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THE CITY OF TRAIL
SUBDIVISION REGULATION BYLAW NO. 1988, 1984
Comprising a consolidation of the Subdivision Regulation Bylaw No. 1988, 1984 and the
following amendments thereto:
Effective Date
Bylaw No. 2030
May 12, 1986
Bylaw No. 2148
April 25, 1990
Bylaw No. 2254
March 14, 1994
Bylaw No. 2297
July 24, 1995
Bylaw No. 2300
September 11, 1995
Bylaw No. 2363
April 7, 1997
Bylaw No. 2370
July 14, 1997
Bylaw No. 2386
March 9, 1998
Bylaw No. 2390
March 23, 1998
Bylaw No. 2462
June 26, 2000
Bylaw No. 2504
March 25, 2002
Bylaw No. 2541
May 26, 2003
Certified a true copy
of Bylaw No. 1988
as amended.
__________________
Clerk
Consolidated pursuant to Trail Council resolution adopted the 26th of January, 1998.
THE CITY OF TRAIL
BYLAW NO. 1988
A BYLAW TO REGULATE THE SUBDIVISION OF LAND WITHIN THE CITY OF
TRAIL
WHEREAS Council deems it expedient to regulate the subdivision of land within the
Municipality;
NOW THEREFORE, the Council of the City of Trail, duly assembled, ENACTS AS
FOLLOWS:
Citation
1.
This bylaw may be cited for all purposes as "The City of Trail Subdivision Regulation
Bylaw No. 1988 , 1984".
Interpretation
2.
In this bylaw, unless the context otherwise requires, the following words and expressions are
defined:
"Approving Officer" means the person appointed from time to time by the Council as
Approving Officer under the Land Titles Act.
"City" and "Municipality" both mean the City of Trail or the area within the municipal
boundaries thereof as the context may require.
"Contractor" means a person or persons who contracts with the Owner of a project for the
work thereon and includes an Owner who contracts with one or more persons for the
work on a project or undertakes the work on a project or any part thereof.
"Lane" means a public way not less that 6 m. (19.7 feet) nor more than 10 m. (32.8 feet)
wide.
"Manager" means the person appointed from time to time by the Council as City Manager.
"Major Street" means a street which, in addition to serving local needs, is, or is designated
to form part of the major or arterial street system of the Municipality wherein a
significant proportion of the traffic or travel along the same has both its origin and
destination outside of the subdivision area.
"Minor Street" means a street other than a "Major Street" and which is used primarily for
travel and access to and from the parcels contiguous thereto created in the subdivision.
"Owner" means any person registered in the books of any Land Titles Office as owner of the
land or of any charge on the land being subdivided, whether entitled thereto in his, her,
its, or their own right or in a representative capacity or otherwise.
"Parcel" means any lot, block or other area in which land is held or into which land is
subdivided.
"Public Works Manager" means the person appointed from time to time by Council as the
Public Works Manager.
"Street" means and includes all highways, roads, avenues, squares, thoroughfares, and any
other public ways, but not walkways, trails, lanes or bridges.
"Subdivision" means the division of land into two (2) or more parcels, by plan.
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Bylaw No. 1988
"Treasurer" means the person appointed from time to time by the Council as Treasurer.
"Walkway" means a public way not less than 3 m. (9.8 feet) nor more than 6 m. (19.7 feet)
wide.
"Zoning Bylaw" means the Zoning Bylaw of the Municipality in effect from time to time.
3.
Unless otherwise defined herein, any word or expression in this bylaw shall have the same
meaning as any similar word or expression contained in the Land Titles Act.
Authority
4.
No land shall be subdivided within the City unless a plan of the subdivision has been
submitted to and received the approval of the Approving Officer.
Approvals
5.
(1)
The Approving Officer shall not approve the subdivision of any parcel of land unless all
the relevant requirements of this bylaw and any other bylaw of the City have been
complied with.
(2)
Every applicant for approval of the subdivision hereunder shall pay an examination fee
as noted in Section 6 and 7 hereof with the application of such other fee as may from
time to time be prescribed by the Land Titles Act or the Municipal Act.
(3)
Sections 6 and 7 of this bylaw apply to applications for approval of bare land strata
plans under the Condominium Act.
Preliminary Approval
6.
(1)
The applicant may make an application for preliminary approval of the proposed
subdivision prior to a Land Surveyor marking the subdivision on the ground. This
application shall be accompanied by a sketch plan drawn to a scale of not less than
1"=100' (1:1250) showing the proposed subdivision with the estimated dimensions of
the several parcels, and of each street and walkway which the owner proposes to
create, and also showing the complete contour of the land, and an examination fee as
prescribed below:
Bylaw
(a) $100.00 when the subdivision creates not more than three (3) parcels;
#2390
(b) $500.00 when the subdivision creates more than three (3) parcels but not more
than ten (10) parcels;
(c) $1,000.00 when the subdivision creates more than ten (10) parcels;
(d) $500.00 for a phased strata development;
(e) sections (a), (b), and (c) apply to applications for bare land strata subdivisions.
