CITY OF REVELSTOKE
BYLAW #1555
Being a Bylaw to Require the Provision of Works and Services upon Subdivision Approval or Issuance of a Building Permit
WHEREAS Section 989 of the Municipal Act R.S.B.C. 1979, c. 290 empowers City Council to require the provision of works and services as a condition of subdivision approval or issuance of a building permit.
NOW THEREFORE the Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled, enacts as follows:
1. TITLE
This Bylaw may be cited as "City of Revelstoke Works and Services Bylaw #1555, 1997".
2. LEGISLATION
2.1 In this Bylaw:
works and services means those highway, water, sewage disposal, storm drainage, streetlighting, sidewalk, underground utility, landscaping and other works and services set out in Schedule A of "City of Revelstoke Subdivision Control Bylaw, 1270, 1984 as amended (the "Subdivision Bylaw") all as constructed to the standards established in the Subdivision Bylaw and its Schedules.
2.2 The owner of land shall, to the extent that works and services have not been previously provided to current standards:
2.2.1 prior to the approval of a subdivision of land, provide works and services directly attributable to the development on that portion of a highway immediately adjacent to the site being subdivided, up to the centre line of the highway;
2.2.2 prior to the issuance of a building permit, provide works and services directly attributable to the development on that portion of a highway immediately adjacent to the site being developed, up to the centre line of the highway;
2.2.3 prior to the approval of a subdivision or the issuance of a building permit provide works and services upon the property for which a permit or subdivision is issued.
2.3 This Bylaw applies to all lands zoned commercial, multiple family of three or more dwelling units, mobile home districts, industrial, all developments built under a strata or bare lands strata basis.
2.4 The requirements of this Bylaw do not apply in the case of building permits issued for:
(a) one and two family dwellings and additions to such dwellings; or
(b) any construction valued at less than $50,000.00 provided that this exemption is not applicable when building permits authorizing construction exceeding $50,000.00 in value are issued for the same parcel of land in any 365 day period.
2.5 The requirements imposed by Section 2.2 shall be satisfied prior to the issuance of a building permit or subdivision notwithstanding that all or part of the works and services could have been required at the time of original subdivision of the land but were not then provided.
2.6 Notwithstanding Section 2.1 the works and services required pursuant to Section 2.2. shall exclude works and services covered by any development cost charge bylaw, provided that where the owner agrees to provide works and services covered by a development cost charge bylaw, the amount of the development cost charge shall be reduced accordingly.
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Bylaw #1555, 1997 Page 2
2. LEGISLATION (Con't)
2.7 All works and services required pursuant to Section 2.2. shall be constructed and installed at the expense of the owner of the land being subdivided or developed, unless the owner:
2.7.1 deposits with the City, cash, a certified cheque or letter of credit in the amount of the cost of constructing and installing the works and services, as estimated by the Superintendent of Public Works; and
2.7.2 enters into an agreement as provided for in Section 7(b) of the Subdivision Bylaw to construct and install the works and services by a specified date or forfeit the security.
3. THAT this Bylaw may be cited for all purposes as the "City of Revelstoke Works and Services Bylaw #1555, 1997".
4. THAT this Bylaw shall take effect upon the date of it's adoption by City Council.
READ A FIRST TIME THIS 27th DAY OF JANUARY, 1997
READ A SECOND TIME THIS 27th DAY OF JANUARY, 1997
READ A THIRD TIME THIS 27th DAY OF JANUARY, 1997
RECONSIDERED AND FINALLY ADOPTED THIS 10th DAY OF FEBRUARY, 1997.
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CLERK MAYOR
I hereby certify that the foregoing is a true and correct copy of the "City of Revelstoke Works and Services Bylaw #1555, 1997".
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CLERK
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