Subdivision Bylaw No. 7452

Saanich, British Columbia

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THE CORPORATION OF THE DISTRICT OF SAANICH SUBDIVISION BYLAW 7452 - DECEMBER, 1995 Schedule H referred to in this Bylaw is available separately from the Land Development Division 2 THE CORPORATION OF THE DISTRICT OF SAANICH BYLAW NO. 7452 FOR REGULATING THE SUBDIVISION OF LAND WHEREAS the Council may by bylaw regulate the subdivision of land, the area, shape, and dimensions of parcels of land and the dimensions, locations, design and construction of highways, works and services in order to promote orderly, efficient, economical and aesthetically pleasing development, to preserve the established amenities of the Municipality, and to ensure that subdivisions are suited to the use to which they are intended. THEREFORE the Municipal Council of The Corporation of the District of Saanich enacts as follows: 1.0 TITLE 1.1 This bylaw may be cited as the "Subdivision Bylaw, 1995". 2.0 STANDARDS OF MEASURE 2.1 The equivalent Imperial units of measure shown in parenthesis after metric units are for information purposes only and do not form part of this bylaw. 3.0 DEFINITIONS In this bylaw, unless the context otherwise requires, APPLICANT means a person who has applied for approval of a proposed subdivision whether as the owner or as the agent for the owner of the land included therein. APPROVING OFFICER means the person appointed by the Municipal Council to be the Approving Officer and includes the Deputy Approving Officer. BOND means an irrevocable letter of credit, cash, certified cheque, or surety. (Bylaw No. 10040) COLLECTOR STREET means a street designated as a collector street in the Official Community Plan. 3 CONDITIONAL APPROVAL means that approval granted by the Approving Officer setting out conditions, including works and services which must be completed or agreed to prior to the granting of final approval. CONTRACTOR means any person, persons, or corporation which shall undertake the installation of municipal services on behalf of either the applicant or the Municipality. CUL-DE-SAC means a street which terminates with a vehicular turning area. DIRECTOR OF ENGINEERING means the Director of Engineering of The Corporation of the District of Saanich or any employee authorized to act on his behalf. DIRECTOR OF PARKS AND RECREATION means the Director of Parks and Recreation of The Corporation of the District of Saanich or any employee authorized to act on his/her behalf. DOUBLE FRONTING LOT means a lot abutting two streets, neither of which is a flanking street. FINAL APPROVAL means that approval granted by the Approving Officer when all relevant requirements of this bylaw, the Land Title Act and any other relevant bylaws and legislation have been fulfilled. FRONTAGE means the front lot line. FRONTAGE STREET means a street which is parallel and adjacent to a major street and which provides access to abutting properties. HIGHWAY means a right-of-way dedicated for a street, path, walkway, trail, lane, bridge, road, thoroughfare, and any other public way. JOG means a brief or abrupt change in direction. LOCAL STREET and RESIDENTIAL ROAD means a street that generally carries light traffic volumes with an origin or destination along its length. LOT WIDTH means the length of a straight line perpendicular to a straight line connecting the mid-point of the front and rear lot line and at a distance measured from the front lot line, equal to the minimum width requirement of the zone in which the parcel is located. MAJOR STREET means a street designated as a major street in the Official Community Plan. 4 MANAGER OF INSPECTION SERVICES means the Manager of Inspection Services of The Corporation of the District of Saanich, or any person authorized to act on his behalf. MEDICAL HEALTH OFFICER means the duly appointed senior health official of the Capital Regional District. OWNER means a person registered in the books of the Land Title Office as owner of the land proposed to be subdivided. PANHANDLE PARCEL means a parcel which requires a relatively narrow strip of land, or panhandle, which is an integral part of the lot, to provide the principal vehicular access to a street. PARCEL means any lot, block, or other area in which real property is held or into which real property is subdivided but does not include a street or portion thereof. PRELIMINARY PLAN means a dimensioned sketch or plan submitted with an application to subdivide. PROFESSIONAL ENGINEER OR CONSULTING ENGINEER means a person who is registered or licensed as such under the provisions of the Engineers and Geoscientists Act of the Province of British Columbia. PUBLIC UTILITY means any system having facilities installed in a right-of-way for the purpose of providing a service to property and shall include water distribution, sewage and drainage collection, street lighting, electric power distribution, telephone, cable television, and gas distribution systems. RIGHT-OF-WAY means land or any interest in land acquired for the purpose of: a) public rights of passage with or without vehicles; or b) erecting and maintaining any pole-line; or c) laying, placing, and maintaining drains, ditches, pipes, transmission lines, or wires for the conveyance, transmission, or transportation of water, electric power, forest products, oil, or gas, or both oil and gas, or solids as defined in the Pipelines Act"; or d) the disposal of sanitary sewage, storm water or drainage; e) the operation and maintenance of the undertaking, and shall include a Statutory Right-of-Way as defined in the "Land Title Act". ROADWAY means the portion of a street that is improved, designed and used for vehicular traffic. 