(2)
The Approving Officer shall examine the preliminary application and shall advise the
applicant in writing that the subdivision proposal could be approved or that it could not
be approved.
(3)
Preliminary approval of any proposed subdivision shall not be construed as final
approval of such subdivision for the land registration purposes.
(4)
The City shall not be responsible or liable in any way whatsoever to any person, for any
loss occasioned or expenses incurred as a result of any person acting upon or pursuant
to the preliminary approval given by the Approving Officer.
(5)
Preliminary approval shall be effective for a period of three (3) months unless upon
application of the Owner the Approving Officer grants an extension.
(6)
As a condition of reviewing an application for preliminary approval of a proposed
subdivision of land, if prior to an application for final approval being submitted to the
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Bylaw No. 1988
Approving Officer, the City adopts a bylaw under Part 29 of the Municipal Act that is
applicable to the subdivision, the bylaw shall have full force and effect to that
subdivision.
Final Approval
7.
(1)
The final subdivision shall conform substantially to the approved preliminary plans but
the application for final approval need not necessarily cover the whole project in one
(1) application. If the subdivision project is submitted in sections, a separate
application may be made covering each section, and such applications may be made at
different times within the period prescribed in Section 6 (5) hereof.
Bylaw
All applications for final subdivision approval shall be accompanied by an
#2390
examination fee of Thirty Dollars ($30.00) per lot to be created by the subdivision.
(2)
Every application for subdivision approval shall be made in writing addressed to the
Approving Officer and shall be accompanied by the subdivision plans tendered for
approval, giving the correct legal description of the parcel being subdivided.
(3)
The application for subdivision approval may be made by the owner or his duly
authorized agent. The Approving Officer, before dealing with an application for
subdivision approval, made by a person other than the Owner, may require such other
person to produce satisfactory evidence that he is duly authorized by the Owner to
make such application.
(4)
Every applicant for approval of a subdivision hereunder shall furnish a certificate
declaring that all taxes which have been levied on the land to be subdivided have been
paid.
(5)
The plan or plans, including easement plans and agreements required for registration
purposes tendered with the application for approval shall be accompanied by an original
mylar, 2 duplicate transparencies and four (4) blue or white paper copies thereof, all of
which shall be retained by the Municipality and shall be subject to revision within three
(3) months approximately of construction approval.
(6)
If the subdivision is rejected the applicant for approval shall be so advised in writing by
the Approving Officer, and the reasons for rejecting the subdivision shall be given. If
subdivision plans were tendered with the application they shall be returned to the
applicant unsigned, less the four (4) paper copies as requested in Section 7 (5) above.
(7)
All taxes, water and sewer charges, and all other fees or charges owed to the City in
connection with the property being proposed for subdivision, must be paid in full prior
to final subdivision approval.
Powers of Approving Officer
8.
(1)
The Approving Officer may serve notice in writing of the proposed subdivision on any
owner or other person whose land or interest therein, in his opinion, might be
detrimentally affected by it, and may make such further enquiry into the effect of the
proposed subdivision upon adjoining or neighbouring lands as will establish to his
satisfaction the desirability or otherwise of the proposed subdivision.
(2)
In considering an application for subdivision approval, the Approving Officer shall
refuse to approve the subdivision if the location and bulk of any existing building or
structure in relation to any new parcels created interferes with the subdivision, or if for
any other reasons, the proposed subdivision would not comply with the relevant
provisions of the Building or Zoning Bylaws of the City or of this or any other bylaw or
bylaws of the City.
(3)
Where in the opinion of the Approving Officer unusual soil or drainage conditions exist
on part or all of the subdivision area he may require the applicant to furnish information
or to aid in the gathering of such information as will allow the determination of the
Page 4
Bylaw No. 1988
areas, shapes and orientations of parcels which will be adequate in view of the nature of
the ground and the anticipated use of the land.
(4)
Where a portion of a parcel is to be added to an existing adjoining parcel, and the
balance of such first mentioned parcel is thereby so reduced in size as to be less than
permissible under the Regulations and bylaws, such balance must be added to another
adjoining parcel.
Subdivision Design
9.
(1)
Every parcel in a subdivision must meet the following minimum lot area requirements
pursuant to the zoning applied to the parcel under the Zoning Bylaw:
For Parcels Zoned:
Minimum Lot Area
Single Family Residential Zone R1
5,996 sq. ft. (557 m2) with the
exception of:
- Lots in Hazardous Development
Permit Area #6 shall have a
minimum lot area of 10,000 sq.
ft. (929 m2);
- Lots that cannot be serviced by
the City sanitary sewer system
shall have a minimum lot area of
21,528.5 sq. ft. (2000 m2).
Single and Two Family Residential Zone R2
5,996 sq. ft. (557 m2)
Hillside Single Family Residential Zone R3
2,497 sq. ft. (232 m2)
Three and Four Family Residential Zone R4
For 3 and 4 family dwelling units the
minimum lot area shall be 2,497 sq.
ft. (232 m2) per unit.
