CITY OF REVELSTOKE
BYLAW No. 1846
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A bylaw to require and set standards and specifications for works and
services in connection with the subdivision and development of land
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TABLE OF CONTENTS:
The Municipal Council of the City of Revelstoke, in open meeting assembled, enacts as follows:
PART 1 – INTRODUCTION
1.0 Title
This bylaw may be cited as the "Subdivision, Development and Servicing Bylaw No. 1846".
2.0 Applicability
2.1 Lands in City of Revelstoke
This bylaw applies to all lands within the area incorporated as the City of Revelstoke.
2.2 Subdivision and Development Applicants
Parts 1, 2 and 7 of this bylaw apply to all Owners who make an Application for Subdivision Approval or an Application for Building Permit.
2.3 Works and Services Requirements
Parts 3 to 5 inclusive of this bylaw apply to all Owners who make an Application for Subdivision Approval or an Application for Building Permit unless the City determines that the proposed Subdivision or Development does not require Works or Services.
2.4 Excess or Extended Services and Latecomers
Part 6 of this bylaw applies to all Owners who are required to provide Excess or Extended Services, and Parts 1, 6 and 7 apply to all Latecomers who connect to or use Excess or Extended Services.
2.5 Works and Services
This bylaw applies to all Works and Services provided within the City from time to time.
3.0 Interpretation
3.1 Grammatical
The singular includes a reference to the plural, the masculine includes a reference to the feminine or body corporate or politic where the context requires, and a reference to the plural includes a reference to the singular, unless the context requires otherwise.
3.2 Enactments
Any enactment referred to in this bylaw is a reference to an enactment of British Columbia or Canada, as the case may be, and associated regulations, as amended, revised, consolidated or replaced from time to time, and any bylaw referred to in this bylaw is a reference to an enactment of the Council of the City of Revelstoke, as amended, revised, consolidated or replaced from time to time.
3.3 Headings
The headings given to the Parts, Sections and Paragraphs in this bylaw are for convenience of reference only. They do not form part of this bylaw and will not be used in the interpretation of this bylaw.
3.4 Severability
If any Part, Section, Paragraph or phrase of this bylaw is for any reason held to be invalid by the decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw.
3.5 Measurement
Any equivalent imperial units of measure shown, in parenthesis, after metric units in any Schedule to this bylaw are for information purposes only and do not form part of this bylaw.
3.6 Schedules
The Schedules attached to this bylaw form part of this bylaw.
3.7 Conflict
In the event of a conflict between the provisions of this bylaw and the Specifications and Standard Detail Drawings, the provisions of this bylaw will prevail.
4.0 Definitions
In this bylaw, unless the context otherwise requires:
"Approving Officer" means the person appointed by the City as the Approving Officer under the Land Title Act, and includes his or her lawful deputy.
"Benefiting Lands" means lands, other than lands that are the subject of the Owner’s Application for Subdivision or Application for Development, that are capable of being connected to or serviced by Excess or Extended Services.
"Building Bylaw" means the City of Revelstoke Building Bylaw No. 1707, 2003.
"Building Inspector" means the person appointed by the City as the Building Inspector under the Building Bylaw, and includes his or her lawful designate.
"Certificate of Acceptance" means a certificate issued by the City in accordance with Section 9.4 of this bylaw.
"Certificate of Substantial Performance" means a certificate issued by the Consulting Engineer in accordance with Section 8.4 of this bylaw, certifying that Substantial Performance of all of the Works and Services has been achieved.
"Certificate of Total Performance" means a certificate issued by the Consulting Engineer in accordance with Section 9.2 of this bylaw, certifying that Total Performance of all of the Works and Services has been achieved.
"City" means the City of Revelstoke.
"Construct" or "Construction" includes build, erect, install, repair, alter, add, enlarge, move, locate, re-locate, re-construct, upgrade, demolish, remove, excavate, or shore.
"Consulting Engineer" means a professional engineer, registered under the Engineers and Geoscientists Act, who is retained by the Owner pursuant to Section 8.1 of this bylaw.
"Contract Administrator", as that expression is used in the General Conditions, means Consulting Engineer or the person appointed by the Consulting Engineer to administer a contract to construct Works and Services.