5 RURAL STREET means any street in an area designated in the Zoning Bylaw as an "A" zone located outside the Urban Containment Boundary which is not classified as a Collector or Major street. RURAL ZONE means a zone designated in the Zoning Bylaw and described by an "A" zone classification, eg: A-1. SERVICE LEVEL means the standard of service required for development of subdivisions. SERVICING OFFICER means a person designated and authorized to exercise the powers and perform the duties of the servicing officer pursuant to section 513.2 and 513.3 of the Local Government Act. STREET means a highway which affords the principal means of vehicular access to abutting lots, and includes a road or road allowance. SUBDIVISION means the division of land into two or more parcels whether by survey plan or by metes and bounds description or otherwise. SURVEYOR means a land surveyor licensed and registered as a land surveyor in the Province of British Columbia. SURVEY PLAN means a fully dimensioned legal plan prepared by a surveyor submitted for final approval. WALKWAY means a highway for the use of the walking public only, except that a walkway may be designed to afford emergency vehicle use. WATER COURSE means any natural drainage course or source of water, whether usually containing water or not, and includes any lake, river, stream, creek, spring, ravine, swamp, gulch, or source of ground water whether open or enclosed. WORKS AND SERVICES means the roadways, drainage, water and sewer systems, sidewalks, boulevards, street lighting and underground wiring or any other works to be provided for in a subdivision of land under this bylaw. WORKS INSPECTOR means the municipal employee authorized by the Director of Engineering Services who shall, from time to time, make such inspections and tests of any work being carried out as he considers necessary and shall coordinate works being carried out within the municipality. Unless otherwise defined herein, any word or expression in this bylaw shall have the meaning assigned to it in the Local Government Act or the Land Title Act if not defined in the Local Government Act. 6 4.0 GENERAL PROVISIONS 4.1 No land shall be subdivided within the Municipality unless the subdivision has been approved by the Approving Officer. 4.2 An application to subdivide shall be in the form prescribed by Section 6.0. 4.3 The Approving Officer may request further information from an applicant at any time. 4.4 The Approving Officer, Servicing Officer, the Director of Engineering Services, the Manager of Inspection Services, and any municipal employee acting under the authority of any one of them may, at all reasonable times, enter upon any property for the purpose of administering and enforcing this bylaw. No person shall prevent or obstruct, or attempt to prevent or obstruct, the entry of any authorized officials upon any property as authorized under this bylaw. 5.0 GENERAL PARCEL REQUIREMENTS 5.1 No land shall be subdivided having (a) a width or an area less than the minimum prescribed in the Zoning Bylaw; (b) a depth less than 27.5 metres (90.2 feet) for conventional lots and 30.0 metres (98.43 feet) for panhandle lots. 5.2 Notwithstanding Section 5.1, the Approving Officer may approve a plan of subdivision which creates a parcel or parcels which do not comply with the minimum parcel size or width requirements of the Zoning Bylaw where: (a) two or more parcels are being consolidated and resubdivided, and (b) the proposed subdivision will result in the same or a lesser number of parcels, and (c) none of the parcels to be created by the subdivision is smaller in area or in width than the smallest of the existing parcels of land being subdivided, or (d) at least one of the parcels in the proposed subdivision is within the Agricultural Land Reserve and the Provincial Agricultural Land Commission has approved the subdivision, in which case one of the new parcels may be smaller than the smallest existing parcel. 7 5.3 Notwithstanding Section 5.1, the Approving Officer may approve a plan of subdivision which creates a parcel or parcels which do not comply with the minimum parcel size or width requirements of the Zoning Bylaw, provided that at least one of the parcels is to be held by the Municipality or another level of government or public authority and, i) the parcel is necessary to permit the orderly subdivision or servicing of adjacent lands in the future; or ii) the parcel is for a Municipal or other public use. 5.4 Notwithstanding Section 5.1, where a parcel is located in two zone districts, one of which is either rural or RS-18, the Approving Officer may approve a plan of subdivision which creates a residual parcel within the Rural Zone which does not comply with the minimum parcel requirements of the Rural Zone. 5.5 Double fronting residential parcels shall not be permitted unless it is impracticable to provide suitable alternatives or where specifically required by the Approving Officer. 5.6 Access from a street to the front building line of each parcel being created by subdivision must be practical and reasonable. The Approving Officer may require the applicant to provide a report from a qualified person indicating the feasibility of constructing a driveway at a grade not to exceed 15%. 5.7 Where unusual soil or drainage conditions exist or may develop within the land to be subdivided, the applicant may be required to furnish information, or to aid in the gathering of information, that will allow the Approving Officer to determine whether the area, shape and dimensions of parcels are adequate in view of the nature of the ground and the anticipated use of the land. 5.8 All existing buildings relative to a new boundary must be shown by a land surveyor on a plan or sketch to ensure compliance with the setback requirements of the Zoning Bylaw. 5.9 Where, on inspection, boundaries cannot be satisfactorily identified, the Approving Officer may require that the applicant have a proposed subdivision staked out on the ground by a surveyor. 5.10 Property lines of parcels which intersect a highway shall be at right angles or radial to the highway unless the Approving Officer is satisfied that it is impracticable comply. 8 5.11.1 The minimum area requirements for panhandle lots in the RS-6, RS-6A, RS-8, RS-8A, RS-10, RS-10A, RS-10B, RS-11, RS-12, RS-12A, RS-12B, and RS-CH1, and RS-CH2, zones excludes the area contained within the access strips. 5.12 Notwithstanding Section 5.1, the Approving Officer may approve a plan of subdivision of a parcel which is in the A-7 zone which does not comply with the minimum parcel requirements of the Zoning Bylaw if: i) the parcel to be subdivided is separated into two parts by a highway or another lot, and ii) the parcel is to be subdivided into two lots corresponding to the two parts referred to in i), and iii) each lot shown on the plan is greater than 2,500 m2 (26,910 ft2). 5.13 The power to exempt a parcel from the minimum frontage requirement under Section 512 of the Local Government Act or any successor legislation, is delegated to the Approving Officer. (Bylaw No. 9988) 6.0 CONDITIONAL APPROVAL 6.1 Every application for conditional approval of a subdivision shall be made by the registered owner or by his authorized agent. 