Small Multiple Family Residential Zone R5
2,497 sq. ft. (232 m2)
Low Density Multiple Family Residential
For row houses and townhouses the
Zone R6
minimum lot area shall be 12,917 sq.
ft. (1200 m2), except in the case of
individual land ownership where the
minimum lot area shall be 2,562 sq.
ft. (238 m2).
Medium Density Multiple Family Residential
10,764 sq. ft. (1000 m2)
Zone R7
High Density Multiple Family Residential
21,578 sq. ft. (2000 m2)
Zone R8
Mobile Home Residential Zone R9
3,767 sq. ft. (350 m2), except that the
minimum lot area for a double wide
mobile home shall be 4,995 sq. ft.
(464 m2).
General Commercial Zone C1
2,497 sq. ft. (232 m2)
Major Neighbourhood Commercial Zone C2
2,497 sq. ft. (232 m2)
For Parcels Zoned:
Minimum Lot Area
Neighbourhood Commercial Zone C3
4,995 sq. ft. (464 m2)
Shopping Center Commercial Zone C4
4.9 acres (2 ha)
Page 5
Bylaw No. 1988
Highway Commercial Zone C5
4,995 sq. ft. (464 m2)
Special Highway Commercial Zone C6
2,497 sq. ft. (232 m2)
Service Commercial Zone C7
10,000 sq. ft. (929 m2)
Tourist Commercial Zone C8
1.24 acres (.5 ha)
Business Commercial Zone C9
4,995 sq. ft. (464 m2)
Business Enterprise Zone C10
21,528 sq. ft. (2000 m2)
Light Industrial Zone M1
21,528 sq. ft. (2000 m2)
Heavy Industrial Zone M2
43,057 sq. ft. (4000 m2)
Institutional Zone P1
4,995 sq. ft. (464 m2)
Rural Holding Zone A1
For single family dwelling or mobile
home the minimum lot area shall be
2.47 acres (1 ha.)
Rural Holding Zone A2
19.76 acres (8 ha.)
(2)
Every parcel in a subdivision must meet the following lot frontage requirements
pursuant to the zoning applied to the parcel under the Zoning Bylaw:
For Parcels Zoned:
Minimum Lot Frontage
Single Family Residential Zone R1
59 feet (18 m.), except where in the
bulb of a cul-de-sac the minimum
frontage shall be 32.8 feet (10 m.)
Single and Two Family Residential Zone R2
59 feet (18 m.), except where in the
bulb of a cul-de-sac the minimum
frontage shall be 32.8 feet (10 m.)
Hillside Single Family Residential Zone R3
24.9 feet (7.6 m.)
Three and Four Family Residential Zone R4
49.2 feet (15 m.)
Small Multiple Family Residential Zone R5
24.9 feet (7.6 m.)
Low Density Multiple Family Residential
49.2 feet (15 m.), except in the case
Zone R6
of individual ownership, the minimum
lot frontage for each dwelling unit
shall be 24.9 feet (7.6 m.)
Medium Density Multiple Family Residential
49.2 feet (15 m.)
Zone R7
High Density Multiple Family Residential
49.2 feet (15 m.)
Zone R8
For Parcels Zoned:
Minimum Lot Frontage
Mobile Home Residential Zone R9
39.4 feet (12 m.), except for double
wide mobile homes the minimum lot
frontage shall be 49.2 feet (15 m.)
General Commercial Zone C1
24.9 feet (7.6 m.)
Page 6
Bylaw No. 1988
Major Neighbourhood Commercial Zone C2
24.9 feet (7.6 m.)
Neighbourhood Commercial Zone C3
39.2 feet (15 m.)
Shopping Center Commercial Zone C4
328 feet (100 m.)
Highway Commercial Zone C5
49.2 feet (15 m.)
Special Highway Commercial Zone C6
24.9 feet (7.6 m.)
Service Commercial Zone C7
98.4 feet (30 m.)
Tourist Commercial Zone C8
65.5 feet (20 m.)
Business Commercial Zone C9
49.2 feet (15 m.)
Business Enterprise Zone C10
65.6 feet (20 m.)
Light Industrial Zone M1
65.6 feet (20 m.)
Heavy Industrial Zone M2
131 feet (40 m.)
Institutional Zone P1
49.2 feet (15 m.)
Rural Holding Zone A1
65.6 feet (20 m.)
Rural Holding Zone A2
65.6 feet (20 m.)
(3)
Every parcel in a subdivision shall abut on a street.
(4)
Where possible the side lines of parcels shall be at right angles to or radial to the line of
the abutting street.
(5)
Lots which have a frontage on more than one (1) street, lots triangular or irregular in
shape and lots less than ninety (90) feet or more than one hundred and fifty (150) feet
in depth, shall be avoided, if other suitable alternatives, in the opinion of the Approving
Officer, can be provided.
(6) If in the opinion of the Approving Officer the application for subdivision approval
indicates that there is reason to anticipate a further subdivision of the relevant lands, the
person tendering the subdivision for approval, at the request of the Approving Officer,
shall furnish a sketch plan showing the ultimate method of subdivision and showing
how the present intermediate step fits into such ultimate subdivision.