"Contract Documents", as that expression is used in the General Conditions, means the contract documents between the Owner and its contractor in connection with the Construction of Works and Services.
"Contract Drawings", as that expression is used in the General Conditions, means Design Drawings.
"Day" means calendar day.
"Design Drawings" means the drawings identifying the Works and Services requirements of this bylaw as applied to a particular Subdivision or Development, prepared by the Owner and submitted to the City pursuant to Section 8.2.
"Develop" or "Development" means any Construction to which the Building Bylaw applies.
"Director of Engineering and Public Works" means the person appointed by the City as the Director of Engineering and Public Works, and includes his or her lawful deputies.
"Excavation Permit" means a permit issued by the City in connection with an application by an Owner to Construct Works and Services on, in or under a Highway or City lands, or to encroach upon a Highway or City lands in Constructing Works and Services on the Owner’s lands.
"Excess or Extended Services" means:
a) a portion of a Highway system that will provide access to Benefiting Lands; and
b) a portion of a water, sewage or drainage system that will serve Benefiting Lands.
"General Conditions" means GC 4.2 (Safety), GC 4.3 (Protection of Work, Property and Public), GC 4.4 (Temporary Structure and Facilities), GC 4.12 (Inspections), and GC 20 (Laws, Notices, Permits and Fees) contained in MMCD, and referred to in the Specifications and Standard Detail Drawings.
"Highway" includes a street, road, lane, bridge, viaduct, walkway and any other way open to public use, but does not include an easement on private property.
"Lane" means a highway more than 3 meters but not greater than 10 meters in width, intended to provide secondary access to parcels of land.
"Latecomer" means an Owner of Benefiting Lands who wishes to connect to or use Excess or Extended Services prior to the expiration of a Latecomer Agreement to which the Benefiting Lands are subject.
"Latecomer Agreement" means an agreement between the Owner and the City, in the form prescribed by the City, as referred to in Section 939 of the Local Government Act.
"Latecomer Charges" means those charges determined and imposed by the City in accordance with Section 10.2 of this bylaw.
“MMCD” means Volume II of the Master Municipal Construction Document published in 2000 by the Master Municipal Construction Documents Association.
"Maintenance Security" means:
a) a deposit in the form of cash or a certified cheque, or
b) an unconditional irrevocable standby letter of credit in a form satisfactory to the City, expiring no earlier than one year from the date of issuance and providing for automatic renewal , issued to the City by a branch of a chartered bank, credit union or trust company.
"Maintenance Period" means:
a) with respect to Works and Services that do not appear to be incomplete, defective or deficient at the time of Substantial Performance, the period of one year from the date on which all obligations of the Owner and its Consulting Engineer pursuant to Section 8.4, 8.5 and 8.6 have been performed;
b) with respect to Works and Services that appear to be incomplete, defective or deficient at the time of Substantial Performance, the period of one year from the date on which all obligations of the Owner and its Consulting Engineer pursuant to Section 9.2 have been performed; and
c) with respect to Works and Services that appear to be incomplete, defective or deficient during the period referred to in either (a) or (b) above, the period of one year from the date on which such Works and Services are completed or corrected in accordance with Section 9.3.
"Notice to Proceed with Construction" means a notice issued by the City in connection with an application by an Owner to Construct Works and Services on, in or under a Highway or City lands, or to encroach upon a Highway or City lands in constructing Works and Services on the Owner’s land.
"OCP" means the City of Revelstoke Official Community Plan Bylaw No. 1519, 1996.
"Owner" means the registered owner of an estate in fee simple, or his agent authorized in writing, and includes:
a) the tenant for life under a registered life estate;
b) the registered holder of the last registered agreement for sale.
"Owner/Consulting Engineering Confirmation" means a confirmation letter from the Owner and the Consulting Engineer, in the form prescribed by the City.
"Parcel" means any lot, block, or other area in which land is held or into which land is subdivided, but does not include a Highway.
"Performance Security" means cash; an unconditional irrevocable standby letter of credit, in a form satisfactory to the City, expiring no earlier than one year from the date of issuance and providing for automatic renewal, issued to the City by a branch of a chartered bank, credit union or trust company; or a bond issued by a surety with the City named as sole obligee, which bond and surety are acceptable to the City after review and advice from the City’s legal and insurance advisors as the City may require.
