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Bylaw No. 3578 - Consolidated
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3578
(**amended by Bylaws No. 3598, 3802, 4004, 4210, 4302, 4451, 4816 and *4845)
(*Building Planning and Development Fees Bylaw 4845)
CONSOLIDATED FOR CONVENIENCE TO September, 2023
A Bylaw to regulate the subdivision and development of land
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
enacts as follows:
1
In this Bylaw, unless the context otherwise requires,
"APPLICANT" means the owner of land in respect of which the Municipality has received
an application for preliminary layout consideration, subdivision, or both;
"APPROVING OFFICER" means the approving officer for the Municipality as defined in
the Land Title Act;
"ARTERIAL HIGHWAY" means a highway usually providing a continuous route primarily
for through traffic with land access a secondary consideration;
"COLLECTOR HIGHWAY" means a highway performing the dual function of land access
and distribution of traffic between local and arterial highways;
"CUL-DE-SAC" means a highway which terminates with a vehicular turning area;
"DIRECTOR OF BUILDING AND PLANNING" means the Director of Building and
Planning for the Municipality;
"DIRECTOR OF ENGINEERING SERVICES" means the Director of Engineering Services
for the Municipality;
"FRONTAGE" means frontage as defined in the Zoning Bylaw;
"HIGHWAY" includes a public street, path, walkway, trail, lane, bridge, road, thoroughfare
and any other public way;
"LANE" means a highway of width less than or equal to 6 metres, which affords secondary
access to a parcel at the side or rear of the parcel;
"LOCAL HIGHWAY" means a highway providing land access with through traffic a
secondary consideration;
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Bylaw No. 3578 - Consolidated
"MUNICIPAL CLERK" means the Municipal Clerk for the Municipality;
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Bylaw No. 3578 - Consolidated
"MUNICIPAL TREASURER-COLLECTOR" means the Municipal Treasurer-Collector for
the Municipality;
"MUNICIPALITY" means The Corporation of the District of Oak Bay;
"OFF-SITE WORKS AND SERVICES" means works and services required to be provided
on, in, under or over a highway or right of way adjacent to land being subdivided or
developed;
"PARCEL" means a lot, block or other area in which land is held or into which land is
subdivided, but does not include a highway;
"PRELIMINARY LAYOUT CONSIDERATION" means the consideration granted by the
Approving Officer setting out the conditions which must be met by the applicant prior to
subdivision approval;
"ROADWAY" means that portion of a highway which is improved and surfaced for
vehicular traffic in accordance with the standards prescribed in this Bylaw;
"STATUTORY RIGHT OF WAY" means a statutory right of way as defined in the Land
Title Act;
"SUBDIVISION" means
(a) a subdivision as defined in the Land Title Act; and
(b) a subdivision under the Condominium Act;
"SUBDIVISION APPROVAL" means approval of a subdivision by the Approving Officer
under the Land Title Act or the Condominium Act, whichever is applicable;
"SURVEYOR" means a land surveyor licensed and registered as a land surveyor in the
Province of British Columbia;
"WALKWAY" means a highway for pedestrian traffic only;
"WIDTH", in relation to a parcel, has the same meaning as "lot width" as defined in the
Zoning Bylaw, with the necessary changes and so far as applicable;
"WORKS AND SERVICES" means works and services required to be provided pursuant to
Section 989 of the Municipal Act;
"ZONING BYLAW" means the Zoning Bylaw of the Municipality.
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Bylaw No. 3578 - Consolidated
PROHIBITION
2
No person shall subdivide land in the Municipality contrary to the provisions of this Bylaw.
VIOLATION AND PENALTY
3
A person who contravenes this Bylaw by doing an act that it forbids, or by omitting to do an
act that it requires to be done, commits an offence and is liable, upon summary conviction,
to a fine of not more than $2,000.00 plus costs.
GENERAL REQUIREMENTS
4
Every parcel created by subdivision shall have an area equal to or greater than the minimum
prescribed by the Zoning Bylaw for the zone in which it is located.
5
Every parcel created by subdivision shall have a width equal to or greater than the minimum
prescribed by the Zoning Bylaw for the zone in which it is located.
6
Subject to the authority which may be exercised at the discretion of the Approving Officer,
conferred upon him by Section 3.6.4 of the Zoning Bylaw, every parcel created by
subdivision shall have a frontage equal to or greater than
(1) the minimum prescribed by the Zoning Bylaw for the zone in which it is located; or
(2) one-tenth of the perimeter of the parcel,
whichever is greater.