Street System
10. (1)
In examining the preliminary or final proposed plan of subdivision the Approving
Officer shall consider in the public interest the sufficiency and suitability of the
proposed street system and shall determine the adequacy thereof in relation to
anticipated traffic, not only within the area being subdivided but with due regard to the
street system already established in adjoining areas and to the general street pattern of
the foregoing, the principles and standards to be observed are as follows:
(a) Major streets are to be continued through the area being subdivided without jogs,
with a width as set out in Schedule "A" attached to and forming part of this bylaw.
The width may be reduced with the approval of the Approving Officer to suit
special site conditions for the particular major street involved.
(b) Minor streets shall be provided to a width as set out in Schedule "A" attached to
and forming part of this bylaw. The width may be reduced with the approval of
the Approving Officer to suit the requirements of the area being subdivided.
Page 7
Bylaw No. 1988
(c) Jogs in street alignment shall be avoided, unless the distance between centre lines
at the jog is 200 feet (60.9 m.) or more.
(d) Where bends occur in street alignment the Approving Officer may require that the
angle shall be replaced by a curve of suitable radius and shall be designated on the
construction drawings.
(e) Reversed curves in street alignment shall be separated by tangents if the Approving
Officer so directs.
(f) The gradient of major streets shall not exceed eight (8) percent and the gradient of
minor streets shall not exceed ten (10) percent except as intersections grades shall
be constructed to the satisfaction of the Approving Officer.
(g) As far as possible intersecting streets shall meet at right angles. No streets shall
intersect at an angle of less than seventy (70) degrees unless corner cut-offs are
provided.
(h) Cul-de-sac streets shall have an ample turn-around area at their closed end, with
proper facilities for street drainage. The length of any such cul-de-sac street shall
not exceed 600 feet (1829 m.) to the end of the turn-around.
Lane System
11. A lane system shall ordinarily be provided through each block in order that, as far as possible,
secondary access shall be afforded to every parcel. Where, however, the parcels in a block
designed for residential use are 10,000 square feet (929 m2) or more in size and driveway
accommodation can conveniently be provided for each parcel leading into an abutting minor
street, and in other cases where lanes are not necessary or advisable, the Approving Officer,
may, in his discretion, dispense with the requirement of any lane system in such block, but in
each case, the Approving Officer may require a 10 foot (3 m.) minimum width walkway.
12. At right angle bends in a lane, triangular corner cut-offs measuring not less than 10 feet (3
m.) each way from the corner, may be required by the Approving Officer.
13. Acute angled intersections of lanes with streets shall in general be avoided but due
consideration shall be given to the continuity of lanes from block to block, in order to
facilitate pole-lines and other utility construction.
14. All structures and obstructions of any kind encroaching upon the free and uninterrupted use
by the public of the full width and extent of all new streets, walkways and lanes shall be
removed therefrom before approval of any subdivision plan is granted, unless by prior
arrangements with the Municipality such are allowed to remain for a limited period of time,
not exceeding three (3) months.
Conditions of Approval
15. As a condition of approval by the Approving Officer, to the subdivision of a tract of land, the
Owner of the said land shall:
(a)
subject to the Municipal Act provide, without compensation, land for all highways and
easements required by the subdivision.
(b)
provide, without compensation, preliminary drawings, construction drawings, and "as
constructed" drawing in accordance with the standards set out in Schedule "A"
attached to and forming part of this bylaw.
(c)
remove all structures encroaching upon and obstructions located on any street, land,
easement, or walkway created by the subdivision. The Approving Officer may require
grading and shaping of some or all lots within the proposed subdivision.
(d)
make provision for the servicing of each lot created by the subdivision with sewer,
water, roads, drainage, underground wiring, curbing, sidewalks and ornamental street
Page 8
Bylaw No. 1988
lighting in accordance with the terms and conditions stipulated in the specifications and
standards set out in Schedule "A" attached to and forming part of this bylaw.
(e)
pay to the City, at such rates as may from time to time be established by Council for the
provision of sewer and water systems, or for the use of existing sanitary sewer mains,
storm sewer mains, water mains, or other utilities and services.
16. All works and services required to be constructed and installed at the expense of the owner
of the land proposed to be subdivided pursuant to the provisions of this bylaw shall be
constructed and installed to the standards prescribed by the Approving Officer prior to the
approval of the subdivision by the Approving Officer, unless:
(a)
the owner of the land deposits with the Municipality a bond in a form satisfactory to the
City Treasurer and for the amount satisfactory to the Approving Officer having regard
to the cost of installing and paying for all works and services required; and
(b)
the owner of the land enters into an agreement with the Municipality to construct and
install the prescribed works and services by a specified date or forfeit the amount
secured by the bond to the Municipality.
Inspection
17. (1)
All design, construction supervision and inspection of public utilities and municipal
works shall be undertaken by a member of the Association of Professional Engineers
and Geoscientists of British Columbia.
(2) The Owner of the land shall have all such work undertaken by a Professional Engineer
with expertise in municipal engineering.
