Subdivision and Development Servicing Bylaw No. 3126 – Consolidated
Langley, British Columbia
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Document Number: 163357
City of Langley
Subdivision and
Development Servicing
Bylaw
CONSOLIDATED COPY
Bylaw 2021, No. 3126
A bylaw to regulate the subdivision and development of land
Document Number: 163357
DISCLAIMER -THIS BYLAW IS CONSOLIDATED FOR CONVENIENCE ONLY. THE CITY DOES NOT
WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE
RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY
REFLECTS CURRENT BYLAW PROVISIONS.
Consolidated as of March 20, 2023
TABLE OF CONSOLIDATION
BYLAW
SUBJECT MATTER
Bylaw No. 3235, Amendment No. 1
-
Updating "Equivalent Development Units" Table.
-
Updating Geotechnical report requirement for slope
grade changed, from 30% to 20%
-
Minor typos.
City of Langley - Subdivision and Development Servicing Bylaw 2021, No. 3126
TABLE OF CONTENTS
Document Number: 163357
Table of Contents
INTRODUCTION ................................................................................................................................................................... 1
1.
PURPOSE ............................................................................................................................................................................. 1
2.
DEFINITIONS ........................................................................................................................................................................ 1
3.
BASIC PROVISIONS ................................................................................................................................................................ 8
4.
SUBDIVISION/DEVELOPMENT APPROVALS ................................................................................................................................. 8
5.
SUBMISSION OF APPLICATION ................................................................................................................................................. 8
6.
SUITABILITY ......................................................................................................................................................................... 9
7.
PRELIMINARY LAYOUT APPROVAL (PLA) ................................................................................................................................... 9
8.
WORKS AND SERVICES - GENERAL REQUIREMENTS .................................................................................................................... 10
9.
PUBLIC CONVENIENCE, ACCESS, AND CLEAN-UP ........................................................................................................................ 11
10. WORKS AND SERVICES - SPECIFIC REQUIREMENTS ..................................................................................................................... 11
11. SUBDIVISION/DEVELOPMENT APPROVAL ................................................................................................................................. 21
12. SUPERVISION OF CONSTRUCTION ........................................................................................................................................... 21
13. PROPERTY TAXES AND UTILITY FEES ........................................................................................................................................ 22
14. FEES ................................................................................................................................................................................. 22
15. DEVELOPMENT COST CHARGES .............................................................................................................................................. 22
16. MUNICIPAL WORKS AND SERVICES ......................................................................................................................................... 22
17. SCHEDULES ........................................................................................................................................................................ 22
18. REPEAL OF BYLAW .............................................................................................................................................................. 22
SCHEDULE A - TYPICAL ENGINEERING SERVICE REQUIREMENTS ....................................................................................... 23
SCHEDULE B - GENERAL REQUIREMENTS .......................................................................................................................... 25
1.
INTRODUCTION ................................................................................................................................................................... 25
2.
SCOPE AND USE OF THIS SCHEDULE ........................................................................................................................................ 25
3.
CONSTRUCTION SPECIFICATIONS ............................................................................................................................................ 25
4.
AGREEMENTS, BONDING, INSURANCE, PERMITS ....................................................................................................................... 25
5.
CONDUCT OF WORK ............................................................................................................................................................ 28
6.
INSPECTION AND SECURITY DEPOSIT REDUCTION ...................................................................................................................... 32
7.
CERTIFICATE OF SUBSTANTIAL COMPLETION ............................................................................................................................. 33
8.
BUILDING PERMIT ISSUANCE ................................................................................................................................................. 34
9.
INSPECTION OF OFFSITE LANDSCAPING .................................................................................................................................... 35
10. WARRANTY DEPOSIT ........................................................................................................................................................... 35
11. MAINTENANCE PERIOD ........................................................................................................................................................ 35
12. TESTING OR CONFIRMATION OF WORKS COMPLETED ................................................................................................................. 36
13. FINAL ACCEPTANCE CERTIFICATE ............................................................................................................................................ 36
14. EQUIVALENT DEVELOPMENT UNITS (EDUS) BY OFFICIAL COMMUNITY DESIGNATIONS ..................................................................... 37
SCHEDULE C - STANDARDS FOR DESIGNING AND PREPARING LOT GRADING .................................................................... 41
1.
INTENT ............................................................................................................................................................................. 41
2.
OBJECTIVES ....................................................................................................................................................................... 41
3.
IMPLEMENTATION ............................................................................................................................................................... 41
4.
DESIGN GUIDELINES ............................................................................................................................................................ 42
5.
CONSIDERATIONS ................................................................................................................................................................ 43
6.
DESIGN DRAWING SUBMISSION ............................................................................................................................................. 43
City of Langley - Subdivision and Development Servicing Bylaw 2021, No. 3126
TABLE OF CONTENTS
Document Number: 163357
7.
CERTIFICATIONS AND DECLARATIONS ...................................................................................................................................... 43
8.
LEGAL DOCUMENTATION ...................................................................................................................................................... 44
SCHEDULE D - SITE INFORMATION AND SITE ASSESSMENT FORMS................................................................................... 45
SCHEDULE E - RECYCLING AND WASTE MANAGEMENT REQUIREMENTS ........................................................................... 51
1.0 DEVELOPERS' RESPONSIBILITIES: ............................................................................................................................................ 51
2.0 WASTE MANAGEMENT OVERLAY PLAN: .................................................................................................................................. 52
City of Langley - Subdivision and Development Servicing Bylaw 2021, No. 3126
INTRODUCTION
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INTRODUCTION
The Council of the City of Langley, in open meeting assembled, ENACTS AS FOLLOWS:
1.
Purpose
This Bylaw may be cited for all purposes as "City of Langley Subdivision and Development Servicing Bylaw
2021, No. 3126", and establishes the standard of Works and Services to be provided for the
Subdivision/Development of lands including Works and Services related to Subdivision, Building and other
Subdivision/Development of lands to ensure any and all required City infrastructure meets these standards
at a minimum.
2.
Definitions
The following definitions apply in this Bylaw. Unless otherwise defined in this Bylaw, all words or expressions
in this Bylaw shall have the same meaning assigned to them as the same words or expressions contained in
the "Land Title Act", the "Local Government Act" and the "Community Charter".
Words throughout the document that are italicized imply that word is defined in this section.
Amended Soil
means as outlined in Section 5.3 of the City's Design Criteria Manual.
Approving Officer
means the person(s) appointed to that position for the City under the "Land Title Act".
Arterial Road
see Roads
Boulevard
means the portion of a Highway not occupied by the Roadway or Sidewalk and includes Plantings, surface
finishing or treatment.
Building
means a structure used or intended for supporting or sheltering any use or occupancy.
Building Official
means the Chief Building Official of the City or their deputy or such other person appointed by the Director
of Development Services to the position of Building Official for the City.
Cash in Lieu
means the payment of funds equivalent to the value of the work needed that the City would otherwise have
been entitled to require to be conveyed as part of a Subdivision/Development.
City
means the City of Langley.
City Engineer
means the Director of Engineering, Parks & Environment or designate.
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Community Charter
means the Community Charter SBC 2003 C.26.
Collector Road
see Roads
Commercial
means a category of land use as designated by the Official Community Plan and/or Zoning Bylaw in which
the predominant use of the land is for Commercial.
Consulting Engineer
means a Professional Engineer registered with the regulatory body under the "Professional Governance
Act", SBC2018, C47.
Contractor
means the person, including a corporation, that will construct the Works and Services to the requirements,
standards and specifications of this Bylaw.
Design Criteria Manual
means a document that outlines the City's design standards, material specifications, and installation
requirements for Works and Services in the City.
Developer
means the Owner or Owners of land undertaking the Subdivision/Development of such land, and shall
include their duly authorized agent.
Development
means the improvement of, or the carrying out of Works and Services on land, including but not limited to
building, grading, tree removal and demolition and, for certainty, includes the Re-Development, and/or the
improvement of land requiring the issuance of a permit.
Discharge
means the rate of flow of water flowing in a Stream, usually expressed in cubic metres per second.
Drainage System
means any system designed, constructed or installed for the express purpose of collecting, disposing,
containing or conveying drainage whether such system is located on public lands, protected by registered
statutory rights-of-way, in place historically, or previously approved by the City and includes, without
limitation, storm sewer mains, ditches, Swales, creeks, ravines conveying or capable of conveying drainage
or runoff, watercourses, detention and Infiltration systems, and Roads.
Dripline
means the area directly under the circumference of a tree's branches at their widest point.
EDU
means Equivalent Development Units. In respect of single or multi-family family Development, one self-
contained dwelling unit and, in respect of non-residential Development, a unit of Development that the City
considers will result in use of the excess or extended services that is equivalent to the use of such services
by one self-contained dwelling unit.
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Final Acceptance
means the acceptance of the construction and installation of the required Works and Services completed
to the standards and specifications set out in this Bylaw, as evidenced by the issuance of a Certificate of
Acceptance signed by the City Engineer and is issued at the time the Maintenance Period expires.
Final Approval
means approval of a Subdivision plan by the Approving Officer when all applicable requirements of this
Bylaw, the "Local Government Act", the "Community Charter", the "Land Title Act", the "Strata Property Act"
and all other relevant statutes, regulations and bylaws have been fulfilled and when applicable, all
conditions of Subdivision Preliminary Layout Approval have been fulfilled.
Floodplain
means the relatively flat or lowland area adjoining a river, Stream, ocean, lake or other body of standing
water which has been or may be covered temporarily with floodwater. For administrative purposes, the
Floodplain is defined as per the City's Floodplain Elevation Bylaw, as amended.
Highway
means a public street, Road, recreational Trail, Lane, bridge, trestle, tunnel, ferry landing, ferry approach,
and any other public way.
Highway Use Permit
means a permit issued by the City Engineer permitting Works and Services construction, installation or
repair on any City Highway or Walkway.
Industrial
means a category of land use designated by the OCP and or Zoning Bylaw in which the predominant use of
the land is for Industrial purposes.
Infiltration
means:
(a) The entering of water through the pores of a soil or other porous medium.
(b) The entrance of water from the ground into a sewer or drain through porous walls, breaks, or defective
joints.
(c) The absorption of water by the soil either as it falls as precipitation, or from a Stream flowing over the
surface.
Land Title Act
means "Land Title Act" RSBC 1996 C.250, as amended.
Landscape Architect
means a person, including a corporation, registered as a member of the British Columbia Society of
Landscape Architects under the provisions of the "Architects (Landscape) Act", RSBC 1996 C.18 or
Certified Landscape Designer registered by the BC Landscape Nurseries Association or other landscape
professional as approved by the City Engineer.
Landscaping
means Plantings and landscape screening located on Highways, Boulevards, medians, and private
properties.
Lane
means a Highway that provides primary vehicular access to any abutting Parcel.
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Local Government Act
means the "Local Government Act", RSBC 2015 C.1.
Maintenance Period
means a period as set out in the City's Subdivision and Development Servicing Bylaw - Schedule B, as
amended.
Major Drainage System
means a rainwater collection system that consists of surface flood paths, Roadways, Roadway culverts,
watercourses and stormwater best management practices (BMPs) designed to capture, convey, treat or
modify larger flows up to a 100-year or possibly 200-year return period (where within the City Floodplain
areas).
Municipal Works and Services
means and includes Highways, Storm Sewer System, Sanitary Sewer System, and Water Distribution
System thereto owned and maintained by the City.
Minimum Building Elevation (MBE)
means the elevation of the lowest underside floor slab in a Building or the underside of the skim coat in the
crawl space.
The MBE is to be at least 0.6 m above the storm sewer service connection invert and 0.3 m above the
Major Drainage System Hydraulic Grade line (HGL), whichever governs.
In areas with no Storm Sewer Systems and/or information on Major Drainage System HGL, the MBE is to
be at least 0.3 m above the crown of the road.
The MBE at the designated Floodplain areas within the City shall be based on the Flood Construction Level
(FCL), as defined in the City's Floodplain Elevation Bylaw, as amended.
Noxious Weed
means a weed designated as an invasive plant by the Weed Control Regulation under the provincial "Weed
Control Act".
OCP
means the Official Community Plan for the City, as amended from time to time.
Owner
in respect of real property, has the same meaning as in the Community Charter.
Panhandle
means a relatively long and slim portion of a Parcel designed to provide reasonable access to a Highway
from the portion of the Parcel on which the Building area is located.
Parcel
means any lot, block or other area in which land is held or developed or into which land is subdivided, but
does not include a Highway.
Plantings
means any Landscaping improvement including, but not limited to, topsoil, seed, sod, shrubs and trees.
Preliminary Layout Approval (PLA)
means the written conditional approval by the Approving Officer of a proposed Subdivision plan.
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Protected Natural Assets (PNA)
means Parcels of land or portions thereof that have or could achieve attributes conducive to the retention
or creation of terrestrial or aquatic wildlife habitat, including Critical Habitat; wetlands, headwaters, water
retention or recharge areas; and other ecological or connectivity functions.
PNAs include environmentally sensitive areas (ESAs) that are identified in the OCP as being natural areas
to be preserved including steep slopes, sensitive habitat, and riparian corridors, but may physically extend
beyond the boundaries of these areas. PNAs may be assessed for suitable, low-impact uses, such as
walking Trails and recreation, solely at the City Engineer's discretion.
Re-Development
means a proposed Subdivision/Development in areas that have existing Development, but which are being
re-developed or changed to a new or higher density form of Development.
Retaining Wall
means a structure, constructed for the retention of soils, or an overall slope greater than two horizontal to
one vertical.
Road(s)
(a) Arterial
means a Highway whose primary function is to carry through traffic from one area to another with
as little interference as possible from adjacent land uses, but which may provide direct access to
property as a secondary function, particularly for large traffic generators;
(b) Collector
means a Highway whose primary function is to distribute traffic between Arterial, other Collector,
or Local Roads, within an area but which also usually provides full direct access to properties;
(c) Local Road/Local Residential Road
means a Highway whose primary function is to serve vehicle trip ends by providing direct access
to properties, and which usually connects to other Local Roads or to Collector Roads;
(d) Cul-de-sac
means a dead-end urban Local/Residential Road with one access point and no potential for future
extension;
Roadway
means the paved, constructed, or traveled portion of a Highway that is used for vehicular movement.
SRW
means Statutory Right of Way.
Sanitary Sewer System
means a system designed and constructed for the collection, treatment and disposal of sanitary sewage.
Security Deposit
means cash, debit, a certified cheque or an irrevocable automatically renewing Letter of Credit from a
Canadian Financial Institution, deposited with the City by the Developer in accordance with the
requirements of this Bylaw, to secure the design, construction and installation of the required Works and
Services and Landscaping in accordance with the requirements, standards and specifications of this Bylaw.