"Roadway" means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic.
"Service Application" means an application made by the Owner to connect to the City’s Works and Services, in the form prescribed by the City.
"Servicing Agreement" means an agreement between the Owner and the City made pursuant to Section 219 of the Land Title Act, in substantially the form attached as Schedule 2 to this bylaw, as referred to in Section 940(2) of the Local Government Act.
"Specifications and Standard Detail Drawings" means the specifications and standard detail drawings for Works and Services contained in MMCD, as amended or supplemented by City of Revelstoke Construction Standards attached as Schedule 5.
"Statutory Declaration" means the Owner’s sworn declaration that all amounts relating to the Works and Services due and owing to third parties as of the date on which the Statutory Declaration is given have been paid, including all amounts owing to contractors and sub-contractors, and all assessments and levies under social and labour legislation.
"Statutory Right-of-Way " means an agreement between the Owner and the City, in the form prescribed by the City, as referred to in Part 14 of the Land Title Act.
"Streets" include all roads, squares, thoroughfares and other public ways but do not include lanes or trails.
"Street, Arterial" means a street with a high design volume with a significant portion of its users having their origin and destination outside of the subdivision area.
"Street, Collector" means a street that carries traffic from local streets to arterial streets and includes the principal entrance streets for circulation of traffic within a subdivision.
"Street, Local" means a street designed to permit low speed travel within a neighbourhood and direct access to adjacent properties. There are two types of local streets differentiated by the density of the residential land uses on the adjacent properties – “Major” for multiple family and “Minor” for single family neighbourhoods.
"Street, Major Local" means a street designed to permit low speed travel with neighbourhoods consisting primarily of multiple family dwellings, and direct access to adjacent properties.
"Street, Minor Local" means a street designed to permit low speed travel within neighbourhoods consisting primarily of single dwellings, and direct access to adjacent properties.
"Subdivide" or "Subdivision" means:
a) the division of land into two or more Parcels whether by plan, apt descriptive words, or otherwise;
b) the consolidation of Parcels into one Parcel by plan; or
c) the creation of a Highway or a portion of a Highway by plan.
"Subdivision Approval" means the execution by the Approving Officer of a plan of Subdivision.
"Substantial Performance" means the stage of completion of all of the Works and Services when:
a) the Works and Services are ready to be used for their intended purpose, as certified by the Consulting Engineer; and
b) the total of the incomplete, defective and deficient Works and Services can be completed at a cost, as estimated by the Consulting Engineer and verified by the Director of Engineering and Public Works, of no more than 3% of the total cost of the Works and Services.
"Total Performance" means when all Works and Services, including all incomplete, defective or deficient Works and Services that were apparent when the Certificate of Substantial Performance was issued, but excluding all defective or deficient Works and Services that appeared during the Maintenance Period referred to in either (a) or (b) of that definition, have been completed or corrected, as certified by the Consulting Engineer and verified by the Director of Engineering and Public Works.
"Walkway" means a highway intended to carry pedestrian and non-motorized traffic.
"Works and Services" includes Highways, sidewalks, boulevards, boulevard crossings, street lighting, wiring, water distribution systems, fire hydrant systems, sewage collection and disposal systems, drainage collection and disposal systems and such other infrastructure or systems as may be provided within the City from time to time.
"Zone" means the zones identified and defined in the Zoning Bylaw.
"Zoning Bylaw" means City of Revelstoke Zoning Bylaw No. 1264.
PART 2 – SUBDIVISION AND DEVELOPMENT
5.0 Works and Services Requirements
5.1 Every person subdividing or developing land in the City must provide, on the land being subdivided or developed and on those portions of highway immediately adjacent to the land being subdivided or developed, the Works and Services indicated in Schedule 1 in accordance with the service levels indicated for the Official Community Plan (OCP) designation of the land being subdivided or developed. In the case of highway improvements, the highways within and abutting the land being subdivided or developed must be constructed to the standards set out in Schedule 4 in accordance with the classification of the highway.