(3) The Professional Engineer shall provide to the Approving Officer a letter of assurance
that he/she is responsible for the design of the subdivision and has been retained by the
Owner to provide sufficient resident supervision of the construction to enable he/she to
certify that the works have been constructed in accordance with the Subdivision
Regulation Bylaw standards and approved design, specifications and drawings and that
he/she will advise the City if he/she is removed from the project. This letter shall be
provided to the Approving Officer at the time the subdivision is tendered for
preliminary review.
(4) The Owner shall be required to deposit with the City a bond equal to 15% of the
estimated construction cost of the subdivision that shall be used by the City to provide
inspection services in default of the above. This subsection may be waived at the
discretion of the Approving Officer.
Engineering Standards
18. Notwithstanding Schedule "A" the City may, within the limits of recognized good
engineering practice and within the limits of the general intent of this bylaw amend, alter, or
update the specifications and standards of engineering design to be used in the City to meet
specific circumstances, special construction problems, or to provide for new and changing
types of construction materials and methods.
Utility and Public Works Construction
19. (1)
A sanitary sewage collection system and a water distribution system constructed to
meet standards and specifications set out in Schedule "A" attached to and forming part
of this bylaw, shall be provided to service each parcel to be created by the subdivision,
and to this end, in the case:
(a) Where a required sanitary sewer main, storm sewer main, or water main is to be
located within the confines of, or along an existing right-of-way bordering the
parcel of land proposed for subdivision, the Owner shall bear all costs involved in
providing same, however:
Page 9
Bylaw No. 1988
(i) If other property abutting the main is unsubdivided, the Owner will be
reimbursed 50% of the cost of the main if and when the abutting property is
subdivided and only for the number of lineal feet or metres abutting the main
and contained within the new subdivision.
(ii) If other property abutting the main is already subdivided, the Owner will be
reimbursed 50% of the cost of the line if and when the abutting property is
connected to the water, storm sewer, or sanitary sewer main.
Reimbursements will be made only for the number of lineal feet or metres of
main abutted by the property being serviced.
(iii) When the required sanitary sewer main, storm sewer main, or water main
exists on a dedicated right-of-way or registered easement bordering the
proposed subdivision, the Owner shall, subject to subsection (a) above, be
required to pay to the City a levy per lineal foot or metre for each abutting
frontage foot or metre as measured along the paralleling property line or lines
of the unsubdivided tract of land.
(b) Where the nearest boundary of the land proposed to be subdivided is 100 feet
(30.48 m.) or less in distance as measured along the property lines of construction,
from an established and sufficient sanitary sewer main, water main, storm sewer
main, pumping system and/or water storage facility, the Owner shall bear the
expense in extending and/or enlarging the main or mains, pumping system
capacities and providing sufficient water storage to the proposed subdivision and
to the extremities of the subdivision, including the actual connection between
mains.
(c) Where the nearest boundary of the proposed subdivision is greater than 100 feet
(30.40 m.) from an established and sufficient sanitary sewer main, water main,
storm sewer main, pumping station and/or water storage facility, the Owner shall
bear the cost of extending and/or enlarging the main or mains, pumping system
capacities and providing sufficient water storage to the subdivision, however, if
other property abutting the main is unserviced, the Owner will be reimbursed for
the cost of that portion of the main, if and when the abutting property is connected
to the water, sanitary sewer, or storm sewer main. Reimbursements will be made
only for the number of lineal feet or metres of main abutted by the property being
serviced.
(d) (i) Where the required sanitary sewer main, storm sewer main, or water main
exists on a dedicated right-of-way or registered easement within the proposed
subdivision, the Owner shall subject to Subsection (iii) above, be required to
pay the City a levy per lineal foot or metre for each abutting frontage foot or
metre as measured along the main or mains.
(ii) Where the required main or mains exist, either internal or external, and a local
improvement charge for the installation of any main has been levied on the
property proposed to be subdivided, no additional charge with respect to the
main or mains shall be made to the Owner.
(e) Notwithstanding section 9 (1), 9 (2) and 15 (d) and, subject to the requirements of
this section, the area shown outlined in bold on Schedule "B" attached to this
bylaw, may be subdivided without the provision of sanitary sewer services
connecting to the City sanitary sewer system. Subject to the requirements of this
section and with the approval of the Medical Health Officer, property so
subdivided may be served with an individual ground sewage disposal system.
(i) For this section the following definitions apply:
"Development site area" means a contiguous area of land that has an
average slope of not more than 20%, no portion of which is subject to soil
percolation rates in excess of 20 minutes after a contiguous four-hour full test
Page 10
Bylaw No. 1988
hole soaking, or less than 3.1 m. (10 feet) of natural coarse soil above
bedrock or other impervious layer.
"Medical Health Officer" means the Medical Health Officer appointed under
the Health Act thereto, who has jurisdiction over the area in which the
subdivision is located.
(ii) All parcels created by subdivision under this section shall have a developable
site area of not less than 0.5 acres (0.2025 hectares).