6.2 All applications shall be submitted on the appropriate forms to the Planning Department and shall be accompanied by the fee imposed under the "Land Use and Development Application Fee Bylaw, 1998, No. 7832", any amendments thereto or any successor bylaws. 6.3 An application for a subdivision shall be accompanied by twelve copies of a sketch plan drawn to a scale of 1:500, unless otherwise directed by the Approving Officer, prepared by a surveyor or other qualified person showing the following information: a) the boundaries of all adjacent parcels and the relationship of the proposed subdivision to at least one street intersection; b) the layout, dimension, and alignment of all parcels and highways; c) topographical information as required by the Approving Officer; d) the location, dimension and size of all buildings which will remain after subdivision 9 e) the location, species, dripline and size of all trees protected by "The Tree Preservation Bylaw, 1997, No. 7632", and amendments thereto or any successor bylaws, and where required by the Approving Officer the location, species, dripline and size of all mature trees within the area to be subdivided. f) the location of any water courses within the land to be subdivided. 6.4 Where an application for subdivision indicates further subdivision or rezoning of the land within the proposed subdivision or of any adjacent land, the Approving Officer may require the applicant to furnish a sketch plan showing the ultimate subdivision indicating how the application fits into the ultimate subdivision. 6.5 Conditional approval is valid for a period of one year. If the final approval has not been granted within that period, the application must be resubmitted and it shall be considered as a new application subject to any change in conditions, bylaws or policies that may have occurred. 6.6 Conditional approval shall not be construed as final approval of a subdivision. 7.0 DESIGN AND INSTALLATION OF WORKS AND SERVICES 7.1 Every owner of land proposed for a subdivision shall provide, locate and construct at his own expense, such highways, sidewalks, boulevards, boulevard crossings, transit bays, streetlighting, underground wiring, water distribution system, fire hydrant system, sewage collection system and drainage disposal system within the subdivision, and on the highway or highways immediately adjacent to the land being subdivided as required by Schedules A, B, C, D, E, F, G, H, and I of this bylaw. 7.2 The owner shall retain, at his expense, a professional engineer who shall design the works and services required and in accordance with the terms and conditions of Schedule H. 7.3 All works and services required to be installed at the owner's expense under this bylaw shall be constructed and installed to the standards prescribed under this bylaw prior to final approval of the subdivision by the Approving Officer, unless the owner of the land: (a) Deposits within the Municipality a bond, in a form satisfactory to the Approving Officer, in the amount of 120% of the estimated cost of the works and services; and (b) Enters into a Subdivision Servicing Agreement with the Municipality to construct and install the required works and services by a specified date or forfeit the amount secured by the bond. 10 7.4 The owner shall, prior to final approval, (a) Enter into a written agreement with the Municipality to rectify any deficiencies in design, materials or workmanship that may arise in connection with the works and services during the twelve months next following the assumption of responsibility for the works and services by the Municipality. The length of the warranty period may be increased at the direction of the Director of Engineering Services; and (b) Deposit with the Director of Engineering Services a bond in the amount of 5% of the estimated cost of the works and services, or $500 whichever is the greater, in a form satisfactory to the Director of Engineering Services as a guarantee of performance under this agreement. (c) Pay an administration and inspection fee equal to 4.5% of cost estimates acceptable to the Municipality of the construction of any works and services required by any Municipal Bylaw pursuant to Section 931 of the Local Government Act or Sections 12 and 13 of the Bare Land Strata Regulations under the Strata Property Act. 7.5 Where water, drainage, or sewage systems required for the subdivision are not within a highway, the owner of the proposed subdivision shall grant to the Municipality a right-of-way acceptable to the Director of Engineering Services in accordance with the Municipality's standard Right-of-Way Agreement. 7.6 Where water, drainage or sewage systems required for the subdivision must cross over privately owned land outside the subdivision, the owner shall be responsible for obtaining the consent of the owner of such land to grant to the Municipality a right-of-way permitting the installation and repair of such services, in accordance with the Municipality's standard Right-of-Way Agreement. 7.7 For development of Non-Market Housing, as defined by the Zoning Bylaw, the Director of Engineering may, at their sole discretion and to their satisfaction, accept a Letter of Indemnity secured by a public authority in lieu of the bond requirements set out in section 7.3 and 7.4 of this Bylaw. (Bylaw No. 10040) 8.0 FINAL APPROVAL 8.1 Final approval shall not be granted until the conditions for the installation of works and services as specified by Schedule H have been fulfilled. 8.2 The survey plan shall conform substantially to the plan granted conditional approval but, subject to the agreement of the Approving Officer, it may include only a portion of the lands included in the conditional approval. 8.3 Where a survey plan is not required, the applicant shall provide the 11 Approving Officer with a clear, written description of the proposed method of subdivision accompanied by a sketch or plan showing the correct dimensions and legal description of the parcel being subdivided. 