5.2 Every Application for Subdivision Approval and every application for a building permit must include, in cases where this bylaw requires the provision of Works and Services:
(i) an Owner/Consulting Engineering Firm Confirmation, duly executed by the Owner and the Consulting Engineering Firm;
(ii) a Servicing Agreement, duly executed by the Owner in registerable form, or if the Works and Services have been constructed prior to the approval of the Subdivision or issuance of the building permit, a Certificate of Substantial Performance, a Maintenance Security, a Statutory Declaration and as-built drawings and discs, all as more particularly set out in Sections 8.4 and 8.5;
(iii) Design Drawings for the Works and Services, as referred to in Section 8.2;
(iv) a Construction schedule for the Works and Services;
(v) a Statutory Right of Way over any land other than dedicated highway on which the Works and Services are (or are to be) located, in a form required by the City, granted to the City in priority to all liens, charges and encumbrances, and executed in registerable form by the person who owns the land on which the Works and Services are (or are to be) located, all such charges to be obtained at the Owner’s risk and expense;
(vi) if part of the Works and Services are operated by a service provider other than the City, confirmation in writing from such service provider of the adequacy of the design and Construction of such Works and Services and of the connection of such Works and Services to the system operated by the service provider;
(vii) subdivision application fees and works and services administration and inspection fees established by Bylaw No. 1815;
(viii) and if the Works and Services include Excess or Extended Services:
a. Design Drawings for the Excess or Extended Services, as referred to in Paragraph 10.1(a);
b. an estimate from the Consulting Engineer of the cost of Excess or Extended Services as referred to in Paragraphs 10.1(b); and
c. subject to Section 10.2, a Latecomer Agreement executed by the Owner;
(ix) and if a Performance Security is being provided pursuant to Section 6.1:
a. an estimate from the Consulting Engineer of the costs of the Works and Services to be designed and Constructed by the Owner;
b. the Performance Security for the Works and Services, as more particularly set out in Section 6.1; and
c. with respect to any Works and Services that are to be designed and Constructed by the City, the payment referred to in Section 7.1(b).
5.3 The Approving Officer or Building Inspector, as the case may be, must not approve the Owner’s Application for Subdivision Approval until the requirements of Section 5.2 have been met.
PART 3 – SECURITY FOR WORKS AND SERVICES
6.0 Performance Security, Maintenance Security and Insurance
6.1 Performance Security
If the Owner wishes to submit an Application for Subdivision Approval or Application for Building Permit to the City before a Certificate of Substantial Performance has been issued in respect of the Works and Services required by this Bylaw in relation to the Subdivision or development, the Owner, in accordance with Paragraph 5.2 (ix), must provide the City with a Performance Security. The purpose of the security deposit is to ensure there are adequate funds available should the developer default on the works. The security would be used to complete the remaining work in conformance to the approved plans and the servicing agreement, and additional cost factors including but not limited to; any legal and administrative costs, environmental compliance issues, as well as inflationary cost increases related to material and labour. The Performance Security must be in the amount of 140% of the cost (130% of the cost if engineering design is complete), as estimated in writing by the Consulting Engineer and verified by the Director of Engineering and Public Works, of Constructing any Works and Services for which a Certificate of Substantial Completion has not been issued prior to the Owner making such an application. The City may release or draw upon the Performance Security, in whole or in part, on or at any time prior to Substantial Performance of the Works and Services, as more particularly described in the Servicing Agreement.
6.0 Performance Security, Maintenance Security and Insurance (Continued…)
6.2 Maintenance Security
Upon the issuance of the Certificate of Substantial Performance, the Owner who constructed the Works and Services must provide the City with a Maintenance Security equal to 5% of the cost of the Works and Services; or $1,000.00, whichever is greater.
The Maintenance Security may be withheld by the City from the balance of the Performance Security otherwise payable to the Owner. The City may draw upon the Maintenance Security, in whole or in part, at any time prior to the issuance of the Certificate of Acceptance, as more particularly described in the Servicing Agreement.