Servicing Agreement
means an agreement between the City and an Owner or their authorized Developer, for the design,
construction and installation of Works and Services in accordance with the specifications and standards of
this Bylaw and the City's Design Criteria Manual, that are required prior to use of lands to be developed.
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Sidewalk
means the improved area of a Highway adjacent to the Roadway or Boulevard which is intended for the
use of pedestrian traffic.
Storm Sewer System (see Drainage System)
means a system designed and constructed for the collection, conveyance, Discharge of stormwater runoff.
Strata Property Act
means the "Strata Property Act", SBC 1998 C.43.
Stream
means a watercourse which has a flow of water for all or part of the year and has a defined channel showing
signs of scouring and washing.
Subdivision
means:
(a)
A subdivision as defined in the "Land Title Act"; and
(b)
A subdivision under the "Strata Property Act".
Subdivision Application
means a proposal submitted to the Approving Officer for consideration of Preliminary Layout Approval and
Final Approval.
Substantial Completion
means, except for minor deficiencies, the completion of works required under the Subdivision/Development
bylaw except for minor deficiencies, a Certificate of Substantial Completion is issued by the City Engineer.
Surveyor
means a land Surveyor currently licensed and registered in the Province of British Columbia under the
"Land Surveyors Act" (RSBC 1996).
Swale
means a broad and shallow earthen ditch that might be vegetated with erosion resistant and flood tolerant
grasses. Swales are used to carry water as drainage.
Trail
means an improved area of a Highway where the proposed Trail as inferred in the OCP, Master
Transportation Plan, or Trail Master Plan.
Urban Area
means, those lands in the OCP designated as urban residential, compact/multiple family/apartment,
townhouse, etc. (may also include Commercial, Industrial, or Institutional).
Walkway
means a public right-of-way, with or without improvements for the predominant use of pedestrians, but does
not include a Sidewalk on a Highway.
Warranty Deposit
means the reduced value of the Security Deposit or a separate irrevocable, automatically renewing Letter
of Credit to be deposited with the City for the duration of the Maintenance Period, as required in this Bylaw,
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as a guarantee for the stability and sufficiency of the Works and Services completed by the Developer.
Water Distribution System
means a system of waterworks to provide potable water for human consumption and fire protection.
Works and Services
means any public service, facility or utility which is required by or described in this Bylaw, as amended,
plus what is described in the City's Design Criteria Manual, including, without limitation services, facilities,
systems or utilities: the supply and distribution of water for domestic use and fire protection; collection and
disposal of sanitary sewage; collection and disposal of surface drainage and other waters; grading, erosion
and sediment control; streetlighting; Highways; Roadways; curbs; gutters; Sidewalks; Trails; traffic control
signs and devices; Roadway markings; Landscaping; supply and installation of electrical power plant and
communications plant; and all incidental associated works
Zoning Bylaw
means the bylaw adopted under the "Local Government Act" that applies to any lot, Parcel,
Subdivision/Development regulated under the Zoning Bylaw for the City, as amended from time to time.
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3.
Basic Provisions
3.1
This Bylaw, including its Schedules, shall apply to all Subdivisions and Developments on Parcels
within the geographic boundaries of the City unless specifically excluded by this Bylaw or other
applicable legislation.
3.2
The requirements in this Bylaw are to be read in conjunction with the City's Design Criteria Manual.
That is, all Subdivision/Development related Works and Services shall follow the design standards
outlined in the City's Design Criteria Manual, as amended from time to time by the City Engineer.
3.3
Council hereby authorizes the City Engineer to prepare and amend from time to time a Design Criteria
Manual for the purpose of providing design requirements, material specifications and installation
requirements for the Works and Services required under this Bylaw.
3.4
While the use of the singular is usually preferred, this Bylaw uses plural to avoid a gender-specific
pronoun when its use does not create ambiguity.
3.5
If any part, section, subsection, clause, sub-clause, or phrase of this Bylaw is, for any reason, held
to be invalid by the decision of any Court of competent jurisdiction, the invalid portion shall be severed
without affecting the remainder of the bylaw.
3.6
Should any conflict exist or arise between this Bylaw and any other City's Bylaw, the requirements
set in this Bylaw shall take precedence over those Bylaw requirements.
3.7
Nothing in this Bylaw shall relieve a Developer of a Subdivision or Development from the
responsibility to seek out and comply with any other applicable legislation associated with the
Subdivision or Development of their property.
3.8
All measurements and standards referred to in this Bylaw are expressed in metric units.
3.9
The approval of an application for Subdivision/Development does not in any way constitute a
representation or assurance that the City will expend public funds on Works and Services in support
of such application.
4.
Subdivision/Development Approvals
4.1
Every Developer applying for approval of a Subdivision/Development shall apply in the manner and
on the form(s) prescribed by the City for that purpose and in respect of that application, shall comply
with all applicable requirements of this Bylaw and all other City bylaws, Federal and Provincial
statutes, regulations, and rules and obtain all necessary approvals of government ministries and
agencies having jurisdiction.
4.2
The receipt of any design drawings for a proposed Subdivision shall not be construed as Preliminary
Layout Approval or Final Approval of a Subdivision for "Land Title Act" purposes.
5.
Submission of Application
In addition to the application submission requirements detailed in other City policies & bylaws, the applicant
shall provide the minimum following items at the time an application is made for a proposed
Subdivision/Development:
5.1
Survey plans of the proposed Subdivision/Development;
5.2
Proof that the applicant for Subdivision/Development is the Owner of the land or their duly authorized
agent;
5.3
The Subdivision/Development application fee as specified in the Fees and Charges Bylaw, as
amended;
5.4
Completed City "Site Information and Assessment" Forms prescribed in Schedule D attached hereto
and forming part of this Bylaw;
5.5
Development/Subdivision Application and Building Division's other related forms that can be
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downloaded at the City website - Applications, Form & Permit;
5.6
A Draft Plan of Subdivision/Development;
The draft plan shall be clearly entitled "Draft Plan" and shall show the following information:
5.5.1
Legal description of the property to be subdivided/developed (property shall be outlined in
red);
5.5.2
Layout and alignment of all Highways and Parcels to be created by the proposed
Subdivision/Development, together with their dimensions;
5.5.3
Widths
of
all
dedicated
Roads
continuous
to
or
within
the
proposed
Subdivision/Development;
5.5.4
Elevation contours based on 0.25 metre intervals, or such other intervals as may be
requested by the Approving Officer, over the whole of the property to be subdivided;
5.5.5
An indication of the extent and boundaries of any adjacent lands owned by the same
Owner(s) as the land being proposed for Subdivision/Development;
5.5.6
Location, dimensions and uses of any Buildings or structures existing on the land being
proposed for Subdivision/Development, together with locations of existing wells, septic
disposal fields and utility services; and
5.5.7
Location of the boundaries of any existing natural Streams on the land being proposed for
Subdivision/Development.
6.
Suitability
6.1
No application for a Subdivision/Development shall be approved by the Approving Officer, where
such proposed Subdivision/Development:
6.1.1
Is in the opinion of the Approving Officer contrary to the public interest;
6.1.2
Is not suited to the configuration of the land being subdivided;
6.1.3
Is not suited to the use to which it is intended;
6.1.4
Makes impracticable the future Subdivision/Development of the land within the proposed
Subdivision/Development or of any adjacent land;
6.1.5
Does not meet all Zoning Bylaw requirements and conform to the Official Community Plan;
or
6.1.6
Is contrary to applicable provisions in the "Land Title Act".
7.
Preliminary Layout Approval (PLA)
7.1
Subject to the acceptance by the Approving Officer and upon receiving recommendations from all
agencies having jurisdiction, Preliminary Layout Approval of the proposed Subdivision may be
granted, at which time the Owner shall be advised in writing of all required Works and Services,
Development Cost Charges (DCC), fees and other requirements in connection with the proposed
Subdivision.
7.2
PLA may be revoked by the Approving Officer at any time in the event that new information becomes
available subsequent to review by the Approving Officer or in the event that any change in legislation,
regulations or bylaws, which would render the proposed Subdivision unlawful, takes effect prior to
the granting of Final Approval.
7.3
Additional requirements or conditions may be identified by the Approving Officer or other authorities
having jurisdiction, prior to approval of the Subdivision.
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7.4
Survey plans, from a qualified accredited Surveyor, showing the lot sizes, shape, layout and legal
description of the proposed Subdivision must accompany the proposed application before PLA is
granted.
7.5
If a Subdivision application is not completed within the time specified in the PLA letter issued by the
Approving Officer, such PLA shall be deemed to be void and of no further force and effect, and,
unless an extension is granted by the Approving Officer, the application for this Subdivision shall be
deemed to have been withdrawn and of no further force and effect.
8.
Works and Services - General Requirements
8.1
Works and Services must be provided, designed, located and constructed in accordance with this
Bylaw and with design drawings and specifications approved by the City Engineer.
8.2
Every Owner of lands to be subdivided must, at the Owner's own cost, provide Works and Services
to serve every parcel within the Subdivision.
8.3
Section 8.2 does not apply in respect of a Subdivision under the "Strata Property Act".
8.4
Every Owner required to provide Works and Services under this Bylaw or as a condition of the
approval of a Development, shall:
8.4.1
Provide such Works and Services in accordance with the provisions of this Bylaw and to the
standards of Works and Services prescribed in the City's Design Criteria Manual, that are
applicable to the proposed Subdivision/Development; and
8.4.2
Design, construct and install such applicable Works and Services as a minimum requirement,
standard and specification for such Works and Services prescribed in the City's Design
Criteria Manual.
8.5
Every Owner must, as a condition of the approval of a Subdivision or the issuance of a Building
permit, construct Works and Services on those portions of highway immediately adjacent to the site
being subdivided or developed up to the centreline, and such Works and Services shall be provided
in accordance with the provisions of this Bylaw and to the standards of Works and Services
prescribed in the City's Design Criteria Manual.
8.6
Every Owner must provide, as a condition of the issuance of a Building permit, Works and Services
on the site being developed and the Owner shall design, construct and install such Works and
Services at the Owner's own expense meeting the minimum requirements, standards and
specifications contained in the City's Design Criteria Manual and this Bylaw.
8.7
Should any Works and Services to be provided under sections 8.5 and 8.6 be included in the
schedule of works in a Development Cost Charge (DCC) Bylaw, the Approving Officer may provide
the Developer with credits against DCC charges in accordance with the "Local Government Act" to a
maximum of the DCC charges assessed for the specified Works and Services.
8.8
In constructing Works and Services required under this bylaw, the Owner shall ensure that excavated
material shall not be placed on private property that is within the 200-year Floodplains or Agricultural
Land Reserve unless the property Owner has obtained a permit issued by the City as required under
the "Soil Conservation Act". Such permit will only be issued upon the BC Agricultural Land
Commission approval of such deposition.
8.9
The City shall have the right to take possession of and use any completed or partially completed
portion of the work, but such possession and use shall not be deemed an acceptance of such work.
If such prior use increases the cost of uncompleted work or causes refinishing of completed Works
and Services beyond normal wear and tear, the Developer shall be entitled to such compensation as
the City Engineer may determine.
8.10
Where the Owner of any lands being subdivided/developed is required to provide within a
Subdivision/Development a Water Distribution System, a Sanitary Sewer System, or a Storm Sewer
System, the City may require the Owner to provide extended and/or excess services per sections
507 and 508 of the "Local Government Act" (LGA), as amended. For example, a portion of the trunk
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Document Number: 163357
water, sewage, or Drainage System may be required to be extended and/or provided with a capacity
in excess of that required to service the proposed Development. The cost of the extended/excess
services will be paid either by:
8.10.1 The City; or
8.10.2 The Owner of the land being subdivided or developed, subject to the Owner's right to
potentially recover costs paid through latecomer charges under section 508 of the "Local
Government Act".
8.11 The interest rate to be included in latecomer charges shall be a rate of interest equal to the Municipal
Finance Authority of BC lending rate for 15 years plus 2%.
8.12 Council hereby delegates to the City Engineer the power under section 507 and 508 of the "Local
Government Act" to:
-
Require extended or excess services in accordance with section 507 of the "Local Government
Act";
-
Determine whether the cost to the City of extended or excess services is excessive such that
the Owner of the lands subject to the Subdivision/Development must pay such costs;
-
Determine the proportion of the cost of providing the Works and Services that constitute
extended or excess services;
-
Identify the Parcels that will be served by the extended or excess services;
-
Determine which part of the extended or excess services will benefit each of the Parcels that
will be served; and
-
Enter into an agreement with the Owner of the lands subject to the Subdivision/Development.
9.
Public Convenience, Access, and Clean-up
In carrying out the work, the convenience of the public must always be considered and provided for, which
convenience is protected by statute, the common law and the City's bylaws. A Developer must obtain all
permits or permissions necessary to obstruct a street, thoroughfare or Sidewalk. In no case shall any street,
Roadway or place be obstructed more than is ordered or approved by the City Engineer in writing.
Developers must ensure that the public continues to have safe access to driveways, Buildings and property,
both for vehicles and pedestrians. Suitable and convenient platforms, approaches, structures, bridges,
crossings or other works shall be constructed and maintained in good order and serviceable condition as
required by the City Engineer.
No material shall be deposited upon any street, Sidewalk, Boulevard, grass plot, or other public property
without due consultation with and approval of the City Engineer, so that the least damage will be incurred.
Material shall not be allowed to remain thereon longer than necessary.
During all phases of the operations, precautions shall be taken to abate nuisance caused by mud or dust by
clean-up, sweeping, sprinkling with water, or other means as necessary to accomplish results acceptable to
the City Engineer.
10.
Works and Services - Specific Requirements
10.1
Drainage Collection and Disposal
10.1.1 Every Owner of land to be developed shall provide each Parcel within the proposed
Subdivision/Development with a Drainage System, including standard service connection
designed, constructed and installed in accordance with the minimum requirements,
standards and specifications contained in this Bylaw, and shall provide for connection of the
proposed Drainage System on the parcel to an existing adequate Drainage System.
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10.1.2 Every Owner of lands to be developed shall incorporate best management practices for
rainwater management during the design, construction and installation in accordance with
the minimum requirements, standards and specifications contained in the City's Design
Criteria Manual and this Bylaw.
10.1.3 Where the Parcel is accessed by a Panhandle, the storm sewer service must be extended
the full length of the Panhandle.
10.1.4 Infiltration Facilities (i.e., an Infiltration Gallery, Soil Amendment, and Pervious Pavement, as
outlined in the City's Design Criteria Manual) for single family residential dwellings, may be
allowed only in areas where a Professional Geotechnical Engineer's report states that the
existing soil conditions are permeable or porous and where the property is not already
connected to the City Drainage Systems. Infiltration Facility design shall follow the criteria
set in the City's Design Criteria Manual and are subject to review and approval by the City
Engineer.