(**Bylaw 3598, adopted June 27/88)
7
Except in the case of a bare land strata subdivision under the Condominium Act, and subject
to the authority which may be exercised at the discretion of the Approving Officer,
conferred upon him by Section 75(3) of the Land Title Act, every parcel created by
subdivision shall abut a highway of dedicated width greater than or equal to 12.2 metres (40
feet).
8
No subdivision shall have the effect of creating a contravention of any regulation contained
in the Zoning Bylaw, and without restricting the generality of the foregoing,
(1) no subdivision shall have the effect of siting a building or structure on a parcel created
by the subdivision contrary to the provisions of the Zoning Bylaw for the zone in which
the parcel is located, and the Approving Officer may require the applicant to submit a
plan or sketch certified by a surveyor showing the siting of a building or structure in
relation to the boundaries of a proposed parcel prior to approving the subdivision; and
(2) no subdivision shall have the effect of creating a parcel on which the floor area ratio or
gross floor area of a building or the lot coverage of a building or structure exceeds the
respective maxima prescribed by the Zoning Bylaw for the zone in which it is located,
and the Approving Officer may require the applicant to submit a plan or sketch
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Bylaw No. 3578 - Consolidated
certified by a surveyor containing sufficient information to enable him to determine
whether the said floor area ratio, gross floor area and lot coverage comply with the
maxima so prescribed.
(**Bylaw No. 4451, adopted January 26, 2009)
9
The Approving Officer, the Director of Building and Planning, the Director of Engineering
Services and the Municipal Clerk, and any municipal employee acting under the authority of
any one of them, may at all reasonable times enter upon land proposed to be subdivided for
the purpose of administering this Bylaw, and no person shall prevent or obstruct, or attempt
to prevent or obstruct, the entry of persons so authorized.
10
Every subdivision shall be suited to the configuration of the land being subdivided and the
intended use, and shall not make impracticable the future subdivision of the land within the
proposed subdivision or of adjacent land.
11
The Approving Officer may refuse to approve a subdivision where he considers that the cost
to the Municipality of providing public utilities or other works and services would be
excessive.
12
Notwithstanding Sections 4, 5 and 6, the Approving Officer may approve a subdivision
which creates a parcel which does not comply with the provisions of the Zoning Bylaw
regarding the minimum area, width and frontage provided that
(1) it is to be held by the Municipality or another level of government or public authority
and
(a)
the parcel is necessary to permit the orderly subdivision or servicing of adjacent
land in the future; or
(b)
the parcel is for a municipal or other public use; or
(2) it is created for the purpose of adding it to an already existing adjoining parcel in the
same subdivision plan, in which case the new parcel shall be deemed to be an integral
portion of the parcel to which the new parcel is added.
13
Where unusual soil, drainage or topographical conditions exist or may develop within the
land proposed to be subdivided, the Approving Officer may require the applicant to submit a
report from a professional engineer with experience in geotechnical engineering that will
allow him to determine whether the area, shape and dimensions of the parcels are adequate
in view of the nature of the ground and the intended use.
14
The side lines of every parcel created by subdivision shall be at right angles or radial to the
abutting highway unless the Approving Officer is satisfied that it is impracticable to comply.
15
The Approving Officer may require that the applicant have a proposed subdivision staked
out on the ground by a Surveyor.
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Bylaw No. 3578 - Consolidated
PRELIMINARY LAYOUT CONSIDERATION
16
An applicant may, before submitting a plan of subdivision for approval under the Land Title
Act or the Condominium Act, make an application for preliminary layout consideration.
17. An application for preliminary layout consideration shall be submitted to the Approving Officer and
shall be accompanied by a fee of $600.00 for the first parcel plus $100.00 for each subsequent parcel
within the proposed subdivision plan or bare land strata plan, as the case may be.
(**Bylaw 4210, adopted Jan. 26, 2004)
An application for preliminary layout consideration shall be submitted to the Approving
Officer and shall be accompanied by the fee prescribed in the Building, Planning and
Development Fees Bylaw.
(**Bylaw 4845, adopted Sept. 11,2023)
18
An application for preliminary layout consideration shall be accompanied by a statement of
the use to which the applicant intends to put the land following its subdivision.
19
An application for preliminary layout consideration shall be accompanied by four copies of a
sketch plan drawn to a scale of not less than 1:500, unless otherwise directed by the
Approving Officer, prepared by a surveyor showing the following information:
(1) the boundaries of all adjacent parcels and the relationship of the proposed subdivision
to at least one highway intersection;
(2) the layout, dimensions and alignment of all parcels and highways;
(3) topographical information when required by the Approving Officer;
(4) the siting and dimensions of all buildings existing at the time of application, with
information as to those which will remain after subdivision;
(5) the location, diameter (1.3 metres above point of germination) and species of all mature
trees within the land to be subdivided when required by the Approving Officer; and
(6) the location of any water courses within the land to be subdivided.