6.3 Insurance
The Owner must provide and maintain, at the Owner’s expense, at all times until the Certificate of Acceptance is issued, Comprehensive General Liability Insurance coverage, covering premises and operations liability, contingent liability with respect to the operations of contractors and sub-contractors, completed operations liability, contractual liability and automobile liability for owned, non-owned and hired units. The limits of liability must be not less than $2,000,000.00 for each occurrence for bodily injury, death and damage to property. The policy or policies must be with a company or companies, and on such terms, as are acceptable to the City. Each policy must provide that it cannot be cancelled, lapsed, or materially altered without at least thirty (30) days’ notice in writing to the City by registered mail, must name the City and its officials and
employees as an additional insured, and must contain a cross-liability clause. The insurance coverage required to be provided by the Owner may be embodied in a blanket insurance policy obtained by the Owner generally in connection with this Section 6.3. The Owner must deliver a copy of each insurance policy to the City prior to the commencement of Construction of the Works and Services. If the Owner fails to obtain and maintain the said insurance or deliver the said policy or policies to the City, the City may but will not be obliged to obtain and maintain such insurance at the expense of the Owner.
PART 4 – CITY TO PERFORM WORK
7.0 City to Perform Work
7.1 Design and Construction of Works and Services
The City may elect to design and Construct all or portions of the Works and Services (other than Excess or Extended Services) that are otherwise required to be designed and constructed by an Owner pursuant to this bylaw, in circumstances where the Works and Services are part of a larger project being planned by the City. In such an event:
a) the City will advise the Owner of the specific Works and Services that it has elected to design and construct;
b) the Owner must pay the City, in cash, 125% of the Owner’s proportionate share of the cost, as estimated by the Consulting Engineer and approved by the Director of Engineering and Public Works, of designing and constructing such Works and Services, not later than the date of approval of the Subdivision or issuance of the building permit; and
c) such Works and Services will be designed and constructed as and when required by the City, and the City shall return to the Owner any portion of the funds provided by the Owner that exceeds the Owner’s proportionate share of the actual cost of the Works and Services.
The City will in no way be acting as the Owner’s agent, employee, partner, subcontractor or contractor in designing or constructing such Works and Services.
7.2 Connection to City Works and Services
The City may elect to connect all or certain parts of the Works and Services to the City’s Works and Services. In such an event:
a) the City will advise the Owner of the specific Works and Services that it has elected to connect to the City’s Works and Services;
b) the Owner must pay the City, in cash, the cost, as estimated by the Director of Engineering and Public Works, of connecting such Works and Services; and
c) such Works and Services will be connected following confirmation that the provisions of Section 8.6 have been satisfied.
The City will in no way be acting as the Owner’s agent, employee, partner, subcontractor or contractor in connecting such Works and Services.
PART 5 – OWNER TO PERFORM WORK
8.0 Design and Construction Requirements
8.1 Consulting Engineer
The Owner, at its expense, shall retain a Consulting Engineering Firm to design, inspect, test and certify all Works and Services.
8.2 Drawing Approval
The Owner must not construct Works and Services without obtaining the prior approval of the Director of Engineering and Public Works of the Owner’s Design Drawings. The Owner shall submit Design Drawings to the City in the form and number required by the City for this purpose. In the event that Works and Services include Excess or Extended Services, the Owner must submit Design Drawings in accordance with the further requirements set out in Paragraph 10.1(a). The Consulting Engineer must submit with the drawings a completed "construction drawing checklist", in the form approved by the City. If the Director of Engineering and Public Works rejects the drawings, the Director must provide reasons for the rejection and advice as to the City’s requirements. The Owner may re-submit the Design Drawings for approval and the provisions of this Section 8.2 will apply to the resubmittal. Except as otherwise set out in this bylaw, Works and Services must be designed, at a minimum, to the design standards for Works and Services as set out in Schedules 1, 2, 3, 4, and 5, unless a change in the design is required for engineering reasons and such change has been approved in writing by the Director of Engineering and Public Works.
8.3 Construction Requirements
The Owner must at all times, until a Certificate of Acceptance is issued by the City, observe and perform the following:
a) Save and except as otherwise set out in this bylaw, Works and Services must be constructed, at a minimum,
(i) to the specifications set out in the City’s Specifications and Standard Detail Drawings unless a change in the Construction of Works and Services is required for engineering reasons and such change has been approved in writing by the Director of Engineering and Public Works,
(ii) in conformity with the quality control and assurance requirements for Works and Services as set out in Schedule 3, and
(iii) in accordance with the Owner’s Construction schedule for Works and Services, as referred to in the Servicing Agreement.
b) Location of Works and Services. All Works and Services must be constructed within a Highway, or an area over which the City will be granted a Statutory Right of Way.