- As a part of their Building permit application, the Owner of the land with an Infiltration
Facility, shall prepare and register a Restrictive Covenant on Title at their cost, that shall
require them:
To grant property access to the City to inspect their onsite Infiltration Facility to verify
it is functioning as designed periodically at all reasonable times and without notice
during the times the onsite Infiltration Facility is overflowing.
Not to add impervious materials to the subdivided lot by paving, adding onsite sheds,
or any other similar impervious infrastructures without the City's explicitly written
permission in advance.
To maintain their onsite Infiltration Facility clean and as per the requirements outlined
in the City's Design Criteria Manual.
To maintain their porous asphalt driveway by "vacuum sweeping" it annually for
prevention and rehabilitation of permeable surfaces of the porous driveway.
o When the ability to infiltrate Runoff diminishes as more sediment is captured and
retained, regular maintenance in the form of cleaning becomes increasingly
important to maximize performance and extend the life of permeable pavement.
To inform the City Engineer and acknowledge in writing within two working days, when
they find out (through their observation, and/or an inspection by a professional or City
staff) their onsite Infiltration Gallery is not functioning as designed and accept taking
responsibility to rectify the problem at their cost within 4 weeks of the time the problem
was made known to the Owner.
To agree that if the Owner fails to fix the malfunctioning Infiltration Facility within the
aforementioned time frame, the City at the Owner's expense, has the right to hire a
Contractor to fix the operational problems of these infrastructures at the Owner's cost.
The total expense for the Owner to pay shall include the cost of rectifying the
operational problems and the City's related administration cost (i.e., 5% of the cost of
rectifying the problems).
10.1.5 Every Owner of lands to be developed shall be responsible for the maintenance of their on-
site detention facility. As such, the Owner at their cost shall prepare and register a Restrictive
Covenant on Title which shall indemnify the City from any future damage claims to the
property and/or other neighbouring properties due to the storage/detention facility system
malfunctioning and obligates the Owner to inspect and maintain their onsite detention facility
regularly and as per the detention facility's O&M Manual.
- In the case of the on-site detention malfunctioning, the Owner is responsible to rectify the
problem. If the Owner fails to demonstrate to the City Engineer that necessary steps are
taken to fix the problem, the City at the Owner's expense, shall hire a Contractor to fix the
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operational problem of the on-site detention facility.
10.1.6 All portions of the site shall be kept properly and efficiently drained during construction and
until Final Acceptance by the City Engineer. The Developer shall be held responsible for all
damages which may be caused or result from water backing up or flowing over, through,
from, or along any part of the work, or which any of their operations may cause to flow
elsewhere.
10.1.7 At all times during the course of construction and to the end of the Maintenance Period, there
shall be no Discharge of any silt, dirt or debris into any existing Drainage System or
watercourse, as referred in the City's Watercourse Protection Bylaw. Streets, catch basins,
manhole sumps and siltation controls shall be cleaned and maintained to the satisfaction of
the City Engineer.
10.2
Water Distribution - Domestic
10.2.1 Every Owner of lands to be developed shall provide each Parcel, within the proposed
Subdivision/Development, with a Water Distribution System, including standard service
connections that is designed, constructed and installed in accordance with the minimum
requirements, standards and specifications contained in the City's Design Criteria Manual
and this Bylaw, and shall provide for connection of the proposed Water Distribution System
on the parcel to an existing adequate Water Distribution System.
10.2.2 Where the Parcel is accessed by a Panhandle, the watermain service must be extended the
full length of the Panhandle.
10.2.3 When the City's watermain is within an SRW on private property, the City Engineer may
require a signed and sealed geotechnical report to investigate the soil condition and its effect
on any construction activities at the vicinity of the City's watermain. The City Engineer shall
use the outcome of the investigation in this report to decide whether a Restrictive Covenant
on Title is required to restrict the depth and location of any proposed footings, Buildings,
overhangs etc. in the vicinity of the watermain.
10.3
Sewage Collection and Disposal
10.3.1 Every Owner of lands to be developed shall provide each Parcel of land, within the proposed
Subdivision/Development, with a Sanitary Sewer System, including standard service
connections that is designed, constructed and installed in accordance with the minimum
requirements, standards and specifications contained in the City's Design Criteria Manual
and this Bylaw, and shall provide for the connection of the proposed Sanitary Sewer System
to an existing adequate Sanitary Sewer System.
10.3.2 Where the Parcel is accessed by a Panhandle, the sanitary sewer service must be extended
the full length of the Panhandle.
10.3.3 The use of onsite sanitary pump stations is discouraged. Where the only feasible alternative
is the use of pump stations, the Consulting Engineer must receive prior approval from the
City Engineer.
-
On-site/private pump stations shall be designed in accordance with the BC Plumbing
Code, BC Building Code, BC Electrical Code, and other relevant standards.
-
When under special circumstances, as outlined in the City's Design Criteria Manual, a
private sanitary pump system is approved, the Owner at their cost shall prepare and
register a Restrictive Covenant on Title before the Servicing Agreement between the City
and the Owner is signed, that shall indemnify the City from any future damage claims
originated from the property Owner and/or third parties, due to the pump system
malfunctioning.
-
When the City's Sanitary Sewer System is within an SRW on private property, the City
Engineer may require a signed and sealed geotechnical report to investigate the soil
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condition and its effect on any construction activities at the vicinity of the City's Sanitary
Sewer System. The City Engineer shall use the outcome of the investigation in this report
to decide whether a Restrictive Covenant on Title is required to restrict the depth and
location of any proposed footings, Buildings, overhangs etc. in the vicinity of the Sanitary
Sewer System.
10.4
Power and Telecommunications Distribution
Unless otherwise approved by the City Engineer:
10.4.1 Every Owner of lands to be developed within the City, shall provide each Parcel with
connection to the nearest existing underground or overhead power and telecommunications
distribution system fronting the lands via an underground connection as defined in hydro and
telephone manuals. For certainty, no aerial/overhead extensions to existing overhead
systems or new poles are permitted.
10.4.2 Where there is an existing service to a structure to be retained within the City, the service
must be replaced by an underground service. Overhead utility services to existing structures
may be retained at the discretion of the City Engineer.
10.4.3 Where the Parcel is accessed by a Panhandle, the service must be extended the full length
of the Panhandle.
10.4.4 Where undergrounding hydro and telecommunications is deemed by the City Engineer to be
infeasible at the time of the Subdivision/Development application, the Developer shall install
conduit and vaults along the frontage of the Subdivision/Development Parcel based on a BC
Hydro approved plan and pay the City a Cash in Lieu amount for the remaining Works and
Services plus 5% engineering fees to have the undergrounding work be completed in the
future, when The City Engineer deems this feasible.
10.4.5 Pad Mounted Transformers (PMTs) servicing developments are to be located on private
properties with their maintenance access road locating within the property.
-
All transformers shall be wrapped upon installation by the Developer.
10.5
Provision of Access
Except as otherwise provided in this Bylaw, the Owner shall provide Highway access systems within
a Subdivision/Development so that each such system:
10.5.1 Serves and can be connected to all Parcels created by the Subdivision/Development;
10.5.2 Extends along all Parcels within the Subdivision/Development to provide access to all
Buildings within the Subdivision/Development;
10.5.3 Provides the standard of Subdivision/Development as set out in this Bylaw; and
10.5.4 Provides for extension and connection of the system to lands and systems beyond the
Subdivision/Development.
Without limiting the generality of the foregoing, the Owner shall not be required to provide vehicular
or pedestrian access systems where or to the extent that:
-
Systems or parts thereof already exists which provide the standards required in the City's
Design Criteria Manual and this Bylaw for both the existing Parcels and those created by the
Subdivision/Development; and
-
The Parcels being created will have access appropriate to their intended use.
10.6
Highways
10.6.1 Every Owner of lands to be developed shall provide each Parcel of land within the proposed
Subdivision/Development with access to a Highway that at a minimum must include a
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Roadway.
10.6.2 Every Owner of lands to be developed shall submit a Traffic Impact Assessment (TIA) study,
with the scope of work as outlined in the City's Design Criteria Manual, to assess the impact
of their proposed Subdivision/Development on pedestrian, cyclist, transit, and automotive
infrastructure.
- A TIA is not required for a single family, duplex, triplex, and fourplex
Subdivision/Development application.
- The Developer shall implement TIA recommended improvements at their cost as part of
the Servicing Agreement.
10.6.3 Every Highway, required or provided in respect to a proposed Subdivision/Development,
shall be dedicated, designed, constructed and installed in accordance with the minimum
requirements, standards and specifications contained in this Bylaw, the City's Design Criteria
Manual, and the "Land Title Act", as amended from time to time.
10.6.4 Where the City Engineer believes that due to terrain and soil conditions, the proposed Works
and Services cannot be adequately constructed in accordance with the minimum
requirements, standards and specifications of this Bylaw and the City's Design Criteria
Manual, they may require that the Owner provide, without compensation, SRW of a width or
dimension that, in the City Engineer's opinion, would permit the Works and Services to be
adequately and appropriately designed, constructed and installed for the purpose intended.
10.7
Highway Dedication
The
required
Highway
dedications
for
various
classifications
of
Highways
in
a
Subdivision/Development shall be specified by the City Engineer to meet City's Design Criteria
Manual, as amended. The City shall advise the Owner of the classification of each Highway in a
proposed Subdivision/Development and the required Highway dedication.
Notwithstanding any other provision hereof:
10.7.1 Dedications by the Developer shall be dependent on the ultimate design of the Roadway
within each Roadway classification and the ability to provide Works and Service as defined
by the City Engineer, and the City's Design Criteria Manual.
10.7.2 Additional Highway dedication may be required in order to provide traffic turn-lane
channelization or minimum curb return radius at intersections with Arterial, Collector, or Local
Roads or to accommodate utility transformer pads; and
10.7.3 Additional Highway dedication may be required at intersections between lanes or at right
angle turns in any Highway; and
10.7.4 A Highway dedication of a triangular shaped corner truncation, as set by the City's Design
Criteria Manual, along each of the front and exterior lot lines of all corner lots will be required.
10.7.5 Where a Subdivision/Development borders on a natural body of water, access to the body of
water shall be given by Highways in accordance with the requirements of the "Land Title Act",
Chapter 245, Part 5, Section 58.
10.7.6 Half Roads may be required only when the land Parcel opposite or adjacent to the
Development is not participating in the Development. The travel portion of half Roads will
have sufficient dedication to include all the required services, including Sidewalks, utilities
and streetlights.
- Where applicable, the half Road shall accommodate minimum Road width of 8.0 m for
fire truck access.
10.7.7 When a recreational Trail is proposed on the subject property or the adjacent property, the
Developer shall confirm with the City Engineer, the actual location of the Trail, the appropriate
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Trail classification in order to determine the area to be dedicated and the design of the Trail,
including whether there is a need for a trailhead facility.
-
In some cases, the dedicated land for the recreational Trail may be fenced but not
constructed. In these cases, the City Engineer shall take Cash in Lieu contributions for
the development of the Trail in the future. The cash payment will be taken in the event
that the Trail section has no logical continuation beyond the area being developed.
10.8
Sidewalks, Bike Lanes, MUPs, Walkways and Emergency Access
10.8.1 The
Owner
shall
provide
sidewalks
on
Highways
within
the
lands
being
subdivided/developed in accordance with the requirements specified in this Bylaw;
10.8.2 Without limiting the generality of Subsection 10.8.1, the City Engineer may require:
10.8.2.1 Sidewalks, buffered bike lanes and/or MUPs along any Highway within a
Subdivision/Development on which substantial pedestrian traffic is expected to be
generated;
10.8.2.2 Sidewalks, buffered bike lanes and/or MUPs along the side of a Highway within a
Subdivision/Development which fronts on or abuts a school, park, recreation
facility, public Building, shopping area or Commercial Subdivision/Development;
10.8.2.3 Sidewalks, buffered bike lanes and/or MUPs on both sides of an Arterial, Collector,
or Local Road within a Subdivision/Development;
a. One-side Sidewalks may be approved in predominantly single family residential
areas, where in the City Engineer's opinion, available lands to accommodate
Sidewalks on both sides are infeasible.
10.8.2.4 Walkways within a Subdivision/Development, connecting points between which
pedestrian movement will be generated; and
10.8.2.5 Emergency access within a Subdivision/Development from the turnaround of a cul-
de-sac to the nearest Highway other than the Highway providing access to the cul-
de-sac.
10.9
Construction Standards
All Highways within or required in connection with a Subdivision/Development shall be cleared to the
full width and shall be graded, drained, surfaced and constructed in accordance with the City's Design
Criteria Manual, as amended from time to time.
Boulevard trees shall be planted where noted as a requirement in the City's Design Criteria Manual,
as amended.
10.10 Parkland Conveyance
Pursuant to Section 510 of the "Local Government Act", a Developer is required to convey 5% of
residential lands included in the Plan of Subdivision/Development to the City for parkland purposes.
Alternatively, the Approving Officer may require Cash-in-Lieu for all or a portion of the 5% parkland
conveyance. Lands to be conveyed to the City for park shall be subject to the following conditions:
10.10.1 The Approving Officer may require that lands be handed over in a natural state as a
Protected Natural Asset. In this case, all existing vegetation is to remain within the limits of
the parkland, including any significant trees at the property line. Existing grades/elevations
are to be maintained at the property lines and within the park itself unless approval for site
alterations is received in writing from both the Approving Officer and the City Engineer. The
lands will be inspected prior to acceptance and any identified hazards, including soil stability
concerns in steep slope areas, shall be rectified by the Developer at their cost.
10.10.2 Prior to commencement of any clearing, grubbing or construction within 10 metres of the
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parkland and when at the discretion of the Approving Officer the parkland shall be
undisturbed, the parkland must be fenced with signage installed on fencing that identifies
the bounds of the parkland, and indicating:
10.10.2.1 The future use of the land as a park.
10.10.2.2 That no construction storage shall occur on this Parcel of land nor shall any
construction debris be dumped on this site, and
10.10.2.3 That all trees and other vegetation must be left undisturbed.
10.10.3 Prior to commencement of any clearing, grubbing or construction in a Development site,
the Developer shall retain a certified arborist to conduct a tree assessment and provide a
report, including a map showing all significant trees on parklands and Protected Natural
Assets, and specifying trees to be retained and trees to be removed, as applicable. Lands
to be used as an active park and when requiring some degree of clearing, are to be cleared
at the Developer's cost in accordance with an approved grading and tree maintenance plan.
Trees that are to be retained are to be protected during all clearing and grading activities
undertaken by the Developer. Protection shall extend to the Dripline of trees. Trees
damaged due to these activities, or as a result of failure to adequately protect them, may
result in the need for the removal and replacement of the damaged trees at the Developer's
sole expense. The replacement trees will be based on the diameter at breast height of the
trees removed and shall include 1cm of replacement tree caliper for each 1 cm of diameter
of the removed trees. If there is insufficient room to plant these trees on the development
site, the funds will be provided to the City and placed in the General Reserve fund for future
use in the community.