20
Where, in the opinion of the Approving Officer, an application for preliminary layout
consideration anticipates or would affect further subdivision of the land within the proposed
subdivision or any adjacent land, he may require the applicant to submit a sketch plan
showing the ultimate subdivision and indicating how the application fits into the ultimate
subdivision.
21
Preliminary layout consideration shall not be construed as approval of the proposed sub-
division for land registration or any other purpose.
22
Preliminary layout consideration shall not be construed as acceptance by the Approving
Officer of anything other than the general layout of the proposed subdivision, and a list of
minimum conditions which would be required to be satisfied prior to approval.
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Bylaw No. 3578 - Consolidated
23
Subject to Section 24.4, preliminary layout consideration is valid for a period of 1 year.
(**Bylaw 4816, adopted June 27, 2022)
24
Before the end of the period set out in Section 23, an applicant may, in writing, apply to the
Approving Officer for extension of preliminary layout consideration for a further 1 year
period.
(**Bylaw 4816, adopted June 27, 2022)
24.1
An application for extension under Section 24 shall be accompanied by a fee of $100.00.
An application for extension under section 24 shall be accompanied by the fee
prescribed in the Planning, Building and Development Fees and Charges Bylaw
(**Bylaw 4845, adopted Sept. 11, 2023)
24.2
Following receipt of an application for extension under Section 24, the Approving Officer,
after considering any new information pertinent to the application, along with any changes
in the factors underlying the decision to grant preliminary layout consideration in the first
instance, may:
(1) reject the application
(2) approve the application; or
(3) approve the application with modifications or additions to the list of minimum
conditions set out pursuant to Section 22.
24.3
For each preliminary layout consideration, the Approving Officer may, upon application,
grant not more than one (1) extension.
24.4
The Approving Officer may grant preliminary layout consideration or extension thereof for a
period shorter than 1 year where required to coincide with the effective date of a bylaw
affecting the proposed subdivision.
(**Bylaw 4816, adopted June 27, 2022)
24.5
At any time before subdivision approval is granted, and subject to the laws of the Province
of British Columbia affecting the subdivision of land, the Approving Officer may, by notice in
writing to the applicant, modify or add to the list of minimum conditions set out pursuant to
Section 22.
(**Bylaw 4004, adopted Nov.23, 1998)
SUBDIVISION APPROVAL
25.
An application for subdivision approval:
(1) under the Land Title Act shall be submitted to the Director of Building and Planning,
and shall be accompanied by an examination fee of $50.00 or such other amount as
may be prescribed from time to time by regulation under the Land Title Act, plus the
fee set out in Section 17 hereof if there has been no application for preliminary layout
consideration;
(**Bylaw 4210, adopted Jan. 26, 2004)
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Bylaw No. 3578 - Consolidated
(2) under the Condominium Act shall be submitted to the Director of Building and
Planning, and shall be accompanied by an examination fee of $50.00, plus the fee set
out in Section 17 hereof if there has been no application for preliminary layout
consideration.
(**Bylaw 3802, adopted May 9, 1994)
(**Bylaw 4210, adopted Jan. 26, 2004)
(1)
under the Land Title Act shall be submitted to the Director of Building and
Planning, and shall be accompanied by an examination fee of $50.00 or such
other amount as may be prescribed from time to time by regulation under the
Land Title Act, plus the fee set out in Section 17 hereof if there has been no
application for preliminary layout consideration;
(2) under the Condominium Act shall be submitted to the Director of Building and
Planning, and shall be accompanied by an examination fee prescribed in the
Building, Planning and Fees Bylaw, plus the fee set out in Section 17 hereof if
there has been no application for preliminary layout consideration.
(**Bylaw 4845, adopted Sept. 11, 2023)
26
An application for subdivision approval shall be accompanied by a State of Title Certificate
for each parcel of land proposed to be subdivided.
27
The subdivision plan submitted for approval shall be signed by the applicant and shall be
accompanied by one white mylar print thereof, which shall be retained by the Municipality
if the subdivision is approved.
28
The subdivision plan submitted for approval shall conform substantially to the plan granted
preliminary layout consideration.
DESIGN AND COST OF WORKS AND SERVICES
29
The works and services required by this Bylaw, whether on land within a subdivision or on
a highway or right of way adjacent to a subdivision or development, shall be designed,
constructed, and installed at the expense of the owner of the land proposed to be subdivided
or developed.