8.4 The survey plan, or description in lieu thereof, shall be accompanied by: (a) an examination fee as prescribed by the regulations to the Land Title Act; (b) a State of Title Certificate for each parcel of land included in the subdivision; (c) an S-1 Form indicating that all property taxes have been paid; and (d) six paper prints, a duplicate mylar and digital file based on standards set out by the Surveyor General Branch of the survey plan if the subdivision is being done by plan. 8.5 When a survey plan is not required, the Approving Officer shall sign and date the plan in accordance with the Land Title Act and shall return the plan to the surveyor. Final approval is valid for a period of 60 days and if the subdivision is not registered within that period, it must be submitted for reapproval accompanied by the fee imposed under the "Land Use and Development Application Fee Bylaw, 1998, No. 7832", any amendments thereto and any successor bylaws. 8.6 If the survey plan is rejected, the applicant shall be advised in writing and the reasons for rejecting the subdivision shall be given. If a survey plan was tendered with the application it shall be returned to the applicant unsigned, less the paper copies required by Section 8.4(d). 9.0 SCHEDULES 9.1 The following schedules are attached to and form part of this bylaw: SCHEDULE A: Service Levels SCHEDULE B: Standards for street configurations SCHEDULE C: Standards for clearing, grading, draining and surfacing streets SCHEDULE D: Standards for street lighting and underground wiring SCHEDULE E: Standards for water distribution systems SCHEDULE F: Standards for storm water collection systems SCHEDULE G: Standards for sanitary sewage collection systems SCHEDULE H: Saanich Engineering Servicing Specifications SCHEDULE I: Standards for the Installation of Boulevard Street Trees 12 10.0 SERVICING OFFICER 10.1 The following classes of persons are designated as Servicing Officers: (a) The Director of Engineering; (b) The Manager of Development Services 11.0 REPEAL 11.1 Bylaw No. 5805, being the "Subdivision By-law, 1987" and amendments thereto, are hereby repealed except insofar as they may repeal any other bylaw. 12.0 EFFECTIVE DATE OF BYLAW Read a first time this 4th day of December, 1995 Read a second time this 4th day of December, 1995 Read a third time this 4th day of December, 1995 Adopted by Council, signed by the Mayor and Clerk and sealed with the Seal of The Corporation on the 11th day of December, 1995. "CARRIE M. MacPHEE" "FRANK LEONARD" .................................................. .................................................. Clerk of The Corporation of the Mayor District of Saanich 13 SCHEDULES 14 SERVICE LEVELS WTR: WATER DRN: DRAINAGE SWR: SEWER STR: STREETS LGHT: STREET LIGHTING U/W: UNDERGROUND WIRING - SERVICE LEVEL 1 - SERVICE LEVEL 2 ACCESS REQUIREMENTS FOR PANHANDLE LOTS - WIDTH OF ACCESS STRIP - 4.0 M (13.1 FT), EXCEPT WHERE THE ACCESS LENGTH EXCEEDS 37.5 M (123 FT), THE WIDTH MUST BE INCREASED TO 6 M (19.7 FT) - WHERE TWO PANHANDLE LOTS ARE BEING DE VELOPED TOGETHER AND WHERE ACCESS STRIPS ARE ADJOINING THE MINIMUM WIDTH OF EACH ACCESS STRIP CAN BE REDUCED TO 3.0 M (9.8 FT) PROVIDED RECIPROCAL RIGHTS-OF-WAY WILL BE REGISTERED. SCHEDULE A - SERVICE LEVELS SCHEDULE A - SERVICE LEVELS Classification Zone Service Levels* All Subdivisions Wtr Drn Swr Str Lght U/W RURAL A 1 1 1 1 1 none SINGLE FAMILY RS-1 to RS-13B inclusive, RS-CH1, RS-CH2, RS-CR, RS-EL, RS-F, RS-MF 2 2 2 2 2 2 RS-14, RS-14A, RS-15 2 2 2 2 1 2 RS-16 2 2 1 2 1 2 RS-18 1 1 1 1 1 2 TWO FAMILY RD 2 2 2 2 2 2 MULTI-FAMILY CD-1RO, RA, RC, RM, RP, RT 2 2 2 2 2 2 COMMERCIAL C-1 to C-12 inclusive, C-14, C-15, CD-2MV, CD-3GA, MFC-CH 2 2 2 2 2 2 C-13 1 1 1 2 1 2 INDUSTRIAL M-1 to M-3 inclusive, M-5, M-7 2 2 2 2 2 2 M-4 2 2 1 2 2 2 INSTITUTIONAL MFI, P-1, P-1A, P-1R, P-1U, P-3, P-6, P-7, P-11, P-12, P-13 2 2 2 2 2 2 P-2, P-2WL, P-5, P-9, P-10 1 1 1 1 1 none P-4, P-4H, P-4HR, P-4N 1 1 1 2 1 none 15 SCHEDULE B STANDARDS FOR STREET CONFIGURATIONS 1. Major and collector streets are to be continued without jogs through the area being subdivided. Collector streets shall have a width of 20 metres (65.6 feet). Major streets shall have a width deemed appropriate by the Approving Officer or the Servicing Officer, as appropriate, for the particular street involved. 2. Local streets shall conform in alignment to existing adjacent streets, where practicable, and shall have a width in accordance with the specifications of Schedule H. 3. Cul-de-sac streets shall be provided at the closed end with an area designated to permit safe and adequate space for turning of motor vehicles. Provision shall be made in the turning area for a landscaped island unless the Approving Officer is satisfied that it is impractical to comply. A parking island shall be provided in the turning area to accommodate street parking on the basis of one stall for each parcel around the turning area where the parcel has an area of less than 800 m2 (8,611 ft2), and a curb frontage which measures less than 9 metres (29.6 feet). 4. The property line radius of turning areas at the end of cul-de-sac streets shall be: (a) 12 metres (39.4 feet) with no island; (b) 14 metres (45.9 feet) with a standard island; or (c) 15 metres (49.2 feet) with a parking island. 5. Intersecting street boundaries shall be rounded to a 6 metre (19.7 feet) radius curve if: (a) one of the intersecting streets is 15 metres (49.2 feet) or less in width; (b) one or both intersection streets are considered to be major or collector streets; or (c) the interior angle at the street intersection is 80 or less. 6. Jogs in street alignment at intersections shall be permitted, provided the distances between centre lines at the jog is a minimum of 80 metres (262.5 feet), unless it is impractical to comply because of the existing street configuration. 7. Where bends occur in an existing street alignment, the angle shall be replaced by an appropriate curve. 8. Reversed curves in street alignment shall be separated by tangents. 9. Streets are to be laid out with due regard to the topography so as to avoid flat or excessive grades. 10. Intersecting streets shall meet substantially at right angles, unless the Approving Officer otherwise requires or permits. In no case shall streets intersect at any angle of less than 70. 16 SCHEDULE C STANDARDS FOR CLEARING, GRADING, AND SURFACING STREETS 1.0 CLEARING AND GRADING 1.1 The entire area of all streets shall be brought to the designed grades and shapes. All unsuitable material shall be removed and replaced or otherwise dealt with in accordance with the specifications of Schedule H. 2.0 SURFACING 2.1 Sidewalks 2.1.1 Scope Permanent sidewalks shall be installed on each side of all major streets and on one side of all collector streets, in accordance with the specifications in Schedule "H". 2.1.2 Material, Width and Construction Sidewalks shall be 1.5 metres (4.9 feet) in width and constructed of cement concrete pavement, in accordance with the specifications of Section "H". 