10.10.4 Dedicated lands that are conveyed for active park use must be clear of any and all hazards,
either natural or man-made. Any costs associated with the clean-up are to be borne by the
Developer.
10.10.5 Dedicated lands shall also be free of common noxious weeds, including weeds designated
as an invasive plant, by the Weed Control Regulation under the "Weed Control Act", and
their seeds. The following Noxious Weeds will require control:
-
Knotweeds (Japanese, Bohemian, Giant, or Himalayan)
-
Giant Hogweed (Toxic - Do not touch)
-
English and Irish Ivies
-
English holly
-
Yellow Archangel
-
Common Periwinkle
-
Yellow Flag Iris
-
Daphne/Spurge Laurel (Toxic - Do not touch)
-
Cherry Laurel
-
Butterfly Bush
-
Bamboo
-
Scotch Broom
-
Purple Loosestrife
-
Himalayan Balsam
-
Himalayan Blackberry
10.10.6 Lands conveyed for active park use shall be graded, covered with a minimum of 100 mm
of topsoil and seeded prior to being turned over to the City. The City Engineer may require
the Developer to install all the required services at the property line for use in the park.
10.10.7 Parklands will not be formally accepted until they have been inspected by the City's Arborist
and accepted by the Approving Officer in writing. Prior to assumption of the park or
Protected Natural Asset, a site inspection will be undertaken ensuring that there are no
hazards and that the lands are in an acceptable state prior to the land being transferred to
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the City. The hazard assessment will include all trees along the property lines that could be
affected by work of the Developer on the adjacent lands not being dedicated to the City.
10.10.8 Parklands for active use shall remain the responsibility of the Developer until dedication to
the City. This may include initial grass cutting, litter pick-up, etc.
10.11 A proposal to construct below the MBE at properties that are not serviced by the City's Storm Sewer
System must include the following:
10.11.1 Letter of Assurance, Schedule B from a Professional Geotechnical Engineer (the disciplines
to be included, but not limited to, are 4.2, 4.3, and 8.1).
10.11.2 Sealed drawings showing the design in accordance with this Bylaw and the City's Design
Criteria manual, a site cross section of the Building and complete Drainage System with
elevations and the location of the proposed rainwater management system (e.g., Infiltration
Gallery), as required in the City's Design Criteria Manual.
10.11.3 A sealed report from the Professional Geotechnical Engineer including but not limited to
the following items:
-
Soil texture,
-
Seasonal high groundwater table elevations,
-
The proposed MBE,
-
A statement confirming the Building may be used safely for the use intended.
-
The conditions of use and construction methods which may be applicable.
Once the above report has been accepted by the City, a draft Restrictive Covenant is to be
submitted by the Owner with the above report attached as "Schedule A". The Owner will
be notified if the draft document requires corrections or amendments. Once the draft
Restrictive Covenant has been accepted, the Owner shall provide two signed copies of the
document, and the letter of undertaking from the Owner's lawyer or notary to the City for
final signature.
10.12 Protection of Offsite Trees during Construction Requirements
Maintenance, growth, and enhancement of the offsite trees (at the neighbouring and City owned
properties) are important goals of the City through its strategic plan. Preserving and protecting
healthy trees can help the City achieve these goals. Considering offsite tree protection in the initial
stages of Subdivision/Development or construction planning may mean the difference between
preserving a healthy tree and having to remove it. Plans shall be created with the offsite tree
protection in mind.
There are a number of steps that need to be taken to protect offsite trees prior to, during and after
any construction project, the following are the requirements for tree protection on any new
Development projects, or City infrastructure construction projects;
10.12.1 Submission of Offsite Tree Survey
With an application for issuance of a Development permit or Building permit, or civic
construction project, the Owner or the Developer on behalf of the Owner, must submit to
the City Engineer a tree survey, certified correct by a BC Land Surveyor who is a member
of the association of British Columbia Surveyors that shows:
a. All off-site trees on adjacent properties to the site and/or on City Boulevards that their
driplines are at or within the property line and/or their trunks at breast are within 2 meters
of any boundary of the site.
b. The tree grade or tree elevation for each tree referred to in subsection (a);
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c. The drip line for each such tree
10.12.2 Submission of Arborist's Report
With an application for issuance of a Subdivision/Development permit, Building permit or
civic construction project the Owner or the Developer on behalf of the Owner must also
submit a report certified correct by an arborist that sets out
a.
The condition, size, and species of trees listed in the offsite tree survey, as per item
10.12.1;
b.
The impact of the proposed development and construction on the health of the trees
and potential hazards to them during or after construction
c.
Development or construction limitations
d.
Recommended construction practices to protect the trees during and after
construction; and
e.
An undertaking from the Owner's arborist and the Owner to the City that the arborist
will perform or supervise performance of:
i.
Pre-construction treatment of trees including root and branch pruning
ii.
Regular site inspection during construction, and will report any offence against
these requirements on the site to the City Engineer or on any street adjacent to
the site.
iii.
Restorative landscape treatment including soil renovation
iv.
Selection and planting of any replacement trees required to be removed during
construction
v.
A post construction inspection of the site, and will prepare a report, certified
correct by the arborist, for submission in a timely manner, to the City Engineer.
10.12.3 Exception for interior alterations
If a Development permit or Building permit is for alterations only to the interior of a Building
and, in the opinion of the Approving Officer, none of the work, or storage, transport, or
removal of materials, will affect any offsite trees, section 10.12.1 and 10.12.2 do not apply.
10.12.4 Demolition, excavation, or construction
A person must not commence or carry on demolition, excavation, or construction on a site,
except in accordance with the requirements set in the City's Design Criteria Manual and
this Bylaw.
10.12.5 The Owner shall:
a.
Install a protection barrier for each retention tree, as defined in subsection 10.12.1,
before demolition, excavation or construction begins on the site;
b.
Ensure that the protection barrier meets the requirements for a protection barrier listed
in this Bylaw, throughout the course of demolition, excavation and construction on the
site and
c.
Maintain the protection barrier in good repair continuously throughout the course of
demolition, excavation and construction on the site.
10.12.6 No construction without protection barrier
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No person shall carry out demolition, excavation or construction on a site unless there are
offsite trees protection barriers in place as required in this Bylaw.
10.12.7 Location of protection barrier
Each protection barrier referred to in section 10.12.5 must extend into the site from the
nearest boundary of the adjacent site by the greater of two meters or such other distance
determined by the Owner's arborist and approved by the City Engineer to be necessary to
protect the tree and the adjacent property.
10.12.8 Additional requirements for trees on Boulevards
In addition to the requirements of sections 10.12.5 and 10.12.6, before and during
demolition, excavation, or construction on a site, the Owner of the site must:
a.
Comply with the requirements of the City arborist with respect to any tree on a
Boulevard or adjacent to the site.
b.
Not prune, move, or otherwise disturb such tree unless the City arborist has given
their prior written permission.
c.
Ensure that each protection barrier:
i.
Allows for free and clear passage of pedestrians on the surrounding portion of
the Boulevard and on the Sidewalk adjacent to the Boulevard.
ii.
Allows for clear visibility of fire hydrants, driveway accesses and crosswalks.
10.12.9 Condition of protection barriers and retention trees
A person who installs a protection barrier under this section must:
a.
Care for the retention tree within the tree protection area, during the construction
process, including sufficient watering, particularly if excavation has disturbed the tree
root system.
b.
Attend to proper root pruning and care for the remaining root system under the City
arborist's supervision.
c.
Minimize root damage, soil erosion and tree disturbance wrap a temporary root curtain
around the root zone to retain and protect the exposed area, which root curtain is to
consist of heavy wire mesh or similar material lined with burlap and supported by
posts.
d.
Use backfill to ensure that none of the roots remain exposed.
e.
If required by the City Engineer, tunnel rather than trench when installing underground
utilities and drainage lines, which techniques includes boring a hole under or through
the root system with minimal disturbance, and carry out any excavation within the tree
protection area to accommodate underground installations, including footings, by hand
and
f.
Maintain such protection barrier, repair any damage to it, and not alter or remove it
until construction is complete.
10.12.10 No encroachment
A person must not encroach into a tree protection area, with or without vehicles and must
not store anything in such area until construction is complete.
10.12.11 Tree Protection barriers
A typical tree protection detail drawing is shown in the City's Design Criteria Manual that
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identifies the varying Tree Protection Zone (TPZ) based on tree size measured as Diameter
at Breast Height (DBH).
In some cases, disturbances in the TPZ may be unavoidable, in which case, the TPZ must
be adjusted in consultation with the arborist and with approval of the City Engineer. In these
situations, it may be necessary to implement other tree protection measures such as
horizontal root protection.
10.13 Protected Natural Assets (PNA)
PNAs are intended to remain in a natural or naturalized condition for the purposes of providing fish
and wildlife habitat and opportunities for passive recreation. PNAs may be subject to flooding and/or
erosion from time to time. Maintenance activities on such lands shall be limited to risk mitigation and
habitat enhancement, as required by the City.
11.
Subdivision/Development Approval
11.1
Prior to commencement of construction to install Works and Services, a Servicing Agreement is
required. The purpose of the Servicing Agreement is to ensure offsite infrastructures are built to the
standards outlined in the City's Design Criteria Manual and protect the City against claims (including
liability) for matters arising from the construction, installation, and inspection of the Works and
Services.
It also allows for provisions which enable:
-
The Approving Officer to consider signing of the Subdivision plans prior to the start and/or
completion of the Works and Services, except in the case of Subdivisions for single family
residential lots where all Works and Services shall be completed in accordance with Section
12 prior to Final Approval of the Subdivision; and
-
Building Officials to consider issuing Building permits prior to the start and/or completion of the
Works and Services, if and when the land is serviced.
11.2
The Owner of the lands being developed shall:
Deposit with the City an irrevocable Letter of Credit in a form acceptable to the City, a certified
cheque, debit, or cash in the amount outlined in Schedule B of this Bylaw for constructing and
installing all Works and Services required to serve the proposed Subdivision/Development,
including Boulevard and street tree planting.
The City Engineer may use the deposits to:
-
Remedy/complete:
Any deficient Works and Services
Any defects in the Works and Services appearing within one year from the date of
completion of the Works and Services.
Any damages to other infrastructures or property resulting from the Works and Services
done.
- Cover the cost for possible need of engaging third-party Engineering works, including
environmental assessment, testing and sub-consultant services.
12.
Supervision of Construction
The Owner shall, through a Consulting Engineer engaged by the Owner, provide general supervision and
sufficient resident supervision of the construction of the Works and Services to certify that such Works and
Services are constructed and installed in accordance with the drawings approved by the City Engineer and
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all requirements herein contained.
The Owner shall cause their Consulting Engineer to prepare and submit for approval of the City Engineer the
"Record Drawings" (i.e., as constructed drawings) of the Works and Services.
13.
Property Taxes and Utility Fees
The Owner shall, prior to Final Approval of a proposed Subdivision/Development, pay all property taxes,
utility fees, rates, applicable Local Improvements and charges assessed and levied against the lands to be
developed/subdivided. Where such taxes, fees, rates, applicable Local Improvements, and charges for the
then current year have not been assessed, levied and imposed on the said lands at the date on which the
approval of the Subdivision/Development is signed by the Approving Officer, the Owner shall pay the amount
estimated by the City's Corporate Services Department to be the total of said taxes, fees, rates, applicable
Local Improvements, and charges to be assessed, levied, and imposed on the said lands for the then current
year.
For Subdivisions/Developments approved in November and December of any year, in addition to all property
taxes, utility fees, rates, applicable Local Improvements and charges assessed and levied against the lands
to be developed/subdivided for the current year, the Owner shall, prior to Final Approval of a proposed
Subdivision/Development, also pay an estimate of all property taxes, utility fees, rates, applicable Local
Improvements, and charges assessed and levied against the lands to be developed/subdivided for the
following year. These payments will be credited towards the property tax and utility billing that occurs in May
of the following year.
The Owner shall submit their property tax certificate issued by the City's Corporate Services Department
confirming that all property taxes, utility fees, rates, applicable Local Improvements and charges assessed
and levied against the lands as described in this section of the Bylaw have been paid.
14.
Fees
The Owner shall pay all applicable fees payable under this Bylaw as set out in the City's Fees and Charges
Bylaw, as amended, prior to receiving Final Approval of a Subdivision/Development by the Approving Officer
and prior to Building permit issuance.
15.
Development Cost Charges
The Owner shall pay to the City all applicable Development Cost Charges (DCC's) in connection with a
Subdivision/Development prior to receiving Final Approval of the Subdivision/Development by the Approving
Officer and prior to Building permit issuance.
16.
Municipal Works and Services
The Owner shall pay to the City all applicable charges for connecting the Works and Services required to
service a Subdivision/Development, prior to receiving Final Approval of the Subdivision/Development by the
Approving Officer.
17.
Schedules
Schedules A through F, are attached to, and form part of, this Bylaw.
18.
Repeal of Bylaw
Bylaw, 2008, No. 2744, cited as "Subdivision and Development Servicing Bylaw", and all amendments are
repealed.
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SCHEDULE A - TYPICAL ENGINEERING SERVICE REQUIREMENTS
The minimum service requirements for lands under every OCP designations shall be as follows. The City Engineer
may set additional requirements to ensure the proposed Subdivision/Development complies with the City's minimum
engineering standards and/or bylaws.
-
Asphalt surface for Roads and Lanes
-
Curb/gutter, Sidewalk, and/or MUPs (Multi Use Path)
-
Drainage System (stormwater management plan may be required)
-
Sediment control plan
-
Water Distribution System
-
Sanitary Sewer System
-
Underground electrical, natural gas distribution, and telecommunication systems
-
Ornamental street lighting
-
Sanitary Sewer System capacity and Water Distribution System analyses (hydraulic modeling may be
required)
-
Offsite tree protection plan
-
Boulevard tree planting
-
Traffic Impact Assessment (may be required)
The final stage of the engineering review process involves preparation of the Servicing Agreement which is a
contract between the City and the Developer defining and committing to the Works and Services required for the
project. This Servicing Agreement includes legal and financial obligations associated with the project.
Prior to preparing the Servicing Agreement, and once 4 copies of the final set of engineering drawings are submitted,
the City Engineer will require the Consulting Engineer to provide a Class A cost estimate (i.e., a detailed cost
estimate for the breakdown of the construction cost) of the offsite Works and Services. This cost estimate will be
used by the City staff to estimate Security Deposit and administration fees to be included in the Servicing
Agreement.
Once the Servicing Agreement is signed and all securities are submitted by the Developer and acceptable to the
City, then the City Engineer will advise the Development Services Department that the Engineering requirements
have been satisfied.
The flowchart below illustrates when a Servicing Agreement, during a typical application process, is signed.
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SCHEDULE B - GENERAL REQUIREMENTS
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SCHEDULE B - GENERAL REQUIREMENTS
1.