c) Excavation Permits. The Owner must not Construct Works and Services on, in or under a Highway or any City lands, or encroach upon a Highway or any City lands during the course of Constructing Works and Services on the Owner’s lands, unless the Owner has obtained an Excavation Permit in the form approved by the City. The Owner must maintain the Highway or City lands, as the case may be, in a tidy condition and free from the accumulation of waste, debris and waste products and shall restore the Highway or City Lands, as the case may be, to the condition required by the Director of Engineering and Public Works.
d) Notice to Proceed with Construction. The Owner must not Construct Works and Services on, in or under a Highway or any City lands, or encroach upon a Highway or any City Lands during the course of Constructing Works and Services on the Owner’s lands, unless the Owner has been issued a "Notice to Proceed with Construction" in the form approved by the City.
e) Underground Utilities. Before commencing Construction of Works and Services, the Owner must locate all underground utilities and structures that might be affected by the Construction of Works and Services and must consult with all public and private utilities to locate any underground utilities of which they have records. The Owner must also locate any other utilities or underground structures that are reasonably apparent from an inspection of the area in which the Works and Services are to be constructed.
f) Survey Monuments. The Owner must ensure that the proposed Development of the lands and adjacent lands will be part of a coordinated survey area based on universal transverse Mercator coordinates, and the Owner accordingly must install all necessary geodetic control monuments in completing the Works and Services and any Development on the lands. The Owner must protect all survey monuments and markers, pins, and posts during the Construction of the Works and Services and must employ, at the Owner’s expense, a British Columbia Land Surveyor in good standing to replace any such monuments and markers, pins, and posts which may be moved, damaged, or destroyed during such construction.
g) Safety. The Owner must provide all necessary safety devices and supervision in relation to the Construction of the Works and Services so as to protect the public.
h) Essential Services. The Owner must provide and maintain the essential services of:
(i) actual and reasonable access to and from the lands being subdivided or developed, secured to the satisfaction of the City, suitable for use by fire and emergency vehicles and equipment at all times; and
(ii) a water supply system complete with operational fire hydrants for fire protection to each Parcel being created and to the lands being developed.
i) Traffic. The Owner must provide traffic signs, markers, barricades, and flag persons as required under the City’s traffic regulation bylaw to permit the safe flow of traffic through the Construction area with a minimum of disruption and nuisance to the public and adjacent land owners.
j) Watercourses. Unless otherwise permitted by the City, the Owner must use care to not disturb any of the natural watercourses in and around the lands, and must incorporate such protection and conservation methods as required by the City or by any enactments.
k) Access. The Owner must provide the City, its officers, employees and agents, at all reasonable times, with access to the lands being subdivided or developed and to the Works and Services. No person may prevent or obstruct, or attempt to prevent or obstruct, the entry of officials authorized under this paragraph upon any land.
l) Property Damage. The Owner must protect the Works and Services, underground utilities and structures and property owned by third parties (including municipal, provincial and federal property) from damage and make good any damage to such Works and Services, utilities and structures or third party property arising in connection with the Works and Services.
m) Compliance with Laws. The Owner must comply with all enactments, laws, statutes, regulations, and orders of any authority having jurisdiction, including bylaws of the City.
n) Licenses and Permits. The Owner must comply with and obtain all federal, provincial, municipal, and environmental licenses, permits, and approvals required under applicable enactments.
o) General Conditions. The Owner must observe and perform, and must ensure that its Consulting Engineer and contractor observe and perform, the obligations on the part of the Owner, Contract Administrator and Contractor, respectively, to observe and perform under the General Conditions.
p) Materials and Workmanship. The Owner must provide materials and workmanship in Constructing the Works and Services that are not defective or faulty, materials provided must be new, and products that are not specified by this bylaw must be of a quality best suited to their purpose and use, as approved by the Consulting Engineer.
q) Encumbrance. The Owner must ensure that Works and Services are kept free and clear of any and all liens, charges or encumbrances.
