c)
the Intensity-Duration-Frequency (IDF) curve specific to the Town is Figure
4.2. of the town of Lake Cowichan IRMP 2014 report by KWL;
Table 2 Intensity Duration Frequency Curve
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(d)
a minimum 63 mm rainwater capture (72% of 2-year, 24 hr. event Lake
Cowichan Climate Station), is required, including requirements for on-lot
Best Management Practices and minimum of 30 cm topsoil depths; and
(e)
rainwater detention is required for a two-year storm event to pre-
development levels, except in those areas draining directly to Cowichan Lake
or the Cowichan River;
(f)
Green Roads source controls are required for road rainwater runoff that
meet the same requirements as those for development as prescribed in
subsections 3.1 (a), 3.1 (b), 3.1 (e) and 3.1 (f); and
(g)
Open ditches and swales for rainwater runoff shall be permissible only in
selected conditions approved by Town staff.
3.2
To mitigate the hydrologic impacts of development the following rainwater
management measures may be implemented to achieve the standards outlined in
Subsection 3.1:
(a)
Low Impact Development (LID) techniques such as reduced road widths,
reduced building footprints, reduced parking standards, limiting surface
parking, pervious parking surfaces, and preserving naturally significant
features;
(b)
Source Controls such as absorbent landscaping, surface infiltration facilities,
bio-retention facilities, sub-surface infiltration facilities, green roofs,
rainwater harvesting, and re-use;
(c)
rainwater management for streets may include vegetative surface facilities
such as grassy swales, rain gardens, and vegetated infiltration basins,
(d)
Water Quality Treatment Best Management Practices (BMPs) such as
biofilters, urban forests and leave strips, infiltration systems, constructed
wetlands, and wet settling ponds. Oil and grit separators are suitable for spill
control and removal of floatable petroleum-based contaminants as well as
coarse grit and sediment from small areas, such as gas stations, automotive
service areas and parking lots;
(e)
Construction Best Practices for any site or subdivision work must include
measures to prevent the release of silt, sediment, sediment-laden water,
raw concrete, concrete leachate, or any other deleterious substance into any
ditch, watercourse, stream, or storm sewer system. The work area should
be isolated form flowing water as much as possible and diversions around
the site should be provided for overland flow paths. Ensuring that all
equipment sued on-site is in good working order, and having a ready spill
containment kit and staff trained in its use, are also critical measures; and
(f)
Rainwater Detention Systems to limit the post-development runoff to the
pre-development rate, volume, and approximate shape for the hydrograph
for the 6-month/24 hour and 2-year/24-hour storm events and to maintain,
closely as possible, the natural pre-development flow pattern in the
receiving watercourse.
3.3
Rainwater Management Criteria (performance standards) shall apply as follows
(from Table 7-1 of the Lake Cowichan IRMP 2014):
(a)
Flood Protection
i.
Minor Drainage System shall provide for the safe conveyance of the
10-year return period (for < 900 mm diameter pipes) and 25-year
return period (for > 900 mm diameter pipes) storm flows.
ii.
Major Drainage System shall provide for the safe conveyance of the
100-year return period storm flows.
(b)
Environmental Protection of Watercourses
i.
Volume Reduction
a.
The 90% average annual runoff volume shall be captured and
infiltrated to ground. Runoff volume may be estimated by the 6
month 24-hour return period event) 72% of the 2-year, 24-hour
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return period total rainfall depth (63 mm based on lake
Cowichan Climate Station Data).
ii.
Water Quality
a.
Source Controls or approved alternatives shall be sized to treat
the 90% average annual runoff volume. (80% Total Suspended
Solids removal based on 50 µm/L particulate size.)
b.
Limit construction discharge water quality to the lesser of
turbidity of 25 NTU or total suspended solids of 25 mg/L at all
times expected in the 24-hour period following significant rainfall
events (≥25 mm/day) at which time the turbidity can be up to
100 NTU.
iii.
Rate Control
a.
Detain 6-month and 2-year, 24-hour post-development flows to
pre-development levels (natural forested conditions) for all new
or redevelopment.
iv.
Riparian
a.
Establish riparian setbacks to comply with Riparian Area
Regulation (RAR) requirements.
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4.
BOULEVARD TREE STANDARDS
4.1
Trees shall be a minimum 7 cm caliper, measured 15 cm from ground level or as
approved by the Superintendent of Public Works.
4.2
Trees shall be inspected by the Superintendent of Public Works prior to planting
for health, size, and species appropriateness for the site, preferably at the
nursery.
4.3
Trees must be provided in the road allowance at a minimum density of one per 15
metres of frontage.
Table 3 Recommended Tree Species for Boulevard Planting
Botanical Name
Common Name
Mature
Height
(ft.)
Flower
Fall
Colour
Comments
Acer ginnala
Amur Maple
35
Yellow
Carpinus
betulus
"Fastigiata"
European
Hornbeam
35
Yellow
Cercis Canadensis
Eastern Redbud
35
Yellow
Spring
blossom
Cornus
nutallii
"E.W.W."
Dogwood
"E.W.
Wonder"
25
White
Multi-
colour
Showy
flowers
Cornus kousa
Japanese Dogwood
25
White
Multi-
colour
Showy
flowers
Prunuspissardii
"Nigra"
Flowering Plum
25
Pink
Purple
Deep
burgundy
leaves
Prunus yedoensis
"Akebona"
Flowering Cherry
20
Pink
Yellow
Spreading
branch habit
Prunus
surrulata
"Kwanzan"
Flowering Cherry
25
Pink
Red
Spring
blossom
Prunus
serrulata
"Shirofugen"
Flowering Cherry
25
Pink
Red
Spring
blossom
Prunus subirthella
"Amanogawa"
Flowering Cherry
25
Pink
Yellow
Fall
blossom
Pyrus
calleryana
"Chanticleer"
Ornamental Pear
25
White
Red
Profuse
blossoms