Introduction
1.1.
The intent of the regulation listed in this schedule is to ensure that every Subdivision/Development
in the City is developed with an adequate standard or level of servicing and facilities such as Road
and Sidewalk, street lighting, traffic signals, power and telecommunications wiring, offsite
Landscaping, sanitary sewer system, rainwater/storm collection system, and Water Distribution
System.
2.
Scope and Use of this Schedule
2.1
This schedule shall be applicable to Subdivisions, Developments, and City properties or rights-of-
way in the City.
3.
Construction Specifications
3.1
All construction within the scope of this schedule (Road, sanitary sewer, storm sewer, watermain,
etc.) shall conform to the latest edition of the Master Municipal Construction Documents (MMCD) and
the requirements, standards and specifications prescribed in the City's Design Criteria Manual, as
amended from time to time.
3.1.1
Should any conflict exist or arise between these documents, the City's Design Criteria
Manual shall take precedence over the MMCD.
4.
Agreements, Bonding, Insurance, Permits
4.1
Servicing Agreements Contents, Provisions and Procedure
4.1.1
The Approving Officer may approve a Subdivision/Development Plan prior to the construction
and installation of the works required to service the proposed Subdivision/Development,
where the Owner of the lands being developed executes a Servicing Agreement with the
City. The City Engineer and Approving Officer are hereby authorized to execute a Servicing
Agreement with the Owner to construct and install the Works and Services.
4.1.2
The Servicing Agreement makes provision for, among other matters:
4.1.2.1
Security Deposit;
4.1.2.2
Indemnity clause;
4.1.2.3
Insurance requirements;
4.1.2.4
Maintenance Period;
4.1.2.5
Warranty Deposit;
4.1.2.6
Progress draws; and
4.1.2.7
Administration fees.
4.1.3
When entering into a Servicing Agreement the following procedure shall be followed:
4.1.3.1
Two copies of the Servicing Agreement shall be obtained from the Engineering
Services. Both copies of the Agreement shall be signed and executed by Owner's
authorized signatory plus their initial on every page, and returned to the City
Engineer along with the following:
4.1.3.2
Security Deposit in the amount and form specified;
4.1.3.3
A non-refundable Administration and Inspection fee in the amount calculated in
accordance with subsection 4.1.4 and specified in the Servicing Agreement; and
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4.1.3.4
Any other connection fees, Cash in Lieu of Works and Services, latecomer fees, or
similar charges levied by the City and required in the Servicing Agreement.
4.1.4
Administration and Inspection Fee
4.1.4.1
An Inspection and Administration fee is required based on the estimated cost of the
off-site construction. The fee will be:
Estimated Construction Costs
Fees Payable
< $100,000
6.0%
$100,000 to $250,000
5.5%
250,001 to $500,000
5.0%
≥ $500,000
4.5%
.
4.1.5
Security Deposit
4.1.5.1
The Security Deposit deposited by the Developer is to ensure the required design,
construction, installation and maintenance of the appropriate, legislated Works and
Services and offsite Landscaping. The Security Deposit shall be based on:
4.1.5.1.1
The estimated cost of construction as provided by the Developer's
Consulting Engineer and Landscape Architect and accepted by the City
Engineer (excluding works done by the City);
4.1.5.1.2
Plus (+) 10% contingency to cover possible rising costs and unforeseen
situations during the life of the project.
4.1.5.1.3
Plus (+) 10% to cover the cost for possible need of engaging third-party
Engineering works, including environmental assessment, testing and
sub-consultant services; and
4.1.5.1.4
Plus (+) applicable taxes, as a separate cost item in the Consulting
Engineer's cost estimate.
4.1.5.2
The Security Deposit shall be in the form of cash, debit, certified cheques, or an
automatically renewing and irrevocable Letter of Credit which shall refer to the
Municipal Project number and the Developer's name or company that is noted on
the Servicing Agreement.
4.1.5.3
Upon the City Engineer's approval, the Security Deposit may be subject to
drawdowns if the work has been constructed in accordance with the City's Design
Criteria Manual and the Bylaw herein.
4.2
Indemnity Clause
4.2.1
The Developer shall indemnify and hold the City, its officers, employees, elected officials,
agents and Contractors harmless from and against all actions and proceedings, costs,
damages, expenses, claims, and demands whatsoever and by whomsoever, brought by
reason of or arising in any way from the design, construction, installation or performance of
the required Works and Services.
4.2.2
If as a result of any willful or negligent act or omission of the Developer in fulfilling its
obligations under this Bylaw, the City becomes obligated to pay any money to any person,
the Developer shall reimburse the City for all such monies and reasonable expenses.
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4.3
Public Liability and Property Damage
4.3.1
Prior to the commencement of any Works and Services, the Developer shall obtain and
maintain a policy or policies of insurance acceptable to the City and in accordance with the
requirements of Sections 4.4 to 4.6. In all policies:
4.3.1.1
Each Contractor engaged in the work and the City shall be named as an additional
insured;
4.3.1.2
Each policy shall contain a provision that the insurance shall apply as though a
separate policy has been issued to each named insured; and
4.3.1.3
Each policy shall provide that no expiry, cancellation or material change in the
policy shall become effective until after 30 days' notice of such cancellation or
change. Notice of change shall be given to the City by registered mail.
4.3.2
The Developer shall maintain in good standing the insurance policy or policies until issuance
of a Certificate of Final Acceptance by the City Engineer.
4.4
Insurance Policy Limits
4.4.1
The following are limits to be included:
4.4.1.1
Comprehensive Public Liability Insurance and Property Damage Insurance
providing coverage of at least $5,000,000 inclusive against liability for bodily injury
or death and/or damage to property on an all risk occurrence basis;
4.4.1.2
Motor Vehicle Insurance for public liability and property damage providing coverage
of at least $5,000,000 inclusive on owned, non-owned or hired vehicles; and
4.4.1.3
Completed operations coverage on an all-risk occurrence basis of at least
$5,000,000 inclusive against liability for bodily injury, death and/or damage to
property of others arising out of the existence of any condition in the work when
completed or any installation or repair operations during the period of 12 calendar
months next ensuing after the issuance of a Certificate of Substantial Completion
by the City.
4.5
Insurance Policy Submission
4.5.1
At the pre-construction meeting the Developer shall deliver to the City, a copy of the policy
or policies of insurance certificate signed by a licensed insurance agent, certifying as follows:
4.5.1.1
"I hereby certify that the attached insurance policy provides insurance coverage as
required by Servicing Agreement number _________ between the City of Langley
and (the Developer), and that the attached Insurance Policy No.____ is valid for
the period of the Servicing Agreement."
4.5.2
No construction may commence if this provision has not been satisfied.
4.6
Patents and Copyrights
4.6.1
The Developer shall pay all royalties, patent and license fees, and hold and save the City, its
officers, agents, servants and employees, harmless from liability of any nature or kind,
including costs and expenses, for or on account of any copyrighted or un-copyrighted
composition, secret process, patented or un-patented invention, articles, or appliances
manufactured or used in the execution of the Works and Services, including their use by the
City.
4.7
Permits
4.7.1
Where any work is undertaken on a Highway within the City, where full or partial Highway
closures are necessary or contemplated, the Developer shall obtain a "Highway Use Permit"
from the City Engineer.
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5.
Conduct of Work
5.1
Responsibility
5.1.1
The Developer shall be held fully responsible to the City for the acts and omission of their
agents and of all persons directly or indirectly employed by him. The Developer agrees to
bind all agents or employees to the requirements, standards and specifications of the City's
Design Criteria Manual.
5.2
Survey Monuments and Legal Postings
5.2.1
All legal posts, stakes, and integrated survey monuments within the area of the Work and
Services, and all construction stakes and marks on adjoining works, shall be preserved
undisturbed and visible. In the event that any of the above are disturbed, lost or destroyed,
they shall be replaced to the satisfaction of the City Engineer. All costs for replacement or
re-integration shall be borne by the Owner/Contractor.
5.2.1.1
An Integrated Survey Area (ISA) monument shall be considered disturbed or
destroyed if the construction for the project:
-
Lowers the grade of the Road at the location of the ISA monument(s);
-
Raises the grade of the Road at the location of the ISA monument(s) by more
than 0.3 meters; or
-
Installs any underground utilities (including FortisBC, BC Hydro, Telus, Metro
Vancouver Regional District, water, sewer, drainage, etc.) within a 1.5 m
radius of the ISA monument(s).
5.2.2
The establishment of all legal surveys will be undertaken by a BC Land Surveyor (BCLS) and
in coordination with the City Engineer. All costs for replacement of any legal work shall be
borne by the Developer and/or their Contractor.
5.2.3
The City has adopted Metro Vancouver's High Precision Network (HPN) of monuments. Any
legal survey related work in the City shall be based on the HPN monuments.
5.2.3.1
When using HPN monuments is infeasible, the City Engineer may approve using
Global Positioning System Network (GPS) and the existing Integrated Survey Area
(ISA) monument system for legal surveys.
Prior to starting the work, the Developer shall confirm with the City Engineer whether their
survey works can be based on GPS and ISA monuments.
5.2.4
A Security Deposit of $15,000, for the replacement of destroyed/disturbed HPN survey
monuments, shall be paid by the Owner if working within the 5.0 m radius of an HPN
monument. The Owner shall contact the City Engineer for information on the City's HPN
whereabouts before starting the Works and Services.
5.2.5
The Surveyor shall complete their field work in conjunction with their final posting of the
Subdivision.
5.3
Work of Others
5.3.1
The City, its officers, employees, agents and Contractors shall be at liberty to enter upon the
site of the work with its workmen and materials to do other work, and the Developer shall
afford any such workmen all reasonable access and facilities.
5.3.2
The Developer shall arrange their work and dispose of their materials in such a manner as
will not interfere with the work or storage of materials or others upon the site of the work. The
Developer shall join their work to that of others, and perform their work in proper sequence
in relation to that of others to the acceptance of the City Engineer.
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5.4
Drainage
5.4.1
The City utilizes natural Streams as part of the Drainage System. Accordingly, the Developer
shall be responsible for complying with all Federal, Provincial and Municipal legislations with
respect to protection of fish, fish habitat, wildlife, wildlife habitat, species at risk, and
watercourses.
5.4.2
The Developer shall keep all portions of the site efficiently drained during construction and
until acceptance by the City. The Developer shall be responsible for all damages which may
be caused from water backing up, flowing over, through, from or along any part of the work,
or elsewhere.
5.4.3
Existing culverts, drains, ditches and water courses affected by the work shall be kept clear
of excavated material at all times. When it is necessary to relocate, remove or alter an
existing drainage structure, the Developer shall provide suitable alternative measures for
handling the drainage.
5.4.4
The Developer shall clean streets, catch basins, manhole sumps, detention tanks, and
maintain erosion and sediment controls as often as the City Engineer deems necessary, or
as deemed necessary by other City permits or legislation enacted for such purposes, until
the Works and Services are accepted by the City.
5.5
Work to Fit with Others
5.5.1
The Developer shall do all cutting, fitting or patching of their work that may be required to
properly fit or receive existing structures and utilities.
5.5.2
The Developer shall not connect their Works and Services to existing Works and Services
without the prior written consent of the City Engineer.
5.6
Damage to Work
5.6.1
The Developer shall bear the risk and all loss or damage which may occur on or to the Works
and Services until accepted by the City Engineer.
5.6.2
All repair, restoration or re-execution of the Works and Services shall be carried out to the
satisfaction of the City Engineer and at no cost to the City.
5.7
Use of Completed Portions
5.7.1
The City shall have the right to take possession of any completed, or partially completed,
portion of the Works and Services when considered necessary by the City Engineer. Such
possession shall not be deemed an acceptance of Works and Services. If prior use increases
the cost of constructing uncompleted Works and Services, or causes refinishing of completed
work beyond normal wear and tear, the Developer shall be entitled to such compensation as
the City Engineer may determine.
5.8
City's Right to Repair, Restore or Re-Execute the Works and Services
5.8.1
Should the Developer, within 14 days of the City's written notice to do so, fail to perform the
design, construction and installation of Works and Services, or fail to begin, repair, restore,
or re-execute the Works and Services, all to the satisfaction of the City Engineer, or fail to
comply with the requirements, standards and specifications of the City's Design Criteria
Manual, the City shall be hereby empowered to repair, restore or re-execute the Works and
Services at the cost of the Developer.
5.8.2
Despite any other provisions of this Bylaw and the City's Design Criteria Manual, the City
reserves the right to repair, restore or re-execute the Works and Services on an emergency
basis without written notice.
5.8.3
The work performed by the City shall not relieve the Developer from the performance and
fulfillment of any of their obligations and duties under City's Subdivision and Development
Servicing Bylaw, as amended, and/or City's Design Criteria Manual.
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5.9
Payment of Accounts
5.9.1
The Developer shall pay all accounts for labour, services and materials, incurred by the City
as a result of the City performing any repair, restoration or re-execution of the Works and
Services whether during the design, construction and installation of the Works and Services
or during any Maintenance Period as established herein. Should payment not be made upon
invoice, the City shall deduct the payment from the Security Deposit or Warranty Deposit, as
the case may be.
5.9.2
If the amount is greater than the Security Deposit or Warranty Deposit, as the case may be,
the Developer shall pay the difference when invoiced.
5.10
Arbitration
5.10.1 In the case of any dispute between the City and the Developer during the progress or
afterwards of the design, construction or installation of the Works and Services, as to any
matter arising there under, either party may at their option give to the other, notice of such
dispute and demand arbitration thereof and the parties may, with respect to the particular
matters then in dispute, agree to submit the same to arbitration in accordance with the laws
of the Province of British Columbia; provided, however, that if arbitration has not been agreed
upon, either party may elect to have such dispute determined by a Court of competent
jurisdiction. Arbitration shall not be a cause for the stoppage of work.
5.11
Public Convenience, Access and Clean-Up
5.11.1 In carrying out the work, the Developer shall always consider the convenience and safety of
the public.
5.11.2 The Developer shall not obstruct any Roadway or Sidewalk longer than is necessary.
5.11.3 The Developer shall provide for safe access to Sidewalks, driveways, Buildings and private
property for vehicles and pedestrians at all times.
5.11.4 The Developer shall allow for passing along and crossing of all Roadways and Sidewalks,
where practical, during the execution of the construction and installation of the Works and
Services.
5.11.5 The Developer shall construct and maintain in good order suitable platforms, approaches,
structures, bridges, crossings, signage or other Works and Services as required by the City
Engineer.
5.11.6 The Developer shall not deposit material upon a Roadway or other public or private property
without the consent of the City Engineer or private property Owner.
5.11.7 During all phases of the construction and installation of Works and Services, including the
Maintenance Period, the Developer shall take precautions to abate nuisance caused by mud,
dust or erosion by clean-up, sweeping, sprinkling with water or other means, as necessary
to accomplish results acceptable to the City Engineer.