(iii) Where on-site sewage disposal systems are proposed, the requirements of this
bylaw, the Health Act, Pollution Control Act, Sewage Disposal Regulations
and Appendix B of the BC Regulations 262/70 and amendments thereto shall
be met.
(2)
A drainage collection system constructed to meet standards and specifications as set
out in Schedule "A" attached to and forming part of this bylaw, service the subdivision.
(3)
Where the City requires that a sanitary sewer main, drainage system, or water main be
of a size greater than that required by a good engineering practice for the subdivision in
question, the City shall assume and pay the costs of providing any additional capacity.
An Adequate Roadway System
(4)
(a) Every street, lane and walkway proposed to be created by land subdivision
including widening strips of existing streets within the proposed subdivision shall
be cleared, graded and graveled in accordance with the standards and
specifications established by the Approving Officer, at the expense of the Owner.
Furthermore, lanes shall be oiled and streets paved in accordance with the
standards and specifications. Where a dedicated road exists, the City may
construct the roadway within two (2) years of registration of the subdivision. The
developer may construct the required roadway in which case the City will assume
and pay the total prior approved cost of the work within one (1) year of
completion of the subdivision.
An Adequate System of Sidewalks and Curbs
(b) Every street proposed to be created by land subdivision including widening strips
of existing streets within the proposed subdivision shall have a system of sidewalks
and/or curbing in accordance with the standards and specifications as set out in
Schedule "A" attached to and forming part of this bylaw, at the expense of the
Owner.
(5)
A sewer and water and drainage system complete with service connections, to meet the
standards and specifications as set out in Schedule "A" attached to and forming part of
this bylaw shall be constructed at the Owner's expense, with these services to be
provided to every lot created by the subdivision. Where existing roads have been
constructed, the Approving Officer, at his sole discretion, may waive this requirement
in favour of the Municipality completing the required work at the Owner's expense.
When deemed expedient, transit bays will have to be provided at the Owner's expense
in such locations as determined by the City.
(6)
An underground wiring system for electrical power, telephone, ornamental lighting and
television cable shall be provided. These utilities shall be placed in accordance with
regulations established by the Approving Officer and the appropriate utility company
having jurisdiction, and where applicable at the Owner's expense.
(7)
An ornamental street lighting system in such areas as may be designated by City
Council. This work shall be undertaken in accordance with standards and specifications
established by the Approving Officer, at the Owner's expense.
Page 11
Bylaw No. 1988
(8)
A natural gas distribution system shall be arranged by the Owner with the utility
company concerned.
Dedication of Public Open Space
(9)
The owner of land being subdivided shall provide, without compensation, land for
public open space in accordance with the provisions of the Municipal Act.
Bonding
(10) The Owner or Contractor shall deposit with the City such sums of money, bonds, or
other securities as may be determined by the City Treasurer, such deposit to be held
until final completion and certification of the project. Without limiting the generality of
the foregoing section of this bylaw, the deposits shall be:
(a) Sanitary sewage and waterworks system - fifty percent (50%) Performance Bond
or cash deposit.
(b) Drainage System - fifty percent (50%) Performance Bond or cash deposit or
payment per acre of subdivided land. This rate shall be established by resolution of
Council. If the cost of the drainage system constructed and paid for by the Owner
is greater than this total amount, the City will pay to the Owner the approved
difference and return the initial deposit. If the cost of the system constructed and
paid for by the Owner is less than the deposited amount, the City will return only
the approved amount spent and keep the balance. The latter balance is not
refundable at any time. If payment is in the form of a contribution towards an
adjacent or future system then the full rate shall be paid without refund.
(c) Roads - fifty percent (50%) Performance Bond or cash deposit.
(d) Ornamental Street Lighting - fifty percent (50%) Performance Bond or cash
deposit.
(e) Sidewalks/curbing - fifty percent (50%) Performance Bond or cash deposit.
(f) Other items - cash deposit as determined by the City Manager to cover the
estimated cost of: inspections, tests, studies, construction maintenance,
connections to existing utilities and other similar items.
(g) City construction - at the request of the Owner, the City may undertake to
complete the work required by subsection (c), (d), and (e) at its earliest
convenience. A cash payment equal to the City's estimate of completing the work
shall be deposited with the City Treasurer.
(h) Off-site services as required in Section 19 (1) (b) and (c) - fifty percent (50%)
Performance Bond or cash deposit.
Insurance
(11) Before the work is commenced, the Contractor shall, at his expense, obtain and
produce to the City Manager a satisfactory insurance policy. Such insurance shall
enure for the joint benefit of the City and the Contractor against any liability which may
arise out of the construction or installation of the work to be carried out under the
contract. The policy shall have no exclusions for blasting and must contain a
"completed operations" clause. The Contractor shall provide to the City from time to
time, as may be required, satisfactory proof that such policies are still in force and
effect, until the end of the maintenance period. Such insurance shall carry the following
limits of liability.
-
Public Liability:
-
$1,000,000.00 for loss or damage resulting from bodily injury
to or death of any one person.
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Bylaw No. 1988
-
$1,000,000.00 for loss or damage resulting from bodily injury
to or death of two or more persons arising from the same
accident.