DESIGN OF WORKS AND SERVICES
29.1
All works and services required by this Bylaw shall be designed by a Professional
Engineer licensed and in good standing in the Province of British Columbia as such
under the provisions of the Engineers and Geoscientists Act.
29.2
Any applicant intending to construct works or services required for the approval of
a subdivision or development shall arrange for a pre-design meeting and pay, at the
request for the meeting, an administration fee and a fee for each parcel to be created
in addition to the number of existing parcels in accordance with Schedule B of the
Bylaw.
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Bylaw No. 3578 - Consolidated
29.3
All construction drawings required for subdivision or land development that require
the review of the Director of Engineering and Public Works for approval to construct
on site works and services, shall be accompanied by a fee in accordance with
Schedule "B" of this Bylaw.
29.4
The Professional Engineer's scope of engagement shall include, but is not limited
to, assurance of the completeness of the design, certification and submission of
construction drawings, coordination of engineering sub-consultants and Record
drawings and certification that the design and construction of all Works and Services
substantially meet Bylaw 3578 requirements.
29.5
Concurrent with the submission of construction drawings, any Professional
Engineer engaged by the applicant must provide the district with a letter that states
the following:
"I, ________________ a Professional Engineer qualified and eligible to
practice in the Province of British Columbia, hereby certify that the following
works as set out on the drawings submitted currently with this letter have been
designed to good engineering standards and in substantial accordance with the
latest edition of Subdivision and Development Servicing Bylaw No. 3578, as
amended" (Signature)
29.6
The Professional Engineer will advise the Director of Engineering and Public
Works of any severance of engagement during the course of design and
construction.
(**Bylaw 4816, adopted June 27, 2022)
WORKS AND SERVICES REQUIRED ON LAND
WITHIN A SUBDIVISION
30
All new highways within a subdivision, including widening strips of existing highways,
sidewalks, lanes, boulevards and walkways, shall be designed, constructed and installed and
have the dimensions, locations, alignment and gradient as prescribed in Schedule "A"
hereto.
31
Design, construction and installation of street lighting shall be in accordance with the
Master Municipal Construction Documents (MMCD), latest edition.
(**Bylaw 4816, adopted June 27, 2022)
32
Design of water distribution systems shall be in accordance with the Master Municipal
Construction Documents (MMCD), latest edition.
Construction and installation of water distribution systems shall be in accordance with the
Capital Regional District Water Services - Engineering Specifications and Standard Drawings,
latest edition.
(**Bylaw 4816, adopted June 27, 2022)
.
33
Design, construction and installation of sanitary sewer systems shall be in accordance with
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Bylaw No. 3578 - Consolidated
the Master Municipal Construction Documents (MMCD), latest edition.
(**Bylaw 4816, adopted June 27, 2022)
34
Design, construction and installation of storm sewer systems shall be in accordance with the
Master Municipal Construction Documents (MMCD), latest edition.
(**Bylaw 4816, adopted June 27, 2022)
35
Design, construction and installation of underground wiring shall be in accordance with
the Master Municipal Construction Documents (MMCD), latest edition.
(**Bylaw 4816, adopted June 27, 2022)
36
Where storm sewers, sanitary sewers and water lines required to serve the parcels within
a subdivision are not in highways, the applicant shall grant to the Municipality the
necessary statutory rights of way and shall bear all costs associated therewith.
COMMUNITY SYSTEM CONNECTIONS REQUIRED
37
(1) Every parcel created by subdivision, and the water distribution, fire hydrant, sanitary
sewer and storm sewer systems provided within a subdivision or development shall, at
the expense of the owner of land proposed to be subdivided or developed, as the case
may be, be connected to the respective system of the Municipality in the manner
prescribed by the Director of Engineering Services, and where main extensions are
required construction shall be in accordance with the Schedules attached hereto, and
the provisions of Sections 57 to 60 apply, with the necessary changes and so far as
applicable.
(2) Where storm sewers, sanitary sewers or water lines required to serve a subdivision or
development must cross over land, other than a highway, outside the subdivision or
development, the owner of the land proposed to be subdivided or developed, as the
case may be, shall, if required by the Director of Engineering Services, be responsible
for obtaining the necessary grants of statutory right of way to the Municipality from the
owner or owners of such land outside the subdivision or development, and shall bear
all costs associated therewith.