5.11.8 At the discretion of the City Engineer and at the cost of Developer, all abandoned pipes shall
be either removed or filled.
5.11.9 The Developer shall obtain written consent from the City Engineer prior to any closure of a
Roadway, access way or SRW.
5.12
Traffic Control Barriers, Lights
5.12.1 The Developer must, at their own expense, provide, erect, and maintain all required barriers,
fences or other proper protection, and must provide, keep and maintain operating lights with
amber globes or provide watchmen/security as may be necessary, in order to insure safety
to the public as well as to those engaged about the premises or works.
5.12.2 Where it is practicable in the City Engineer's opinion, The Developer must keep any Roadway
open for travel for the use of the public for such width as the City Engineer may direct. The
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Developer must also provide a sufficient number of "NO THOROUGH FARE", "DETOUR",
or other signs or notices, as determined by the City Engineer, to be placed at distance from
the obstruction to serve sufficient warning to the travelling public and maintain such signs in
good order in conspicuous places wherever any Roadway, Sidewalk or thoroughfare is torn
up or dangerous, and so long as it remains unsafe or unfinished.
5.12.3 All vehicular or pedestrian traffic warning, control or barrier devices shall be provided in
accordance with the Traffic Control Manual for Work on Roadways as published by the BC
Ministry of Transportation & Infrastructure's Traffic Management Manual for Works on
Roadways and Uniform Traffic Control Devices Manual and shall be subject to the
acceptance of, or conditions of, the City Engineer.
5.13
Releases at Completion of Works and Services
5.13.1 The City Engineer may require that, upon completion of construction and installation of any
portion of the Works and Services on private property, the Developer obtains from each
affected property Owner, a formal release, in writing, verifying that the property has been
restored by the Developer to the same condition it was in as before such construction or
installation.
5.13.2 In the case of a dispute, the City Engineer's decision shall be final.
5.14
Utility Services
5.14.1 Engineering drawings submitted to the City for review are to identify all existing water, storm
and sanitary services greater than 30 years old and at the discretion of the City Engineer,
their abandonment may be incorporated into a Servicing Agreement.
5.14.2 The Developers and their Consulting Engineers shall follow all other requirements set in
Section 1.0 of the City's Design Criteria Manual, as amended.
5.15
Deep Excavation/Shoring Plan Requirements
The City's requirements with respect to shotcrete removal and soil anchors on public property is
outlined in the following notes, which shall be shown on the Excavation/Shoring Plan:
Shotcrete placed on City property within 1.5 meters of the finished ground surface must be removed;
5.15.1 Where in the opinion of the City Engineer, the proposed excavation poses a risk to public
property, a Security Deposit shall be required. The Security Deposit shall be issued in the
form of cash, a certified cheque or an irrevocable automatically renewing Letter of Credit
prior to an excavation permit.
The Security Deposit will be held until all of the following has occurred:
- Structure is to grade;
- Backfill has been completed;
- A Professional Geotechnical Engineer has provided a letter of certification stating the site
and adjacent properties (private and public) are stable; and
- video inspections of all nearby sewers before and after the excavation/shoring works to
ensure there is no damage.
Once the City receives confirmation of the aforementioned requirements and the video
comparison confirms there is no damage to adjacent utilities, the Security Deposit can be
released.
The Developer will be responsible for all costs associated with the repair of damage to City
infrastructure. If there is evidence of damage to City infrastructure, the City will proceed with
the repairs and costs will be charged back to the Developer. The Security Deposit will be
returned, less the amount incurred for repairs.
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5.15.1 Depth of shotcrete removal may increase depending on the amount of shotcrete
encroachment into City property. This will help to eliminate possible conflicts with future utility
and service installations within lane and Road allowances;
5.15.1 Removal operation must be completed in stages and in such a manner that damage to
adjacent utilities does not occur. Depth of shotcrete removal may be relaxed at the discretion
of the City should conflict with adjacent utilities compromise their integrity;
5.15.1 Depth of shotcrete removal will increase to accommodate installation of services to the
Building. Block outs may be incorporated in the placement of shotcrete to accommodate
installation of these services;
5.15.1 All anchors installed on City property within 1.5 meters of finished ground surface must be
removed. All anchors below 1.5 meters of finished ground surface must be de-tensioned or
fully grouted for its entire length after the lock-off load has been applied.
5.15.1 De-tensioning and removal of anchors shall be completed concurrently with backfill
placement in the presence of the City's Inspector. Any de-tensioning works in the absence
of the City's Inspector shall be verified by the City at the Developer's cost.
5.15.1 A Letter of Assurance must be submitted to the City Engineer, ensuring the above issues are
addressed.
6.
Inspection and Security Deposit Reduction
6.1
Inspections - General
6.1.1
The City Engineer shall be granted access to the site for the purposes of inspecting the
construction of the Works and Services to ensure that such Works and Services are
constructed and installed in accordance with the drawings approved by the City Engineer
and all requirements herein contained.
When required to do so by the City Engineer, every Owner shall uncover and replace at their
own expense any construction that has been covered contrary to this Bylaw.
The City Engineer may put a "Stop Work Order" on construction that is proceeding in
contravention of this Bylaw. No person shall commence or continue any construction while
this order is in place.
6.1.2
The Consulting Engineer shall supply representative samples of materials as requested by
the City Engineer. The Consulting Engineer shall provide on-site survey, measurements,
inspection and testing of the Works and Services. The testing and geotechnical firm(s) shall
immediately forward results, reports or recommendations to the Consulting Engineer and the
City Engineer.
6.1.3
Inspections by the City Engineer shall not constitute supervision or co-ordination of the Works
and Services, and neither are they intended to serve in place of proper Engineering
supervision of the Works and Services by the Developer's Consulting Engineer.
6.2
Field Reviews by the Consulting Engineer
6.2.1
The Consulting Engineer shall be responsible for:
6.2.1.1
Carrying out periodic "Field Reviews" (i.e., inspection) of the Works and Services
at the construction site, as per Engineers and Geoscientists BC's regulations and
requirements, to confirm that the construction and installation of the Works and
Services:
-
Conforms to the intent of the accepted designs; and
-
Complies with the requirements, standards, and specifications of this Bylaw.
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A signed and sealed copy of each and every Field Review assessment report shall
be sent to the City Engineer within 5 working days;
6.2.1.2
Engaging the services of qualified testing and geotechnical firms to provide quality
assurance inspections, recommendations and testing of the Works and Services,
as required by the City Engineer; and
6.2.1.3
Ensuring that all other requirements of the City are performed and completed to a
satisfactory conclusion.
6.3
Testing or Confirmation of Completed Works and Services
6.3.1
The City Engineer may conduct independent testing of any or all Works and Services.
Typically, these tests will be conducted on a random basis and are for the purpose of
ensuring that the Works and Services being accepted by the City Engineer meet the
minimum requirements, standards and specifications of this Bylaw.
6.3.2
In addition to ensuring that the City Engineer has proper and accurate records of the Works
and Services constructed by the Developer, survey spot checks may be conducted from time
to time to verify authenticity of the as constructed information.
6.3.3
The costs for this random testing or surveying shall be borne by the City. If the Works and
Services do not comply with this Schedule, the Developer shall bear such costs plus all costs
for repairs, replacement, reconstruction and re-certification of any Works and Services
disturbed, exposed, removed or affected by the random checks.
6.4
Security Deposit Reductions
6.4.1
As the Works and Services progress, the Consulting Engineer may prepare and submit to
the City Engineer a Security Deposit/Letter of Credit (LOC) reduction request setting forth an
estimate of the quantity, value and percentage of the work completed.
6.4.2
Upon verification of the estimate the City Engineer may release Security Deposit held by the
City to a maximum of 75% of the value of the works completed. The City Engineer may deny
reductions where, in their opinion, the amount of Security Deposit remaining is required to
cover the remainder of the work. No Security Deposit reduction request shall be for a period
of less than one month. Security Deposit reductions are for the convenience of the Developer
and, in no case, shall be taken as acceptance of the material plant or workmanship of
stipulated Works and Services.
6.4.3
Following issuance of the Substantial Completion Certificate, the City Engineer may reduce
the Security Deposit to the Warranty Deposit.
7.
Certificate of Substantial Completion
7.1
For Works and Services Except Street Tree and Boulevard Plantings:
7.1.1
Upon completion of the Works and Services, the Developer or their Consulting Engineer shall
notify the City Engineer, who shall issue a letter of Substantial Completion upon satisfactory
inspection of the Works & Services to determine conformance to the approved drawings and
specifications.
- The City Engineer shall, if necessary, issue a list of deficiencies that must be corrected
prior to issuance of a Certificate of Substantial Completion.
7.1.2
The City Engineer shall not issue a Certificate of Substantial Completion of the Works and
Services until the works have been certified by the Developer's Consulting Engineer as
complete and constructed in accordance with the specifications and requirements contained
herein:
7.1.2.1 All deficiencies are rectified, with the exception of minor deficiencies;
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7.1.2.2 Record drawings (i.e., As-Builts) of the required Works and Services (one set of
paper prints, an electronic copy in DWG format, and one copy in PDF of the
drawings showing the works as actually constructed, certified correct by the
Owner's Consulting Engineer) have been accepted by the City Engineer;
7.1.2.3 Service Record Cards, supplied by the City and completed by the Owner's
Consulting Engineer showing for each Parcel in the Subdivision/Development, the
location of the sewerage, drainage and water service connections, have been
accepted by the City Engineer.
Services Record Cards for each Parcel shall show:
SRW and easements as they pertain to the Parcel;
location, inverts and depth of water, storm and sanitary connections; and
MBE.
7.1.2.4 All legal encumbrances have been registered or released accordingly;
7.1.2.5 A written declaration from the Consulting Engineer has been received stating that
all Works and Services have been supplied, designed, constructed and installed in
substantial conformance with the accepted design drawings and the requirements,
standards and specifications of the City's Design Criteria Manual (as amended),
this Bylaw, and all other applicable City bylaws;
7.1.2.6 The City Engineer has inspected the Works and Services and is satisfied with them
in accordance with the specifications and requirements of the City's Design Criteria
Manual (as amended) and this Bylaw; and
7.1.2.7 Final grade at the time of completion shall be prepared by the Developer and shall
be 450 mm below finished grade within the boundaries of the lot or pursuant to a
phased lot grading plan accepted by the City Engineer. A 450 mm of Amended Soil
shall be placed by the builder or the Developer prior to the final inspection of the
Building permit, as per requirements set in the City's Design Criteria Manual.
7.2
For Offsite Landscaping (Street Tree and Boulevard Plantings):
7.2.1
Upon completion of Landscaping as required under the City's Design Criteria Manual, the
Developer's Landscape Architect shall inspect the work, and if necessary, issue to the
Contractor a list of deficiencies that shall be corrected.
7.2.2
Upon adequate completion of all deficiencies the Developer's Landscape Architect shall
submit British Columbia Society of Landscape Architects (BCSLA) L3 Schedule to the City
Engineer.
7.2.3
The City Engineer shall issue a Landscape Certificate of Substantial Completion upon
satisfactory inspection of the work to determine conformance with the requirements,
standards and specifications of the City's Design Criteria Manual and the approved drawings
and specifications.
8.
Building Permit Issuance
8.1
No Building permit for any Building will be issued without the Developer providing proof acceptable
to the City's Building Division, in writing or on plans, that the Parcel of land is serviced in accordance
with BC Building Code, and to the standards and specifications outlined in this Bylaw and the City's
Design Criteria Manual.
8.2
No single-family Building permit will be issued until a Certificate of Substantial Completion for the
required Works and Services under the Servicing Agreement has been issued by the City Engineer.
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9.
Inspection of Offsite Landscaping
9.1
The Developer shall, at their sole cost and expense, supply representative samples of materials and
plants as requested by the City Engineer. No payment, reimbursement or remuneration shall be
made to the Developer for the cost of labour, plant, material, work or any delay occasioned by this
requirement.
9.2
Inspections by the Landscape Architect are limited to ensuring that the Landscaping is in compliance
with the requirements, standards and specifications of the City's Design Criteria Manual and this
Bylaw and are in general conformance with the intent of the accepted plans and are in a condition
acceptable to the City.
10.
Warranty Deposit
10.1
Upon issuance of the Certificate of Substantial Completion, the City Engineer may release the
Security Deposit less a Warranty Deposit of 15% of the estimated cost of the Works and Services
plus an amount determined to be equal to that of any deficiencies, to a minimum of $5,000 to secure
the maintenance or repair to the Works and Services during the Maintenance Period.
11.
Maintenance Period
11.1
For Works and Services Except Street Tree and Boulevard Plantings
11.1.1. The Maintenance Period for Works and Services designed, constructed and installed under
this Bylaw, shall be for a minimum of one year following the date of issuance of the City
Engineer's Certificate of Substantial Completion and shall expire upon issuance of the Final
Acceptance Certificate.
11.1.2. During the Maintenance Period, the Developer shall guarantee the stability and sufficiency
of the materials and workmanship of the Works and Services and shall make good, correct
and repair all defects, imperfections, damage, and settlements which may arise or occur in
relation to the Works and Services.
11.1.3. The Developer shall ensure that the Roads and Sidewalks are kept clean and free of dirt and
debris during the Maintenance Period.
11.1.4. Should the Developer fail to perform the Works and Services to the acceptance of the City
Engineer by failing to begin work or to repair, restore, re-execute or in any manner fails to
comply with the specified standards as it applies to any part of the Works and Services as
requested by the City Engineer within a period of 14 days from sending of such notice in
writing to do so, the City shall become empowered to do the Works and Services itself or to
employ such person or persons to repair, restore or re-execute the works provided that the
entire expense of repair restoration or re-execution shall be charged to the Developer.
11.1.5. The Developer shall pay all accounts for labour, services and materials incurred by the City
as a result of executing any Sections of this Schedule during the execution of the Work, as
and when they become due and payable. Should payment of such accounts not be made
when they become due, the City shall deduct the payment from the Security Deposit. In the
event that the amount is greater than that owing to the Developer, the City shall charge the
Developer the difference.
11.1.6. All such repair, restoration or re-execution of the Works and Services shall be carried out
and completed to the acceptance of the City Engineer.
11.1.7. The fact of the City not having disapproved of or rejected any part of the Work or any of the
materials supplied in connection at the time of the City Engineer making an estimate or at
any other time during the execution of the Work shall not be deemed or be construed to be
an acceptance of any such part of the Work or any such materials.
11.1.8. The provisions of this Section shall remain in full force and effect and be applicable for the
period of the execution of the Works and Services and for the Maintenance Period.
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11.2
For Offsite Landscaping (Street Tree and Boulevard Plantings):
11.2.1 The Maintenance Period shall be one year for Boulevard Plantings and two years for street
trees from the date shown on the City Engineer's letter of Substantial Completion.