-
Property Damage:
-
$1,000,000.00 for damage to property arising from any one
accident.
-
Contingent Liability:
-
To the same limits as established to cover the Contractor's
direct liability.
-
Fires:
-
All buildings, and structures in connection therewith and all
materials which may be stored at the site of the work, whether
or not such materials shall have been supplied by others, to be
insured against loss by fire to an amount equal to the contract
price less the cost of excavation and foundations below the
undersurface to the lowest floor, with the date of their
occupancy by the City.
Sequence of Installation of Services
(12) Unless permission to deviate from the following order has been received from the
Approving Officer, the sequence of installation shall be as follows:
(a) Clearing and rough grading of right-of-way.
(b) Installation of water mains where applicable. This shall include service line to each
lot.
(c) Installation of sewer lines where applicable. This shall include service line to each
lot.
(d) Installation of storm drains where applicable. This may include service line to each
lot.
(e) Installation of gas mains where applicable. This shall include service line to each
lot.
(f) Installation of underground wiring. This shall include service line to each lot.
(g) Laying of road or lane base material.
(h) Laying of sidewalks and/or curbs.
(i) Installation of street lighting.
(j) Laying of pavement.
During installation and construction, the subdivider, contractor, or consultant engineer
shall call for periodic City inspections of the work. The subdivision services will in no
case be accepted by the City until all services have been completed in accordance to the
plans, specifications and standards prepared by the Owner's consultant engineer in
accordance with this bylaw.
Maintenance of Works
(13) During the construction period and until the City has issued the "Notice of Acceptance"
the Contractor shall, unless specifically stated otherwise, be solely responsible for the
maintenance of the works including materials and equipment incorporated into the
works or otherwise, and any part of the works constructed by himself or any existing
utility, piping, structures, travelled or untravelled surfaces, and other existing properties
other than his own which are affected in any by his work.
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Bylaw No. 1988
The Contractor shall, in addition, be responsible for maintenance of the works as may
be detailed in the respective sections of the specifications established by this bylaw.
Maintenance Period
(14) The Contractor shall maintain all repaved surfaces, main pipes, service pipes, pipe
specials, structures, and equipment provided and/or installed under the contract for a
period of one (1) year following the date of issuance of the "Notice of Acceptance" by
the City.
He shall replace materials and rectify any defects or failures, including those resulting
from settlement, that occurred during the maintenance period.
Any repair or replacement required in accordance with the above stipulated
maintenance shall be carried out by the Contractor of his appointed representative
without delay on the request by the City. In the event that repair or replacement must
be carried out immediately to prevent serious damage or loss, the City, in the absence
of the Contractor, may at its own discretion take whatever action is necessary to
prevent such damage or loss. This action taken by the City shall in no way relieve the
Contractor from his contractual responsibilities.
The Contractor shall carry out all repair and replacement to the satisfaction of the City
Manager and in accordance with the specifications of the contract. The Contractor
may, at the discretion of the City Manager, be required to perform tests of repairs or
replacements as specified for the original work.
All costs resulting from the necessity to do work required under the maintenance
whether it be done by the City, the Contractor, or his representative, shall be borne by
the Contractor.
The Contractor shall make good to the City all expenses, losses, or damages incurred
during the maintenance period, in consequence of any defect, omission, or mistake of
the Contractor. The value of such expenses, losses or damages shall be determined by
the City Manager.
Unless it is specifically stated otherwise herein, the satisfactory completion or
functioning of the installation during the one (1) year maintenance period shall suffice
to provide evidence of fulfillment by the Contractor of his obligations under a contract.
If the City observes through the operation or it is discovered by tests or inspection of
the works prior to the end of the one (1) year maintenance period that a deficiency or
defect exists in the materials or workmanship of the installation in respect to this
specific works, the Contractor shall rectify such deficiencies or defects immediately
upon the request by the City.
Unless otherwise specified herein any testing done after the issuance of the "Notice of
Acceptance", unless done on actual repairs or replacement work, shall be at the
expense of the City. When testing is required on repair or replacement work the cost
shall be borne by the Contractor.
The term "maintenance" as used herein does not include system operation or
rectification of failures or problems arising out of system operation or rectification of
normal operational wear and tear. Maintenance on equipment supplied to the
Contractor by the City for installation in the works attributable to improper installation
is included.
Notice of Acceptance
(15) Upon receipt of written notice from the consulting engineer that the work is completed
and ready for acceptance the City Manager shall make a final inspection, and when he
finds the work acceptable, he shall issue a "Notice of Acceptance". This notice shall be
given only after the completion of the following items:
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Bylaw No. 1988
(a) The depositing with the City of one (1) year Maintenance Bond equal to ten
percent (10%) of the total contract cost.
(b) The receipt of a letter from the consultant engineer stating that all work is
acceptable under the terms of the contract and that the contract has been fully
performed.
(c) The receipt of completed reproductible "as constructed" drawings and service
cards of all work performed. The City shall supply sufficient service cards to be
accurately completed by the consulting engineer.
(d) The replacement of all damaged or missing survey pins and posts per the legal
survey plan.