EXCESS CAPACITY
38
Authority is hereby delegated to the Director of Engineering Services to:
(1) require that the owner of land that is to be subdivided or developed bear the cost of
providing excess or extended services within the meaning of Section 507 of the Local
Government Act [RSBC, 2015] c. 1;
(2) determine the portion of the cost of providing the sanitary sewer, water, storm drain or
highway facilities that constitutes the excess or extended service;
(3) determine the portion of the excess or extended service that will benefit each of the
parcels of land that will be served by the excess or extended service;
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Bylaw No. 3578 - Consolidated
(4) impose as a condition of an owner connecting to or using the excess or extended
service a charge related to the benefit determined under subsection (2);
(5) on behalf of the Municipality enter into an agreement with an owner who is providing
excess or extended services, establishing the period over which charges for latecomer
connections will be collected by the Municipality, provided that no such charge shall
be payable beyond fifteen (15) years from the date the service was completed.
(**Bylaw 4302, adopted Jan. 23, 2006)
(**Bylaw 4816, adopted June 27, 2022)
39
An applicant for a development or subdivision, or for connection to an excess or extended
service, may have a decision of the Director of Engineering Services relating to latecomer
fees reconsidered by the Municipal Council by applying in writing to the Municipal Clerk
not later than five (5) days following the mailing, faxing or delivery of written notification
thereof, setting out the decision the applicant wishes to have reconsidered and the reasons
supporting the request for reconsideration.
(**Bylaw 4302, adopted Jan. 23, 2006)
39.1
Latecomer charges repayable to the owner assessed costs for excess or extended services
shall include interest calculated at a per annum rate equivalent to the prime lending rate set
by the financial institution at which the Municipality banks as of the date such excess or
extended services are completed.
(**Bylaw 4302, adopted Jan. 23, 2006)
SECURITY: ON-SITE WORKS AND SERVICES
40
In this Part, "Developer" means the owner of land proposed to be subdivided and his heirs,
executors, administrators, successors and assigns.
41
All works and services required to be constructed and installed on land within a subdivision
at the expense of the Developer shall be constructed and installed in accordance with the
standards set out in this Bylaw before the Approving Officer approves the subdivision
unless the Developer
(1) deposits with the Municipality security in the form of cash or an irrevocable letter of
credit in a form acceptable to the Municipal Treasurer-Collector, which shall be in the
amount of the cost of engineering, constructing and installing the works and services as
estimated by the Director of Engineering Services; and
(2) enters into a servicing agreement with the Municipality in a form acceptable to the
Municipal Clerk to construct and install the works and services by a specified date or
forfeit to the Municipality the amount secured by the cash or letter of credit.
42
On completion of the works and services required under this Bylaw on land within a
subdivision, the Developer shall so notify the Director of Engineering Services and deliver
to him a preliminary set of "as built" drawings. The Director of Engineering Services shall,
as soon as is reasonably convenient to him after receipt of such notice, inspect the works
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Bylaw No. 3578 - Consolidated
and services and, if necessary, issue a list of deficiencies that must be rectified. Upon
rectification of such deficiencies to the satisfaction of the Director of Engineering Services,
and upon registration in the Land Title Office at Victoria of all statutory rights of way where
the works and services or any part thereof traverse private property, the Director shall accept
the works and services, and such acceptance shall take the form of the issuance of a
certificate of substantial completion.
43
(1) Where the Developer has constructed and installed works and services on land within a
subdivision pursuant to a servicing agreement under Section 41(2), the security
deposited with the Municipality pursuant to Section 41(1) shall be released upon the
issuance of a certificate of substantial completion less 20 percent of the amount of the
deposit.
(2) The Developer shall, within 60 days after the issuance of a certificate of substantial
completion, deliver "as built" mylar tracings of the works and services to the Director
of Engineering Services in a form satisfactory to him. Upon acceptance thereof by the
Director of Engineering Services, the remaining security held by the Municipality shall
be released less 15 percent of the original amount of the deposit (hereinafter called the
"specific retention").
44
(1) Where the Developer has constructed and installed works and services on land
proposed to be subdivided after having been granted preliminary layout consideration
but without entering into a servicing agreement under Section 41(2), the works and
services shall not be connected to any of the sewage, drainage or water works of the
Municipality and the subdivision shall not be approved until the Director of
Engineering Services has issued a certificate of substantial completion pursuant to
Section 42 and the Developer has deposited with the Municipality security in the form
of cash or an irrevocable letter of credit in a form acceptable to the Municipal
Treasurer-Collector, which shall be in the amount of 20 percent of the cost estimated
by the Director of Engineering Services in accordance with Section 41(1).
(2) The Developer shall, within 60 days after the issuance of a certificate of substantial
completion, deliver "as built" mylar tracings of the works and services to the Director
of Engineering Services in a form satisfactory to him. Upon acceptance thereof by the
Director of Engineering Services, the security held by the Municipality pursuant to
Subsection (1) shall be reduced to an amount equal to 15 percent of the cost estimated
by the Director in accordance with Section 41(1) (hereinafter called the "specific
retention").