11.2.2 During the Maintenance Period for Landscaping, the Developer shall replace any plant
material that dies, is damaged or that fails to grow satisfactorily as determined by the City
Engineer. All replacements shall be with plant material of the same kind and size as the
original Plantings. The Maintenance Period on replacement plant material shall extend for
another period of one year for Boulevard planting and two years for street trees.
11.2.3 Should the Developer fail to make good any defects, imperfections, vandalism acts,
settlements or clean-up after being given at least seven days' notice in writing during the
Maintenance Period for Landscaping, the City shall be entitled to make alternative
arrangements for the execution of the repairs and to recover the costs from the Developer.
11.2.4 The City Engineer reserves the right to extend the Developer's Maintenance Period for an
additional year if, at the end of the initial Maintenance Period, leaf development, growth or
overall vigour is not sufficient to ensure future survival.
12.
Testing or Confirmation of Works Completed
12.1
The City reserves the right to conduct independent testing of any works constructed or being
constructed. Generally, these tests will be conducted on a random basis and are for the expressed
purpose of ensuring that the Works and Services being accepted by the City meet the minimum
acceptable standards.
In addition, to ensure the City has proper and accurate records of the works constructed, survey spot-
checks may be conducted from time to time to verify the project is being built as designed and/or to
authenticate the As-Built information.
The costs for testing or surveying shall be borne by the Contractor and/or Developer.
13.
Final Acceptance Certificate
13.1
A Final Acceptance Certificate will be issued by the City Engineer upon expiration of the Maintenance
Period for required Works and Services provided all deficiencies have been corrected.
The City Engineer will release the Warranty Deposit (Maintenance Holdback), less double the
anticipated cost of any outstanding repairs chargeable to the Developer.
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14.
Equivalent Development Units (EDUs) by Official Community Designations
OCP Land-use
Designations
Description1
EDU2/Ha
PE3/Ha
Suburban
Residential
Single detached homes with lower density setting.
-
May have 1 secondary suite or 1 garden suite
Minimum Lot size: 557 m2
Use:
-
Residential (predominantly at South Langley)
13.2
49.3
Urban Residential
Single Detached homes with secondary units
-
Small lot subdivisions
Density:
-
Minimum lot size: 350 m2 with 12 m frontage width (1
secondary suite is allowed)
-
Minimum lot size of 600 m2 and a minimum 20 m
frontage width (1 secondary suite and 1 detached
garden suite are allowed)
Uses:
-
Residential,
-
Live/Work
24.0
90.0
Ground Oriented
Townhouses, Row homes, Duplexes, Triplexes, and
Fourplexes
-
Middle housing options adjacent to future frequent
transit routes and great park amenities
Density:
-
FAR4: up to 1.2
Uses:
-
Multi-unit Residential
-
Accessory Commercial
-
Live/Work
57.7
216.4
Low Rise
Residential
Multi-storey buildings between 3-6 storeys
-
Mix of low-rise and townhouse residential areas
oriented towards the Nicomekl floodplain.
Density:
-
FAR: 1.4 - 2.1
Use:
-
Multi-unit Residential
107.5
402.9
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OCP Land-use
Designations
Description1
EDU2/Ha
PE3/Ha
Mid Rise
Residential
Multi-storey buildings up to 12 storeys
-
Medium Density residential areas serving as transition
from Transit Oriented neighbourhood towards lower
building heights in the Nicomekl River Neighbourhood
Plan
Density:
-
FAR: 2.1-3.5
Use:
-
Multi-unit Residential
176.0
659.7
Civic Centre
Multi-storey Buildings up to 15 storeys
Density:
-
FAR: Up to 5.0
Uses:
-
Mixed Use: Institutional, Commercial, Residential, or
-
Institutional
223.9
839.6
Historic Downtown
Core
Multi-storey Buildings typically up to 8 storeys with up to 4
storeys fronting Fraser Highway
Density:
-
2.5 - 3.5 FAR
Use:
-
Mixed Use (Residential & Commercial)
135.9
509.4
Industrial
A range of local or regional industrial employment use with
buildings up to 6 storeys
Density:
-
Variable FAR
Uses:
-
Industrial
-
Accessory Residential
-
Accessory Commercial
14.4
54.0
Mixed
Employment
Multi-storey Buildings up to 6 storeys
Density:
-
FAR: Up to 3.0
Uses:
-
Light Industrial,
-
Commercial, or
-
Accessory Caretaker Dwelling Units
38.7
145.0
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OCP Land-use
Designations
Description1
EDU2/Ha
PE3/Ha
Mixed Use
Multi-storey Buildings typically up to 12 storeys with up to 4
storeys fronting Fraser Highway
Density:
-
FAR: 2.5 - 3.5
Uses:
-
Mixed Use (Residential & Commercial)
167.0
626.1
Service
Commercial
Regional retail and commercial services with limited office
and industrial uses on the Langley Bypass
Density:
-
FAR: Up to 0.5
Uses:
-
Commercial, and/or
-
Light Industrial
13.3
50.0
Transit-Oriented
Core
Multi-storey Buildings up to 15 storeys
Density:
-
FAR: 3.0 - 5.5
Uses:
-
Mixed Use: Residential & Commercial,
-
Multi-unit Residential, or
-
Commercial
253.2
949.2
Transit-Oriented
Residential
High density residential area with limited ground level
commercial close to Skytrain stations
Density:
-
FAR: 2.5-4.5
Uses:
-
Mixed Use: Residential & Commercial, or
-
Multi-unit Residential
205.3
769.7
University District
Mixed use higher education campus with related residential
and commercial uses. Multi-storey buildings up to 8 storeys
Density:
-
FAR throughout the site: up to 3.5
-
FAR at Glover Road frontage: up to 4.0
Uses:
-
Mixed Use (Institutional, Residential, Commercial)
-
Multi-unit Residential
-
Tourist Accommodation
31.2
117.0
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OCP Land-use
Designations
Description1
EDU2/Ha
PE3/Ha
Parks and Open
Space
With Washroom only
0.4
1.4
With School
3.3
12.5
With Recreation Facility
6.0
22.5
With Care-taker Building
0.8
3.0
With Small-scale Commercial & Institutional use such as
Café, museum, etc.
24.0
90.0
Agriculture
At Kwantlen Polytechnic University (KPU) Land
15.6
58.5
Other Areas
0.0
0.0
Notes:
1.
Refer to City of Langley OCP Bylaw (2021) for more detailed descriptions on land-use designations.
2.
EDU: Equivalent Development Unit
3.
PE: Population Equivalent (includes residential population plus employment population, where applicable)
4. FAR: Floor Area Ratio
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SCHEDULE C - STANDARDS FOR DESIGNING AND PREPARING LOT GRADING
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SCHEDULE C - STANDARDS FOR DESIGNING AND PREPARING LOT GRADING
1.
Intent
This section outlines the requirements to provide consistent guidelines, standards, specifications and ideas
for Subdivision/Development of steeper sloping areas within the City.
Matching terrain, slope stability, structural integrity and reducing impact on neighbouring lands are important
aspects in developing consistent guidelines.
Attention must be focused on how Subdivision/Development takes place on complex slopes. Developing
consistent guidelines, that are easy to read, understand and implement, will help provide a responsible,
consistent approach to the scope and form of land Subdivision/Development on sloping terrain.
Multiple changes in grade have an impact on Building and land Subdivision/Development. Developers,
Consulting Engineers, designers and builders need to recognize this and develop land with an emphasis on
reducing this impact.
Lot grading control is necessary to ensure that inherent problems of steep slope Subdivision/Development
are considered and addressed by the Development industry
The City supports the responsible Development of land in our community. Developers, Consulting Engineers,
builders and designers are still able to present and apply new and innovative lot grading schemes, ideas and
proposals for their Subdivisions/Developments. These ideas, carefully considered and administered with a
basic set of guidelines, standards, theories and concerns will benefit our community, its existing and future
residents.
2.
Objectives
2.1
Our goal is to:
2.1.1
Be sure that Developers, Consulting Engineers, designers and builders utilize existing
topography without creating negative impacts on surrounding or adjacent lands;
2.1.2
Reduce the use of Retaining Walls where long term maintenance is a potential hazard or
difficulty and where the visual and physical impact on neighboring lands is a potential problem
or conflict;
2.1.3
Keep and maintain the natural vegetation on slopes;
2.1.4
Reduce impact of grade differences on adjacent properties;
2.1.5
Enhance environmental protection by reducing erosion and siltation;
2.1.6
Maintain the integrity of ecologically sensitive areas; and
2.1.7
Create visually attractive Subdivisions/Developments.
3.
Implementation
3.1
Lot grading design will affect all proposed Subdivisions/Developments as follows.
3.1.1
Development Permit Applications
3.1.1.1
Development Permit is required in Commercial, Industrial, or Multi-family
Residential prior to any Subdivision/Development occurring on the site including
clearing, preliminary site grading (bulk grading), re-contouring and Subdivision. It
is our intention that any grading shall be compatible with the proposed final lot
grading of the Development as approved by the Development Permit. The
Developer and their Consulting Engineer shall review aspects of lot grading control
and submit plans accordingly.
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3.1.2
Subdivisions
3.1.2.1
The Preliminary Layout Approval (PLA) shall require lot grading as a condition of
Subdivision approval.
3.1.2.2
The first design submission package from the consultant shall include lot grading
designs.
3.1.2.3
A Subdivision shall not reach "Substantial Completion" until lot grading is accepted
as substantially complete.
3.1.3
Building Permit Applications
3.1.3.1
All Building permit applications shall be reviewed in conjunction with these lot
grading controls. Final lot grading by the builder, shall be submitted and accepted
by the City Engineer and Approving Officer prior to issuance of a Building permit.
3.1.3.1
Where no lot grading design plans exist, the Developer/builder shall submit lot
grading design in conjunction with the application.
3.1.3.2
Final inspection shall not be approved until lot grading as accepted is completed.
4.
Design Guidelines
4.1
Lot grading designs shall:
4.1.1
Show that proposed grading meets and utilizes existing or proposed slopes within
Subdivision/Development boundaries with no impacts on neighboring lands;
4.1.2
Retain existing vegetation wherever possible or use vegetation to enhance grading and
slopes within Subdivision/Development boundaries;
4.1.3
Demonstrate effective protection of environmentally and ecologically sensitive areas while
adhering to guidelines and recommendations of governing agencies, Provincial and Federal
Acts and Legislation;
4.1.4
Consider all aspects of construction techniques, ideas, suggestions and applications that will
control or prevent erosion and sedimentation;
4.1.5
Minimize grade changes or differences between existing neighboring lands and the proposed
Subdivision/Development;
4.1.6
Minimize the use of Retaining Walls where other more innovative forms of grading will work.
When the use of Retaining Walls is the only alternative, aspects of design shall include:
4.1.6.1
Maximum height;
4.1.6.2
Maximum length;
4.1.6.3
Drainage;
4.1.6.4
Geotechnical and Structural Professional Engineers sealed drawings;
4.1.6.5
Conform to standards and specification of the City's Subdivision and Development
Servicing Bylaw, Building and Plumbing Bylaw, and the Zoning Bylaw, as
amended.
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5.
Considerations
5.1
The City reserves the right to request further information or review if it is determined that the
submission is not specific enough. The City also supports opportunities for the Developer to design
outside the parameters of this Bylaw. If a Developer or their Consulting Engineer feels that they can
offer practical alternatives acceptable to the Approving Officer and the City Engineer, the City will
review them upon the Consulting Engineer's written request and may accept those alternative
solutions.
5.2
Grading designs shall meet the natural or pre-development grade at the boundaries of the lands
being developed. The width, depth and number of lots may be affected in order to meet this
requirement. Where these requirements cannot be met then working easements shall be required
with the adjacent properties prior to construction.
5.3
To achieve the standards and specification listed in Section 4, a series of Retaining Walls, like steps,
may be necessary. The minimum horizontal length of the step (tread) shall be 1 meter to allow for
maintenance and vegetation. If the walls traverse over lot lines, convenient access to each step, on
each lot, plus easement agreements with neighbouring properties shall be required.
5.4
All slopes, existing or proposed, shall be accessible for maintenance. Access and maintenance shall
include gardening, lawn care, tree planting and care, fence construction and maintenance, etc.
5.5
Drainage, both surface and from above or behind the wall shall be a prime consideration.
6.
Design Drawing Submission
6.1
Plans and details shall conform to specifications and standards of the City's Subdivision and
Development Servicing Bylaw, as amended, and Design Criteria Manual.
6.2
Plans shall be to scale and include:
6.2.1
The existing and proposed finished grade at all corners of the foundation wall of the proposed
Building(s);
6.2.2
The existing and proposed finished grade at all lot corners. Existing topographic information
shall extend a minimum of 1.0 m outside the Development boundary;
6.2.3
The proposed slope of the driveway;
6.2.4
Existing Retaining Walls;
6.2.5
Proposed Retaining Walls with the elevation of the proposed finished ground at the top and
bottom face of the wall;
6.2.6
MBE and the elevation of the garage floor of any Building (GPE);
6.2.7
Legal description, addresses, benchmark; and
6.2.8
Geotechnical reports for cuts and fills greater than 1.5 metres in depth and slopes greater
than 20%.
7.
Certifications and Declarations
7.1.
The City requires the submission of the pre-approved residential site plans from the Developer.
Developers shall declare their intent to use the pre-approved plans when their Consulting Engineer
submits Development/Subdivision design drawings of Works and Services.
7.2.
Final lot grading by the builder, Developer or their designate after placement of Amended Soil, shall
be performed in substantial conformance with the approved residential site plans prior to Final
Inspection of the Building permit.
7.2.1
The placement of the Amended Soil shall be performed under the direct supervision of a
Consulting Engineer with expertise in Geotechnical Engineering.
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7.2.2
The Consulting Engineer with expertise in Geotechnical Engineering shall sign and seal a
letter to the City Engineer declaring that the Amended Soil was placed in accordance with
the lot grading plan and the requirements set in the City's Design Criteria Manual, as
amended
7.3.
Following Final Inspection, the Owner may want to adjust the grades or construct Retaining Walls.
7.3.1. An "Impact Assessment Report" prepared by a Consulting Engineer is required that, at the
minimum, addresses concerns related to soil stability, utility service connections and
accessibilities, and all other possible constraints/concerns related to adjacent properties.
7.3.2. A written agreement to the changes in designs from the original Consulting Engineer, who
designed the lot grading on the lot, may be required. The proof of agreement shall be
submitted to the City by the Developer;
7.3.3. Approvals from the Building Official and the City Engineer are required prior to construction.
8.
Legal Documentation
8.1.
Covenants shall be required to be registered against the Titles of the lands where:
8.1.1
The final slopes are greater than 30%; or
8.1.2
Retaining walls are to be constructed.
8.2.