(e) The receipt of a complete tender form document from the original contract,
complete with a statement from the consultant engineer indicating a comprehensive
breakdown of the final cost of the work.
(f) Every Owner and/or Developer of a subdivision shall advise each lot purchaser
that the City will not issue an Occupancy Permit, under conditions of the City
Building Bylaw, until this "Notice of Acceptance" has been issued. A conditional
"Notice of Acceptance" may be granted permitting the hot-mix asphalt paving,
sidewalks and/or curbs are to be completed within one (1) year. It shall be the
intent of this clause to ensure that:
all services are tested and marked
all boulevards are trimmed, and
all roads are completed to crushed gravel and oiled condition prior
to the occupancy of any newly constructed home.
Latecomer Payments
(16) Pursuant to section 939 (8) of the Municipal Act, interest calculated annually on a
charge imposed for the connection to or use of excess or extended services pursuant to
section 939 (5) of the Municipal Act, shall be prime less 3%.
Integrated Survey Area
(17) Where the City requires that a sanitary sewage collection system, a water distribution
system, storm sewer collection system, or street lighting system be installed, all mains,
valves, catchbasins, manholes and street light standards shall be referenced on the as-
built drawings to the survey control established under Integrated Survey Area No. 84.
Steps for Final Approval
20. The following is a list of the steps to be followed by a Subdivider (Owner) wishing to obtain
"final approval" to the subdivision of land:
(a)
Receipt of tentative or preliminary approval under Section 6 of this bylaw.
(b)
Legal survey posting on the ground and preparation of the legal survey plan of
subdivision and easements by a registered British Columbia Land Surveyor.
(c)
The preparation of preliminary "construction drawings" as described in the standards
and specifications set in Schedule "A" attached to and forming part of this bylaw.
These plans must show approximate road grades, drainage patterns; utility service main
locations; sidewalk and curb grades; cut and fill sections, and existing ground water
table. All plans must bear the seal of a Professional Engineer registered to practice in
the Province of British Columbia, and must include topography as directed by the
Approving Officer.
(d)
Submission of the preliminary construction drawings to the Approving Officer for
approval. These drawings must be approved by the Approving Officer prior to
completion of the final plans and specifications.
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Bylaw No. 1988
(e)
Subject to Section 21, the Owner shall deposit with the City Treasurer such securities
as indicated in Section 19 (10).
(f)
Subject to Section 21, the Approving Officer may affix his signature to the legal survey
plan of subdivision, including easement plans and agreements, as required under the
Land Titles Act, and the Owner may then forward these plans to the Land Title Office
for registration.
(g)
The preparation of final engineering construction drawings as described in the standards
and specifications set out in Schedule "A" attached to and forming part of this bylaw.
These construction drawings must have the seal of a Professional Engineer registered to
practice in the Province of British Columbia. These drawings are to be submitted to
and approved by the Approving Officer prior to any construction.
(h)
After construction of all services has been completed to the satisfaction of the
Approving Officer, the subdivider shall ensure that all items contained in Section 19
(15) have been completed.
21. The Approving Officer is hereby empowered to omit one (1) or more of the steps listed in
Section 20 provided however that where approval has been granted to omit Section 20 (e),
thereby foregoing the deposit noted therein, then final approval of the legal plan of
subdivision will be withheld by the Approving Officer until all construction is hereby
completed and until the requirements of Section 20 (h) have been met.
Appeal
22. Any person who is aggrieved by a decision of any official charged with the enforcement of
this bylaw may appeal to the City Council by filing their appeal in writing with the City Clerk.
However, the Council shall not have the authority to abridge the statutory responsibility of an
official and shall not hear an appeal where it is shown that the decision of the official is
consistent with good engineering practices. The decision of the Council shall be final and
binding.
Authorization To Enter
23. The Approving Officer, City Works Public Works Manager, and their respective assistants,
and such other persons as the Municipal Council of the City may authorize, may enter at all
reasonable times upon the lands for which application to subdivide has been made in order to
ascertain whether the provisions of this bylaw are being obeyed.
24. No person shall obstruct or seek to obstruct the entrance into any place of any person acting
pursuant to Section 23 of this bylaw.
Penalty
25. Every person who violates or who causes or allows to be violated any of the provisions of
this bylaw shall be guilty of an offence against this bylaw; and each day on which such
violation occurs or is caused or allowed to continue shall constitute a separate offence.
26. Every person guilty of an offence against this bylaw shall be liable on Summary Conviction to
a penalty not exceeding five hundred dollars ($500.00) for each offence.
Repeal
27. The City of Trail Subdivision Control Bylaw 1974, No. 1693 and amendments thereto are
hereby repealed.
READ the FIRST, SECOND and THIRD time the 17th day of December , 1984.
RECONSIDERED and FINALLY ADOPTED the 14th day of January , 1985.
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Bylaw No. 1988
Charles Lakes
Ken Wiesner
_______________________________________
__________________________________
MAYOR
CLERK
I hereby certify this
to be a true copy of
Bylaw No. 1988 .
______________________
CLERK