45
The Developer shall be responsible for the maintenance and repair of, and shall indemnify
and save harmless the Municipality against any claim arising out of the construction,
installation, operation or use of, the works and services for a period of one year (hereinafter
called the "maintenance period") after the date of issuance of a certificate of substantial
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Bylaw No. 3578 - Consolidated
completion by the Director of Engineering Services.
46
The Developer shall maintain adequate public liability and property insurance policies in
connection with the works and services throughout the maintenance period.
47
Where, in the opinion of the Director of Engineering Services, maintenance or repair of any of
the works and services is required during the maintenance period, such maintenance or
repair shall be commenced by the Developer within 5 days of notice from the Director being
delivered to him, and shall be completed expeditiously. In default thereof by the Developer
the Director of Engineering Services may undertake such maintenance or repair using either
the Municipality's own crews, another person or persons, or a combination thereof, and any
costs or expenses incurred by the Municipality in connection therewith, including but not
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Bylaw No. 3578 - Consolidated
limited to municipal labour and equipment rental charges, may be paid by the Municipality
out of monies drawn from the specific retention. Nothing herein contained shall prevent the
Municipality from claiming against the Developer where the cost of such repair or
maintenance exceeds the amount of the specific retention.
48
The specific retention, less any amounts drawn by the Municipality pursuant to Section 47,
shall be released to the Developer at the expiration of the maintenance period.
49
All works and services required to be constructed and installed on land within a subdivision
under this Bylaw shall upon issuance of a certificate of substantial completion by the
Director of Engineering Services become the property of the Municipality, free and clear of all
encumbrances.
50
Sections 30 through 36 and Sections 41 through 49 shall not apply to a subdivision by way
of a bare land strata plan under the Condominium Act, in respect of which the on-site works
and services shall be constructed and installed in accordance with regulations made by the
Lieutenant Governor in Council under that Act and all applicable bylaws of the Municipality
before the Approving Officer approves the subdivision unless the Developer
(1) deposits with the Municipality security in the form of cash or an irrevocable letter of
credit in a form acceptable to the Municipal Treasurer-Collector, which shall be in the
amount of the cost of engineering, constructing and installing the works and services
which the Approving Officer is satisfied can be constructed on the land proposed to be
subdivided, in accordance with the standards set out or referred to in the aforesaid
regulations, as estimated by a Professional Engineer and approved by the Approving
Officer; and
(2) enters into a servicing agreement with the Municipality in a form acceptable to the
Municipal Clerk to construct and install the works and services by a specified date or
forfeit to the Municipality the amount secured by the cash or letter of credit.
WORKS AND SERVICES REQUIRED ON A HIGHWAY
ADJACENT TO A SUBDIVISION OR DEVELOPMENT
51
In this Part, "Developer" means
(1) the owner of land proposed to be subdivided; and
(2) the owner of land proposed to be developed in a manner which requires the issuance of
a building permit,
and "owner" includes the heirs, executors, administrators, successors and assigns of the
owner.
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Bylaw No. 3578 - Consolidated
A. Highways
52
(1) Where a subdivision or development of land will increase the volume of vehicular
traffic on a highway adjacent to the land being subdivided or developed, and where the
effect of such additional volume is that, in the opinion of the Director of Engineering
Services, and, where necessary, on the advice of a professional engineer with
experience in traffic engineering, the width, condition, gradient or alignment of the
roadway will be inadequate to safely accommodate the resulting vehicular traffic
volume or existing pedestrian traffic, or where the resulting traffic volume will have a
detrimental effect on the life of the road surface, the Developer may be required to
dedicate a portion of the land for highway purposes, or the Municipality may, at the
expense of the Developer, undertake the works and services, including the construction
and installation of sidewalks, curbs and gutters, required to bring the portion of the
highway up to the centre line thereof up to the required standard, or both, or, at its
option, the Municipality may require the Developer to construct and install such works
and services at his expense, as a condition of subdivision approval or the issuance of a
building permit, as the case may be.
(2) Design, construction and installation of the required works and services shall be as
prescribed in Schedule "A" hereto.
B. Storm Sewers
53
(1) Where a subdivision or development of land will increase the runoff to be conveyed by
a municipal storm sewer in a highway or statutory right of way adjacent to the land
being subdivided or developed, and where the effect of such additional runoff is that
the capacity or condition of the sewer will be below the standard required to
accommodate peak design flows calculated using a runoff coefficient appropriate for
the area and a return frequency of ten years (single family residential) or fifteen years
(apartment and commercial), whichever is applicable, the Municipality may, at the
expense of the Developer, undertake the works and services required to ensure an
adequate capacity, or remedy the condition, or, at its option, may require the Developer
to undertake such works and services at his expense, as a condition of subdivision
approval or the issuance of a building permit, as the case may be.