2.2 Walkways 2.2.1 Scope Walkways not less than 2 metres (6.6 feet) wide shall be dedicated where, in the opinion of the Approving Officer, or the Servicing Officer, as appropriate, they are essential to provide circulation or access to schools, playgrounds, shopping centres, transportation, beaches, and other community facilities, or for proper circulation of pedestrian traffic. 2.2.2 Material, Width, and Construction Service Level 2 requires a paved width of 2 metres (6.6 feet) constructed of cement concrete pavement, in accordance with the specifications of Schedule "H". 2.2.3 Fencing Service Level 2 requires that a fence, 1.5 metres (4.9 feet) shall be erected on both sides of a walkway, in accordance with the specifications of Schedule "H". 17 2.3 Paved Streets 2.3.1 Scope, Service Level and Materials (a) Service Level 1 requires machine laid asphalt with 1 metre (3.3 feet) gravel shoulders in accordance with the specifications of Schedule "H". (b) Service Level 2 requires machine laid asphalt or cement concrete pavement with curbs. Construction shall be in accordance with the specifications of Schedule "H". 2.3.2 Curbs Curbs shall be of concrete integral with either a concrete gutter or a cement concrete pavement roadway. Curb dimensions and construction shall conform to the specifications of Schedule "H". 2.3.3 Required Width of Paving The width of paving shall be as shown in the following table: STREET SERVICING Service Level 1 Service Level 2 All Uses Single Family & Two Family Dwelling Uses Multiple Dwelling, Commercial, Industrial, Institutional Uses Local Streets 5 metres (16.4 feet) 8.5 metres (27.9 feet) 11 metres (36.1 feet) Collector Streets none 11 metres (36.1 feet) 11 metres (36.1 feet) 2.3.4 (a) Where a highway or highways exist adjacent to the proposed subdivision but no developed street exists, or the existing street does not meet the width or construction standards set out in this Bylaw, or an existing street lacks underground wiring or street lighting services, a street, together with underground wiring and street lighting shall be constructed, installed, improved, upgraded, or widened along that portion of the highway or highways immediately adjacent to the lands being subdivided in accordance with Table 1. (b) The requirement in the preceding Subsection (a) shall not apply to a highway where: (i) no works or services of the same or comparable standard have been installed or constructed on any other portion of 18 the highway, and, (ii) no present engineering plans exist for the upgrading or construction of such works and services in the future by Municipal crews or subdividers. (c) In cases where an owner is required to construct, improve, upgrade or widen less than the full designed width of the street, the improvements shall be installed for the prescribed width measured from the edge of the pavement or curb of the designed road nearest to the proposed subdivision. (d) Notwithstanding section 2.3.4(a), street improvements will be required in all cases where existing pavement standards are less than 6.0 metres in width complete with water control for all service level 2 areas, and 5.0 metres in width with 1.0 metre shoulders for all service level 1 areas. 2.3.5 Unless required by section 2.3.4 to upgrade or widen the pavement to a higher standard, road improvements shall consist of upgrading the existing pavement to the minimum standards set out in section 2.3.4(d). 19 TABLE I Z O N E S A, RS-18, P-2, P-2WL, P-5, P-9, P-10 Z O N E S RS-1 to RS-16 inclusive, RS-CH1, RS-CH2, RS-CR, RS-EL, RS-F, RS-MF, RD Z O N E S RA, RC, RM, RP, RT, C, CD-1RO, CD-2MV, CD-3GA, M, P-1, P-1A, P-1R, P-1U, P-3, P-4, P-4H, P-4HR, P-4N, P-6, P-7, P-11, P-12, P-13, MFI, MFC-CH LOCAL 5m Rural Street Standards [Schedule H, SD-R-4*] 6m of a 8.5 m Residential Standard Street [Schedule H - SD-R-1*] 7m of an 11m Residential (RC, RT, RM, RA, RP) Standard Street [Schedule H - SD-R-1-A*I] or 7m of an 11 m Collector Street (C, CD-1RO, CD-2MV, CD-3GA, M, P-1, P-1A, P-1R, P-1U, P-3, P-4, P-4H, P-4HR, P-4N, P-6, P-7, P-11, P-12, P-13, MFI, MFC-CH) COLLECTOR 6m of an 11m Collector Street [Schedule H - SD-R-2I] 7m of an 11m Collector Street [Schedule H - SD-R-2I] MAJOR 7m of a 14m Major Street [Schedule H - SD-R-3I] or one-half, whichever is greater 7m of a 14m Residential Street [Schedule H - SD-R-3I] or one-half of the overall width, whichever is greater * In cases where the street terminates or will terminate within the frontage, an appropriate turnaround must be constructed at the terminus. Refer to SD-R-7 in Schedule "H". I Concrete sidewalk is required. 20 SCHEDULE D STANDARDS FOR STREET LIGHTING AND UNDERGROUND WIRING 1.0 SCOPE AND SERVICE LEVEL 1.1 Service Level 1 does not require underground wiring. 1.2 Service Level 2 requires underground wiring. 1.3 Service Level 1 requires street lighting at intersections and turning areas only, except streetlights will not be required in areas designated not to have street-lights 1.4 Service Level 2 requires street lighting along all streets. 2.0 DESIGN AND INSTALLATION 2.1 Street lighting shall be designed and installed by the municipality at the owner's expense in accordance with specifications of Schedule "H". 2.2 Except for lots which can be served directly from an existing pole line, underground wiring shall be installed by the owner to provide sufficient underground wiring and appurtenances from the existing wiring system to provide each lot in the subdivision with an adequate supply of electrical power, telephone, cable and telecommunications in accordance with the design, approval and inspection requirements of the appropriate utility company. 21 SCHEDULE E STANDARDS FOR WATER DISTRIBUTION SYSTEMS 1.0 SCOPE AND SERVICE LEVEL 1.1 Service Level 1 requires a connection to the Municipal water system, or, if not available, requires confirmation from a professional engineer that each lot has the capability to supply 3400 litres (748 gallons) per day from a well. 1.2 (a) Service Level 2 requires that each lot shall be connected to the existing Municipal water system. (b) Where a highway exists adjacent to the proposed subdivision but no watermain has been installed, the main shall be installed along the frontage of the subdivision and connected to the existing Municipal water system. 