The covenant shall prevent further re-grading, re-contouring, Retaining Wall construction, installation
or alteration without the approval of the City Engineer.
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SCHEDULE D- SITE INFORMATION AND SITE ASSESSMENT FORMS
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SCHEDULE D - SITE INFORMATION AND SITE ASSESSMENT FORMS
Site Information Form
TO BE COMPLETED BY DEVELOPER
1. Site Address:
Legal Description
Developer's Name:
Mailing Address:
Contact Information:
Phone (home/office)
Mobile
Email
2. Reason for submission (check one or more of the following):
Development Permit
Development Variance Permit
Demolition Permit
Rezoning Application
Subdivision Application
3. Has the site ever been used for Schedule 2 Commercial or Industrial purpose or activity?
(refer to the B.C. Reg. 375/96 Environmental Management Act - Contaminated Sites Regulation, for a list of
Schedule 2 purposes/activities)
Yes list the Schedule 2 activities
AND complete the provincial Schedule 1 - Site Profile form
No
skip question 4 and go to question 5
4. Does an exemption apply?
Refer to the Ministry of Environment's Administrative Guidance on Contaminated Sites
Yes.
provide applicable Contaminated Sites Regulation Section No.
No go to question 5
Developer's Name (PRINT)
Developer's Signature
Date
TO BE COMPLETED BY ALL OWNERS (ALL registered Owners MUST sign)
I/We, the registered property Owner(s) of the site identified above, do hereby authorize the Developer to fill out
the municipal Site Information Form and provincial Site Profile on our behalf, as required.
Registered Property Owners' Name (PRINT)
Owners' Signatures
Date
FOR OFFICE USE ONLY
PSIT Records
Positive
Negative
Response Date
Fire Department Records
Positive
Positive
Response Date
City of Langley - Subdivision and Development Servicing Bylaw 2021, No. 3126
SCHEDULE D- SITE INFORMATION AND SITE ASSESSMENT FORMS
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SITE ASSESSMENT
For Rezoning, Development
Permit, and Subdivision
Applications
INTRODUCTION
The purpose of this Site Assessment is to identify and evaluate attributes of a property prior to development
activities. The City of Langley uses the Site Assessment to determine the potential land use impacts of your proposal
by recognizing physical opportunities and constraints. The Site Assessment consolidates information early in the
development process and will assist the developer by clearly identifying the magnitude of development potential
prior to creating a development plan.
As part of this Site Assessment, you are required to submit a Site Assessment Plan (SAP) prepared by a British
Columbia Land Surveyor that details the property in its current state prior to any proposed development activity.
Please refer to the example provided at the end of this handout to better understand the SAP requirements.
BACKGROUND
Name of Developer(s):
Name of Property Owner(s):
Name of Agent(s) (if applicable):
Civic Address of Development Property(s):
Phone:
Email Address:
Mailing Address:
For Office Use Only
Date Site Assessment Submitted:
Legal Description of Development Property:
Parcel Identifier:
File Number:
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SCHEDULE D- SITE INFORMATION AND SITE ASSESSMENT FORMS
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1. TOPOGRAPHICAL AND SOIL CONDITION ELEMENTS
a. General topography description of the site (Check multiple boxes if site is complex):
Flat
Sloping less than 15%
Sloping greater than 15%
Sloping greater than 30%
Other:
b. What general types of soils are found on the site?
Clay
Sand
Peaty/Organic
Bedrock (within 1metre of surface)
Other:
c. Are there surface indications of erosion or slippage anywhere on the site?
Yes
No
If yes, describe and identify slippage areas on SAP:
2. WATER
Watercourses
a. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal
Streams, ditches, depressions, ponds and/or wetlands)?
Yes
No
If yes, describe and indicate 'top of bank' of all watercourses on SAP:
b. Will Subdivision/Development of the property require any work over, in or adjacent to (within 30 m) of the
described waters?
Yes (If yes, specify locations of the SAP)
No
c. Does the property lie within the City's Floodplain? (Ask City's Development Services staff).
Yes (If yes, indicate on the SAP)
No
Groundwater Recharge and Aquifers
d. Is there any existing or decommissioned water well(s) on the property?
Yes (If yes, specify location of well site(s) on SAP)
No
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e. Is there any decommissioned septic disposal system(s) on the property?
Yes (If yes, specify location of septic disposal systems(s) on SAP)
No
f.
Is there any man-made ditching or ponds present on the site?
Yes (If yes, specify location of ditching on SAP)
No
3. VEGETATION
a. Are there any significant trees on the subject property (greater than 15 cm in diameter)?
Yes (If yes, specify location of significant trees on SAP)
No
b. Are there any tree or vegetation clusters that can be maintained as part of the Subdivision/Development
proposal?
Yes (if yes, specify location of trees and vegetation clusters to remain on SAP)
No
c. Are there any tree or vegetation clusters slated for removal as part of the Subdivision/Development
proposal?
Yes (if yes, specify location of trees and vegetation clusters slated for removal on SAP)
No
d. Is there knotweed on the subject property, notably Japanese knotweed, Giant knotweed, Bohemian
knotweed or Himalayan knotweed?
Yes (if yes, specify location of vegetation clusters and do not disturb or remove them)
No
e. Is there Giant Hogweed, English and/or Irish Ivies, English holly, Yellow Archangel, Common Periwinkle,
Yellow Flag Iris, Daphne/Spurge Laurel, Cherry Laurel, Butterfly Bush, Bamboo, Scotch Broom, Purple
Loosestrife, Himalayan Balsam, Himalayan Blackberry on the subject property?
Yes (if yes, specify location of vegetation clusters and do not come in contact with
Daphne/Spurge Laurel and Gant Hogweed plants)
No
4. ANIMALS
a. If applicable, have any nests, dens, burrows or shelters been located on or near the property or have
animals been observed to frequent the subject property? (Check multiple boxes if applicable and if any
boxes are checked, specify location on SAP)
Birds: hawk, heron, eagle, owls, songbird, other;
Mammals: deer, beaver, raccoon, other;
Amphibians: frogs, salamanders, tadpoles, other;
Fish: salmon, trout, other
Other
5. LAND USE
a. Please describe the current use of the site and adjacent properties.
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b. Will any structures remain as part of the Subdivision/Development proposal?
Yes (if yes, specify location or remaining structures on SAP)
No
c. Will any structures be demolished as part of the Subdivision/Development proposal?
Yes (if yes, specify location of structures slated for demolition on SAP)
No
d. Will the views of any adjacent property(s) likely be affected, whether positively or negatively, by your
Subdivision/Development proposal?
Yes (If yes, indicate affected view corridors on SAP)
No
6. RECREATION
a. Are there any designated or informal recreational opportunities in the immediate vicinity? (i.e., local walking
or mountain bike Trails etc.)
Yes (If yes, indicate location on SAP)
No
7.
HISTORIC AND CULTURAL PRESERVATION
a. If applicable, generally describe any landmarks or evidence of historic, archaeological, or cultural
importance known to be on or next to the property.
End of Site Assessment Questions - See Next Page for Site Assessment Plan (SAP) Requirements
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Site Assessment Plan (SAP)
(SAMPLE)
**
To be completed by a B.C. Land Surveyor; All watercourses, vegetation clusters, existing structures, access,
Trails, slope changes, slope direction, localized depressions, SRWs and significant physical features shall be
indicated on the site description plan. Please attach the SAP as part of your Subdivision/Development
proposal.
Potential Environmental setbacks
(15m & 30m)
Steep Slope - Greater than 30%
Watercourse center
line and top of bank
required
LEGEND
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SCHEDULE E- RECYCLING AND WASTE MANAGEMENT DESIGN GUIDELINES
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Document Number: 163357
SCHEDULE E - RECYCLING AND WASTE MANAGEMENT REQUIREMENTS
FOR MULTI FAMILY, INSTITUTIONAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
Development permit applications for multi-family, Institutional, Commercial and Industrial (ICI) developments must
specify locations and sizes for recycling and waste enclosures or compounds to accommodate all recycling and
waste Streams generated.
The goals of effective recycling and garbage arrangements for these types of developments are to provide efficient
recycling and garbage services and to achieve targeted waste diversion while minimizing contamination in recycling.
The following objectives support these goals:
- Develop Building design to support convenient access to full range of recycling and garbage services;
- Develop Building design to ensure sufficient space is allocated for collection of materials, including turn radius
and height, length and width clearance for collection vehicles;
- Create efficient centralized collection areas with sufficient space for recycling and garbage containers or other
materials that are generated by the business operation (e.g., tires, wood pallets) to help avoid unsightly premises
caused by overflowing containers; and
- Minimize contamination of recycling by designing areas to accommodate convenient grouping of recycling types
and space for instructional materials (e.g., signage).
1.0
Developers' Responsibilities:
1.1.
Providing adequate storage for garbage and recycling;
1.2.
Store waste in such a way as to not provide shelter, refuge or food for rodents
1.3.
Ensure recycling and garbage containers are not placed on Roadways.
1.4.
Manage oil and grease from a food sector establishment to ensure no oil or grease is discharged
into a sanitary sewer or Drainage System within the City.
1.5.
Ensure property does not become unsightly. This includes preventing garbage from accumulating
and removing any accumulations.
1.6.
Comply with disposal bans
Consulting Engineers shall design their systems so occupants can comply with Metro Vancouver's
enhanced disposal bans. The following materials are banned from being disposed of in the garbage
and must be recycled instead:
-
Corrugated cardboard;
-
Recyclable paper;
-
Food scraps and yard trimmings;
-
Containers made of glass, metal, or recyclable plastic;
-
Beverage containers (all except milk cartons);
-
Clean wood, and
-
All product stewardship items.
This is a representative list only. Please refer to http://www.metrovancouver.org/services/solid-
waste/recycling-programs/disposal-ban/Pages/default.aspx for more information on bans, alternative
disposal options and fines.
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1.7.
Meet other related regulations related to waste management
1.7.1
BC Public Health, Section 5.2
-
Ensure there is no accumulation of materials which could constitute a public health
hazard.
1.7.2
BC Building Code
- Ensure rooms for temporary storage of combustible refuse such as garbage or
wastepaper are separated from the reminder of the Building by a fire separation with a
fire-resistance rating, as required by the BC Building Code.
1.7.3. Metro Vancouver Tipping Fee Bylaw and Disposal Bans
- Listing of banned materials that Metro Vancouver disposal facilities do not accept,
either because there are already disposal programs set up for these items, or because
they are hazardous to waste collection workers, the public and environment.
- At disposal sites, garbage loads are inspected for banned and prohibited materials.
Loads that arrive at the disposal sites containing prohibited materials are assessed a
minimum surcharge, plus the cost of removal, clean-up or remediation. Loads containing
banned materials are assessed a 50% tipping fee surcharge.
2.0
Waste Management Overlay Plan:
Consulting Engineers shall provide drawings, showing the locations, access, dimensions and design of
recycling, compost, and waste enclosures or compounds. The following eight steps are intended to assist
Consulting Engineers with planning for multi-family, institutional, Commercial and Industrial (ICI) Buildings.
Following these steps will help to expedite design approval processing time.
The following required steps are to ensure that there is adequate, accessible space for recycling and waste
separation, storage and collection that minimizes animal attraction as part of the design layout.
2.1.
Determine type and volume of recycling and garbage that will be generated onsite:
This includes garbage, food scraps & yard trimmings, cardboard, mixed containers, mixed paper,
and Glass jars and bottles.
2.2
Determine recycling, compost, and garbage collection service provider:
Garbage and recycling services for single family residential dwellings are provided by the City and
"Recycle BC" respectively.
All multi-family, Commercial, mixed-use Developments, Industrial and institutional complexes are
responsible to contract their own collection services for garbage, recyclables and compost (kitchen
organic waste). The private service provider will usually use overhead bins (also known as front-end
bins). Alternatively, townhouses and strata subdivisions can be serviced via large (typically 360-litre),
wheeled toters or via curbside, door to door collection if offered by the Contractor.
2.3
Calculate the number and type of containers required:
The quantity of containers required depends on the type of collection service the Building is designed
for. Most multi-family Buildings will have centralized collection areas, where occupants bring their
garbage and recycling to the designated area. It's important for Consulting Engineers to determine
the type of collection that will be used when calculating container requirements.
2.4.
Calculate the storage space required:
- Centralized Collection; or
- Curbside (door to door) collection.
2.5.
Design the storage/collection area:
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A storage facility is designed to allow containers to be easily accessed and moved. Ideally, there is
a separate room designated; however, if a separate room is not feasible, a shed or enclosure is a
viable option. In all cases:
- The area must be large enough to store all recycling and garbage between designated collection
days and permit movement of the containers. Designated areas must also meet fire safety
requirements; and
- If the area is located outside of the Building, it shall be enclosed and secured to prevent "dumpster
diving" and illegal dumping.
2.6
Determine access route for collection vehicles and turning radius.
2.7.
Designate collection/loading area:
With automated collection and the mix of containers used for garbage and recycling services, loading
and collection areas must be able to accommodate a mix of truck sizes and design. Trucks must
have plenty of height clearance and room for their turn radius. The Consulting Engineer shall be held
responsible for meeting the minimum dimensions required for the designated/privately contracted
trucks.
2.8.
Develop and submit a Waste Management Overlay Plan:
A Waste Management Overlay Plan shall address all of the requirements outlined in this Design
Criteria Manual and the required technical specifications for recycling and garbage amenities that are
outlined at the Metro Vancouver's website and available at the following link:
http://www.metrovancouver.org/services/solid-
waste/SolidWastePublications/TechnicalSpecsStorageSpaceAccessRecyclingMulti-
FamilyCommercialDevelopments.pdf
The plan shall show where the garbage, compost, and recycling room(s) and collection/loading
area(s) will be located, including truck ingress and egress. This plan shall also show the functional
design of garbage and recycling services (mixed paper, mixed containers, glass jars and bottles, and
food scraps) including the following:
- Location of doorway access to the storage areas (permanent and temporary);
- Size, capacity and function of the various types of garbage and recycling storage rooms
(permanent and temporary);
- Location and dimensions (including height) of the waste and recycling pick up areas; and
- Location, dimensions, door sizes, maneuvering and turning radii of the access routes to the waste
and recycling pick up areas.
The overlay plan shall demonstrate that the Consulting Engineer has addressed all regulations and
design requirements, shall provide a clear overview of how the design provides for effective
garbage and recycling services and addresses the City's goals and objectives for waste
management in multi-family, Institutional, Commercial and Industrial (ICI) Buildings.
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City of Langley Subdivision and Development Servicing Bylaw, 2008, 2744, as amended, is hereby repealed.
READ A FIRST, SECOND and THIRD TIME this fourth day of October, 2021.
ADOPTED this eighteenth day of October, 2021
_______________________________ ___________________________________
VALARIA VAN DEN BROEK, MAYOR KELLY KENNEY, CORPORATE OFFICER