(**Bylaw 4302, adopted Jan. 23, 2006)
(2) Design, construction and installation of the required works and services shall be as
prescribed in Schedule "E" hereto.
C. Sanitary Sewers
54
(1) Where a subdivision or development of land will increase the flow of sewage to be
conveyed by a municipal sanitary sewer in a highway or statutory right of way adjacent
to the land being subdivided or developed, and where the effect of such additional flow is
that the capacity or condition of the sewer will be below the standard required to
accommodate peak design flows including infiltration, the Municipality may, at the
expense of the Developer, undertake the works and services required to ensure an
adequate capacity, or remedy the condition, or, at its option, may require the Developer
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to undertake such works and services at his expense, as a condition of subdivision
approval or the issuance of a building permit, as the case may be.
(**Bylaw 4302, adopted Jan. 23, 2006)
(2) Design, construction and installation of the required works and services shall be as
prescribed in Schedule "D" hereto.
D. Water Lines
55
(1) Where a subdivision or development of land will require for fire protection and
consumption a rate of flow and daily volume, respectively, greater than can be supplied
by a municipal water line in a highway or statutory right of way adjacent to the land
being subdivided or developed, the Municipality may, at the expense of the Developer,
undertake the works and services required to ensure an adequate rate of flow and daily
volume, or, at its option, may require the Developer to undertake such works and
services at his expense, as a condition of subdivision approval or the issuance of a
building permit, as the case may be.
(2) Flow and volume requirements shall be determined in accordance with the criteria set
out in Schedule "C" hereto.
(3) Design, construction and installation of the required works and services shall be as
prescribed in Schedule "C" hereto.
E. Trench Excavation and Backfill
56
Trench excavation and backfill on a highway shall be carried out in accordance with Schedule "G"
hereto.
(**Bylaw 4816, adopted June 27, 2022)
SECURITY: OFF-SITE WORKS AND SERVICES
57
In this Part, "Developer" has the meaning assigned by Section 51.
58
Where off-site works and services required to be constructed and installed under this Bylaw
are to be constructed and installed by the Municipality, the Developer shall, prior to
subdivision approval or the issuance of a building permit, as the case may be, pay the
Municipality cash in the amount of the cost of engineering, construction and installation of
the off-site works and services as estimated by the Director of Engineering Services,
provided that any difference between the actual cost as certified by the Municipal
Treasurer-Collector and the estimated cost shall either be charged to the Developer, who
shall promptly remit the same, or be refunded by the Municipality to the Developer,
whichever is applicable, upon completion of the off-site works and services.
59
Where, at the option of the Municipality, off-site works and services required to be
constructed and installed pursuant to this Bylaw are to be constructed and installed by the
Developer, he shall, prior to subdivision approval or the issuance of a building permit, as the
case may be,
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Bylaw No. 3578 - Consolidated
(1) deposit with the Municipality security in the form of cash or an irrevocable letter of
credit in a form acceptable to the Municipal Treasurer-Collector, which shall be in the amount
of the cost of engineering, constructing and installing the off-site works and services as
estimated by the Director of Engineering Services; and
(2) enter into an off-site servicing agreement with the Municipality in a form acceptable to
the Municipal Clerk to construct and install the off-site works and services by a
specified date or forfeit to the Municipality the amount secured by the cash or letter of
credit.
60
Where off-site works and services required to be constructed and installed under this Bylaw
are to be constructed and installed by the Developer and security is deposited pursuant to
Section 59(1), the provisions of Sections 42, 43 and 45 through 49 apply, with the necessary
changes and so far as applicable.
REPEALS
61
The following Bylaws are hereby repealed except insofar as they repeal any other bylaw:
Bylaw No. 3528, "Off-Site Works and Services Bylaw, 1986"
Bylaw No. 3538, "Subdivision Bylaw, 1986".
CITATION
62
This Bylaw may be cited as the "SUBDIVISION AND DEVELOPMENT BYLAW, 1987".
READ a first, second and third time by the Municipal Council on September 14, 1987
RECONSIDERED, ADOPTED and FINALLY PASSED by the Municipal Council on September
28, 1987
Mayor
Municipal Clerk
Sealed with the Seal of The Corporation of the
District of Oak Bay.