2.0 DESIGN 2.1 Watermains and appurtenances shall be designed in accordance with the locations and sizes required by Schedule "H" and shown on a plan approved by the Director of Engineering Services. 2.2 The locations of the watermains shall be within a street unless otherwise approved by the Director of Engineering Services. 3.0 CONSTRUCTION 3.1 Watermains and appurtenances shall be laid in accordance with the specifications of Schedule "H". 22 SCHEDULE F STANDARDS FOR STORMWATER COLLECTION SYSTEMS 1.0 SCOPE AND SERVICE LEVEL 1.1 Service Level 1 requires a drainage system where existing soil or site conditions make a drainage system necessary to protect the established amenities of adjoining properties or streets. Where a drainage system is required, a ditch will be permitted which may flow to a watercourse or other ditch acceptable to the Approving Officer. 1.2 Service Level 2: (a) Requires an enclosed storm drain system installed by the owner complete with service connections to serve all parcels and streets being created by subdivision at a depth of capacity sufficient to serve the subdivision. The system shall discharge to a watercourse, ditch, or enclosed drain acceptable to the Approving Officer. (b) Where a highway exists adjacent to the proposed subdivision, but no drain main has been installed, the mains shall be installed along the frontage of the subdivision and connected to the acceptable outlet. (c) As a condition of a building permit or plumbing permit issued for a property in a single-family dwelling zone (RS) not forming part of a conditionally approved subdivision or a rezoning application: (i) Where an enclosed storm drain system of a sufficient capacity exists in the frontage or within the right-of-way that is within or bordering the subject property, the property must connect to that drain. (ii) Where condition (i) is not met and the following criteria are satisfied, then an on-site stormwater disposal system may be installed under the following conditions: a. The system is located at least 60 meters from any drinking water well or 30 meters from any on-site sewage disposal system or contaminated soils; b. The system is located at least 5m from any property line, right-of- way, easement, or covenant area; c. The system is located at least 5m from any building foundation and the overflow for the system must be at least 600mm below the underside of the lowest floor elevation or constructed to spill away from the building where this is not achievable; d. The lowest elevation of the system must be at least 600mm above bedrock, clay, other impervious soils, and the maximum seasonal groundwater table elevation; e. No component of the system is located within 30m of any Steep 23 slope areas, as defined by the Tree Protection Bylaw where grades exceed 15%, or within 10m of the crest of a slope that meets those criteria unless deemed acceptable by a Professional Engineer; f. The system is not within any Floodplain or Streamside Development Permit areas as defined in the Official Community Plan; and g. The system is designed and installed in accordance with the requirements in Section 2.2. (iii) If neither (i) or (ii) can be satisfied, then an enclosed storm drain system must be extended, and a connection made to the property in accordance with 1.2 (a) and 1.2 (b). (iv) Clauses 1.2 (c), (i) to (iii) do not apply to properties bordering tidal waters or large bodies of water. In those circumstances measures for water quality and shoreline erosion, to the satisfaction of the Director of Engineering, are required before discharging to those waterbodies. 1.3 Subject to section 1.2, Service Level 2 requires that any watercourse flowing through the subdivision shall be enclosed unless: (a) the pipe size would exceed 90 cm; and (b) an agreement will be entered to ensure that no building will be constructed within 7.5 m from the edge of the watercourse. 1.4 Subject to section 1.2, Service Level 2 requires that any flow of surface water from adjoining land or from the subdivision land shall be maintained naturally along the existing ground surface or, if concentrated in any way, shall be intercepted and connected to an enclosed drain system. 2.0 DESIGN 2.1 Designs for an enclosed storm drain system shall be in accordance with the specifications of Schedule "H" and the drainage system in the subdivision shall be fully integrated with the systems in adjoining areas. 2.2 On-site storm water disposal systems must be designed by and installed under the supervision of a Professional Engineer. The system must satisfy the following: (a) The containment of the runoff generated by a 24 hour, 1:5-year event without surface overflow. (b) An in-situ test performed under the supervision of a qualified professional engineer, demonstrating the capabilities of the native soils to infiltrate the total volume generated by a 24 hour 1:5-year even within a 48-hour period. This test must be performed in the vicinity of the proposed location for infiltration system and depth of the bottom of the system. (c) A continuous flow route that directs run-off from the 24-hour, 1:25-year storm event towards roads, the municipal drain, drainable rights-of-way, or a 24 watercourse. No flow from this event is allowed from one private site to another unless an easement, and if required by the Director of Engineering, a Section 219 covenant is in place. (d) The storm water volume shall account for the relevant impervious area of the site, as it relates to the building permit application, inclusive of landscape surfaces (e.g. pathways, driveways, or other impermeable areas). Based on the lot size and existing lot coverage, the Director of Engineering may consider other impermeable areas to be relevant to the capture and infiltration of stormwater run-off. (e) The engineer must provide a maintenance manual and schedule to the owner, to be registered on title in a Section 219 covenant. (f) The BC Building and Plumbing Codes apply to the construction of any new building notwithstanding the requirements for on-site stormwater disposal as set out in this Schedule "F". 2.3 The design brief and engineering drawings whether for the enclosed system or onsite system shall be approved by the Director of Engineering prior to building permit issuance. 3.0 RIGHTS-OF-WAY 3.1 Where a subdivision subject to Service Level 2 is traversed by a watercourse or drainage ditch, a drainage right-of-way shall be provided along such watercourse or drainage ditch or its or their planned alignment to a width deemed necessary by the Approving Officer for construction, maintenance, conservation or beautification purposes. 