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Bylaw No. 3578 - Consolidated
SCHEDULE "A"
HIGHWAYS
Width
Right of Way
Roadway
Classification
Width
Width*
Collector
20 m
9 m to 11 m
Local
18 m
8.5 m to 10 m
Cul-de-Sac
17 m
6 m to 8 m
*to be determined within the specified limits by the Director of Engineering Services in accordance
with subdivision density and engineering design requirements.
General Design Principles
1.
Right of way and roadway widths for arterial highways shall be as required by the Director of
Engineering Services after consideration of actual or anticipated average and peak traffic
volumes.
2.
Arterial and collector highways shall be continued without jogs through the subdivision.
3.
Jogs in the alignment of local highways within and without the subdivision shall be avoided
unless the distance between centre lines at the jog exceeds 30 m.
4.
Culs-de-sac shall be provided with a turnaround area of 18 m diameter at the closed end.
Unless an emergency secondary access is provided, no cul-de-sac shall exceed a length of 110
m from the front of the turnaround to the intersecting highway having more than one access,
and in no case shall the length of any cul-de-sac exceed 220 m.
5.
Where bends occur in highway alignment the angle shall be replaced by a curve of radius
approved by the Director of Engineering Services.
6.
Reversed curves shall be separated by straight lengths of highway.
7.
Intersecting highways shall meet substantially at right angles unless otherwise required or
permitted by the Director of Engineering Services. In no case shall highways intersect at an
angle of less than 70o nor greater than 110o.
8.
The grade of arterial highways shall not exceed 7 percent, and the grade of all other classes of
highway shall not exceed 10 percent.
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Bylaw No. 3578 - Consolidated
9.
Walkways not less than 3 m wide shall be dedicated, constructed and fenced to the satisfaction
of the Approving Officer where, in his opinion, they are necessary to provide access to schools,
playgrounds, commercial facilities, public transportation, beaches and other community
facilities, or for proper circulation of pedestrian traffic.
10. Subject to the requirements of this Bylaw, highways shall be laid out and constructed so as to
interfere as little as possible with mature trees within or without the subdivision, and to this
end the Director of Engineering Services may require the construction of parking bays, which
he shall take into account in his determination of the required roadway width.
11. Access from a highway to each parcel of land within a subdivision shall be practical and
reasonable and shall be in accordance with the Driveway Access Bylaw, 1987.
12. All structures and obstructions of any kind encroaching upon the full, free and uninterrupted
use by the public of the full width and extent of all highways and walkways within a
subdivision shall be removed prior to subdivision approval.
13. Sidewalks shall be constructed on one or both sides of highways within a subdivision if
required by the Director of Engineering Services, who may specify whether they shall abut the
curb or be separated therefrom by a boulevard of width to be determined by him.
14. Lanes of width satisfactory to the Director of Engineering Services shall be dedicated and
constructed to his satisfaction where they would form extensions of any existing lane or system
of lanes, or where, in his opinion, a secondary means of access is required for parcels within a
subdivision.
15. To the extent consistent with the foregoing, the design and construction of highways, side-
walks, curbs, gutters, boulevards and lanes shall be consistent with the applicable standards set
out in the most recent edition of the "Manual of Geometric Design Standards for Canadian
Roads and Streets", published by the Roads and Transportation Association of Canada, and
"Residential Services and Site Planning Standards", published by the Ministry of Municipal
Affairs, Province of British Columbia.
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Bylaw No. 3578 - Consolidated
SCHEDULE "B"
Schedule of Fees - Design and Construction of Works and Services
Application Type
Admin Fee
Unit Fee
Application for a Pre-Design meeting
(Works and Services Design)
$885
Plus, per new lot created
$300
Application for
Pre-Construction meeting
(Works and Services Construction)
$885
Plus 4.0% of District's
Estimate of cost of works
(**Bylaw 4816, adopted June 27, 2022)
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Bylaw No. 3578 - Consolidated
SCHEDULE "C"
WATER DISTRIBUTION
(**Bylaw 4816, adopted June 27, 2022 - deleted)
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Bylaw No. 3578 - Consolidated
SCHEDULE "D"
SANITARY SEWERS
(**Bylaw 4816, adopted June 27, 2022 - deleted)
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SCHEDULE "E"
STORM SEWERS
(**Bylaw 4816, adopted June 27, 2022 - deleted)
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Bylaw No. 3578 - Consolidated
SCHEDULE "F"
UNDERGROUND WIRING
(**Bylaw 4816, adopted June 27, 2022 - deleted)
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Bylaw No. 3578 - Consolidated
SCHEDULE "G"
TRENCH EXCAVATION AND BACKFILL
(**Bylaw 4816, adopted June 27, 2022 - deleted)