25 SCHEDULE G STANDARDS FOR SANITARY SEWAGE COLLECTION SYSTEMS 1.0 SCOPE AND SERVICE LEVEL 1.1 Service Level 1 requires that each lot shall be capable of being provided with a conventional septic tank and disposal field to meet the requirements of Provincial Health Regulations. 1.2 (a) Service Level 2 requires that a sanitary sewage collection and disposal system complete with service connections shall be installed by the owner to serve all lots being created by the subdivision and shall connect to the municipal sewerage system. (b) Where a highway exists adjacent to the proposed subdivision but no sewer main has been installed, the main shall be installed along the frontage of the subdivision and connected to the acceptable outlet. 1.3 No subdivision within the Sewer Service Area shall be approved until the Director of Engineering Services has confirmed to the Approving Officer that sewers will be available to serve the parcels to be created by the subdivision within 90 days after approval of the final survey plan. 2.0 DESIGN 2.1 The designs of a sewer system shall be in accordance with the specifications of Schedule "H" and the sewer system in the subdivision shall be fully integrated with the systems in adjoining areas. 2.2 Designs and plans shall be approved by the Director of Engineering Services prior to construction. 3.0 CHARGES 3.1 Land included in any subdivision in which a sewage collection and disposal system has been installed at the cost of the owner shall be exempt from the charges imposed by the Municipality for the capital cost of works of a like nature, and all such land shall be exempt from such charges for a period of twenty (20) years. 26 SCHEDULE I STANDARDS FOR THE INSTALLATION OF BOULEVARD STREET TREES 1.0 SCOPE 1.01 This specification shall govern the design and location of boulevard street trees within the District. Boulevard street trees shall be planted in the boulevard on both sides of a highway being created by a subdivision or a development, and in the boulevard of an existing highway immediately adjacent to the site being subdivided or developed. 1.02 Boulevard trees will not be required under the following conditions: (a) Where healthy boulevard street trees or healthy trees on adjacent private lands are growing at not less than the density or spacing requirements of this Schedule. (b) Where there are rock barriers or soil conditions which will not sustain a healthy tree. (c) Where due to the size of the boulevard area fronting the lot and the presence of driveways or other site services, there is insufficient room to plant a tree. 1.03 For strata title developments, the boulevard street is deemed to be the street frontage prior to development. There is no requirement for tree planting along a private strata title roadway. 2.0 GENERAL 2.01 Prior to any tree planting, the applicant's consultant shall submit planting information which shows the tree species, sizes and planting locations for approval by the Director of Parks and Recreation. This tree information for any required boulevard street tree planting shall be shown on the service drawings prepared by the applicant's consulting engineer. The location, number and spacing of trees will vary according to the site conditions. Trees species will be selected from the Saanich Parks List of Recommended Boulevard Street Trees and in accordance with the objectives of the Boulevard Street Tree Planting Program. The tree list also includes a list of possible native trees where intended. 2.02 All plant material shall be of good health and vigour with no visible signs of disease, insect pests, damage, or other disfigurements, and shall comply with the latest version of the "BC Landscape Standards" published jointly by the BC Landscape Architects Society and the British Columbia Nursery and Landscape Association. 27 3.0 DESIGN CRITERIA 3.01 The applicant's consultant shall provide tree locations on the service drawing that conforms to the Saanich Parks Boulevard Street Tree Program. The program includes a list of acceptable trees including native tree species where intended. An effort must be made to achieve species diversification within the boulevard. 3.02 Each tree shall be located in accordance with the other service and utility requirements shown on the service drawings. 3.03 Sizes of tree species to be used will be either of the following: Large Growing Trees - A species of tree which normally grows to a height greater than 8.0 metres. The minimum planting size for these trees shall be 6.0 cm caliper D.B.H.. Medium or Small Growing Trees - A species of tree which normally grows to a height of less than 8.0 metres. The minimum planting size for these trees shall be 5.0 cm caliper D.B.H.. 3.04 If the tree planting location is within 1.0 m of an existing underground municipal service in the boulevard, then a current arboriculture technique will be employed in the planting pit between the tree and the municipal services, as mitigation. 3.05 No tree shall be planted within 1.5 m of an above ground municipal service (fire hydrant, streetlight, or driveway). Trees may be located adjacent to, or within sidewalks where approved. 3.06 The applicant's contractor shall note the proposed tree locations on site and avoid unduly disturbing or compacting the tree site during construction. 3.07 Street trees shall be required according to the following table: 28 *Actual spacing will vary depending on the site conditions and tree selection Service Level 1 A (Rural) Zones Service Level 2 RS Zones Service Level 3 All other zones except where a Lands Use Contract is in place One (1) Large of Medium Growing Tree for each lot being created to a maximum of 1 tree per 100 lineal metres, or portion thereof, of lot line common to the lot and a street. One (1) Large or Medium Growing Tree for each lot being created. Large Growing Trees - One (1) tree for each 15.0 lineal metres, or portion thereof, or lot line common to the lot and a street. OR Medium Growing Trees - One (1) tree for each 8.0 lineal meters, of portion thereof, of lot line common to the lot and a street. 4.0 MATERIALS 4.01 Trees shall be balled and burlapped or container grown stock. Bare root trees will not be used. Container grown stock shall have a sufficiently well- established root system to hold the soil together when removed from the container. In all cases, the root system shall be strong, fibrous, free of disease, insects, or injuries, and shall be sufficiently developed to guarantee successful transplanting. 5.0 PLANTING 5.01 Boulevard street trees shall be planting by Saanich municipal crews. The developer shall pay to Saanich in advance the current Saanich charge-out rate for each tree to be planted. The charge-out rate for Boulevard Street Trees shall include the Municipality's costs to purchase, plant and maintain the tree for a one year period following planting. 5.02 The applicant is responsible for contacting the Public Works Inspector when the streets and boulevards are completed so that the tree planting can be done. 5.03 The trees shall be planted where shown on the approved design drawings. If, for some reason, the location becomes unsuitable, the applicant, the Public 29 Works Inspector and the Saanich Parks Arborist shall determine an alternate location. 5.04 Notwithstanding the provisions of Section 5.01, street trees may be planted by the applicant in compliance with the specifications contained in the Saanich Parks Boulevard Street Tree Program, where: a) it is proposed to construct a single family dwelling on an existing lot at the time of the bylaw adoption, or b) the street tree planting is being done in conjunction with an approved development permit designated under Section 879 (3) of the Local Government Act. 6.0 INSPECTION, MAINTENANCE & ASSURANCE 6.01 As part of the charge-out cost, Saanich will be responsible for watering and maintaining the tree(s) during the first one year establishment period. One year after the tree planting, the tree will be inspected to ensure that it is in good condition and free of impediments to growth. 6.02 After the end of the one year maintenance period, the trees shall be maintained by the District as part of the annual tree maintenance program. 30 SAANICH PARKS RECOMMENDED BOULEVARD STREET TREES DECIDUOUS May 2001 Tree Type Common Name Variety Spacing metres Tree Height metres Flower Autumn Colour Comments Acer campestre Hedge Maple 10 8 Y Acer davidii Davids Maple 10 - 12 10 Y Pu Striped bark Acer ginnala Amur Maple 8 - 10 6 S Acer griseum Paperbark Maple 10 - 12 14 R Shredding copper bark Acer platanoides Norway Maple Columnar Crimson 10 - 12 8 - 20 Y Y Many shapes & leaf colours Acer pseudoplatanus Sycamore Maple Leopoldii 12 - 15 12 Y Acer rubrum Red Maple 10 - 12 6 - 16 Y R Many shapes Acer saccharum Sugar Maple 10 - 12 15 - 20 Y R Stronger & slower than Norway Maple Aesculus x carnea Red Horse Chestnut Briotii 12 - 15 8 - 12 Y Fruitless variety Amelanchier laevis Allegheny Service berry 8 - 10 6 - 10 W Y R Non-aggressive roots Amelanchier canadensis Shadblow Serviceberry 8 - 10 5 - 8 W Y R Greyish young foliage Betula jacquemonti Paper Birch 10 - 12 18 - 21 Y Bright white bark Carpinus betulus fastigiata European Hornbeam 10 - 12 10 - 12 Y Upright growth habit Cerdidiphyllum japonica Katsura Tree 8 - 10 10 - 20 S Protect from hot sun and dry wind Cercis canadensis Eastern Redbud 10 - 12 6 - 12 Pu - P Y Some horizontal 31 Tree Type Common Name Variety Spacing metres Tree Height metres Flower Autumn Colour Comments branching in age Cornus florida Flowering Dogwood 8 - 10 5 - 10 W S Needs good drainage Crategus lavellei Carriere Hawthorn 8 - 10 5 - 8 W R Davidii involucrata Dove Tree 10 - 12 10 - 20 W Large brown fruit hangs in winter Fagus sylvatica European Beech Atropunicea Purpurea, Cuprea 12 - 15 8 - 25 B Leaves purple or copper Fraxinus ornus Flowering Ash 8 - 10 15 - 20 W Y Seedless Fraxinus oxycarpa Claret Ash Reywood 10 - 12 20 R Claret red fall colour Fraxinus pennsylvanica lanceolata Marshal, Summit 10 - 12 12 - 18 Y Few or no seeds Ginkgo biloba Maidenhair Tree (male only) 12 - 15 20 Y Male trees only Ginkgo biloba Maidenhair Tree Sentry (male only) 8 - 10 18 Y Male trees only Halesia monticola Mountain Silver Bell 12 - 12 12 - 18 W Y Graceful growth habit Liquidambar styraciflua American Sweet Gum 10 - 12 10 - 20 S Bark deeply furrowed Liriodendron tulipifera Tulip Tree Arnold, Fastigiata 12 - 15 10 - 22 Y G Y Tulip shaped coloured flowers Magnolia grandiflora Southern Magnolia 10 8 W Broadleaf evergreen, scented blooms Magnolia kobus Kobus Magnolia 10 - 12 9 - 12 W Y Magnolia x soulangiana Saucer Magnolia 8 - 10 4 - 8 W Y Large flower, very showy 32 Tree Type Common Name Variety Spacing metres Tree Height metres Flower Autumn Colour Comments Malus Flowering Crabapple Winter Gold & other med size 10 - 12 6 - 9 W B Y Buds pink Malus floribunda Japanese Flowering Crabapple Plena, Hope, Makamik, Rudolph 8 - 10 6 - 9 W B Y Buds deep pink Parriottia persica Persian Ironwood 8 6 Pu R Y Prunus cerasifera Cherry Plum Thunder Cloud, Pissardi nigra 10 7 P R Prunus serrulata Japanese Flowering Cherry Kwanzan, Shirofugen, Ukon 10 - 12 6 - 8 P V R Foliage bronze Prunus subhirtella Flowering Cherry Autumnalis 8 - 10 6 - 8 P Autumn flowering Prunus subhirtella Flowering Cherry Whitcombi 10 - 12 3 - 8 P Needs good drainage Prunus yedoensis Yoshino Flowering Cherry Akebobo 10 - 12 5 - 8 P Needs good drainage Pyrus calleryana bradford Bradford Pear 8 - 10 5 - 8 W R Quercus coccinea Scarlet Oak 10 - 12 6 - 15 S Quercus palustris Pin Oak Crownright 10 - 12 6 - 20 S Variety avoids dropping branches Quercus phellos Willow Oak 10 - 12 15 - 25 Y Fine texture foliage Quercus robur English Oak Fastigiata 10 - 12 25 Y Quercus rubra Red Oak 12 - 15 18 - 25 R Quercus shumardii Sumard Oak 10 - 12 25 S Roots non- 33 Tree Type Common Name Variety Spacing metres Tree Height metres Flower Autumn Colour Comments Styrax japonica Snowdrop Tree 8 - 10 9 - 11 W R Y aggressive, unique flower Syringa reticulata Japanese Lilac Ivory Silk 8 8 W Y Large white lilac blooms Tilia cordata Littleleaf Linden Greenspire Rancho 10 - 12 6 - 15 Y Y Variety upright, flower fragrant Tilia euchlora Crimean Linden 10 - 12 8 - 15 Y Y Summer flower, fragrant Zelkova serrata Japanese Zelkova 10 - 12 15 - 18 Y A substitute for American Elm Native Trees for Boulevards Acer circinatum Vine Maple 8 5 - 8 Acer glabrum var Douglas Douglas Maple 10 8 - 10 Acer macrophyllum Bigleaf Maple 15 15 - 20 Large leaves Alnus rubra Red Alder 10 10 - 15 Fast growing Arbutus menziesii Pacific Arbutus 10 12 - 15 Only in well drained soils Betula papyrifera Paper Birch 10 12 - 15 Y Catkins Cornus X Eddiei >White Wonder= White Wonder Dogwood 8 - 10 8 - 10 W Alternative to native tree Quercus garryana Garry Oak 12 - 12 10 - 15 Roots non- aggressive, deep Rhamnus purshiana Cascara 8 - 10 10 Y Silver grey bark