8.4 Substantial Performance
Upon Substantial Performance of all of the Works and Services, the Consulting Engineer must schedule a field inspection with the Director of Engineering and Public Works, and provide the City with the quality control test results as set out in the Specifications. Upon verification by the Director of Engineering and Public Works that Substantial Performance of all Works and Services has been achieved, the Owner must provide to City:
a) a Certificate of Substantial Performance prepared by the Consulting Engineer with respect to all Works and Services;
b) a Maintenance Security, as referred to in Section 6.2;
c) a Statutory Declaration; and
d) As-built drawings and disks as detailed in Section 8.5.
Following receipt of the foregoing the City will return the balance of the Performance Security to the Owner.
8.0 Design and Construction Requirements (Continued…)
8.5 As-Built Drawings and Disks
The Owner must provide to the City in accordance with Section 8.4 (d) as detailed, reproducible as-built drawings of the Works and Services, sealed by the Consulting Engineer and City compatible computer disks, as constructed as of the date of Substantial Performance.
8.6 Connections to and Use of City Systems
Subject to the City’s election to perform the work in accordance with Section 7.2, the Owner must connect the Works and Services to the City’s Works and Services; provided that the Owner must not connect the Works and Services to any of the City’s Works and Services or use the City’s Works and Services until:
a) the Approving Officer or Building Inspector, as the case may be, has approved the Owner’s Application for Subdivision Approval or Application for Building Permit;
b) the Owner has registered in the Kamloops Land Title Office all documents required by the City to be so registered;
c) the Owner, in his capacity as a Latecomer wishing to use or connect to Excess or Extended Services, if applicable, has complied with the provisions of Section 10.3 of this bylaw; and
d) the Owner has made a Service Application, paid any assessed charges and the Service is installed.
All Works and Services, save and except for Works and Services that are operated by a service provider other than the City, will be and remain at the sole risk of the Owner until connected to the City’s Works and Services, at which time the Works and Services will vest in and become the property of the City.
9.0 Maintenance Period, Total Performance and Acceptance
9.1 Routine Maintenance By City
Subject to the fulfillment of the obligations of the Owner and its Consulting Engineer pursuant to Section 8.4, 8.5 and 8.6, the City will be responsible, at its expense, for the ordinary and routine maintenance of the Works and Services; provided that if during a Maintenance Period the Works and Services cease to function for their intended purpose through no fault of the City, the City may on the Owner’s default apply the Maintenance Security to the cost of restoring such function and will not be responsible for such maintenance until a Certificate of Substantial Performance has been re-issued by the Consulting Engineer and the Maintenance Security restored in full.
9.2 Total Performance
The Owner, at its expense, must promptly complete, modify or reconstruct any incomplete, defective or deficient Works and Services that are identified on the date of the Certificate of Substantial Performance of the Works and Services. The Consulting Engineer must thereafter schedule a field inspection with the Director of Engineering and Public Works. Upon verification by the Director of Engineering and Public Works that Total Performance of all Works and Services has been achieved, the Owner must provide the City with:
a) a Certificate of Total Performance, prepared by the Consulting Engineer with respect to all Works and Services;
b) an Assurance of Professional Field Inspection in the form prescribed by the City;
9.0 Maintenance Period, Total Performance and Acceptance (Continued…)
9.2 Total Performance (Continued…)
c) confirmation in writing from a B.C. Land Surveyor that all survey pins have been installed on the Parcel;
d) any revisions to the detailed, reproducible and sealed as-built drawings of the Works and Services, and City compatible computer disks, as Constructed as of the date of Total Performance;
e) a Statutory Declaration; and
f) cash-in-lieu of construction for integrated survey monuments disturbed or
destroyed as a result of construction of the Works and Services.
9.3 Repair by Owner During Maintenance Period
The Owner must correct, repair or otherwise remedy any defects or deficiencies in the Works and Services that become apparent during a Maintenance Period within 15 calendar days’ notice from the City.
9.4 Acceptance by City
Upon the expiration of all Maintenance Periods, receipt from the Owner of a Statutory Declaration and verification by the Director of Engineering and Public Works that all information, documents, agreements, covenants and Fees required from the Owner and Consulting Engineer pursuant to this bylaw have been provided to the City, the City will:
a) provide the Owner with a Certificate of Acceptance of all Works and Services; and
b) release to the Owner the balance of the Maintenance Security.
PART 6 – EXCESS OR EXTENDED SERVICES AND LATECOMER CHARGES
10.0 Excess or Extended Services and Latecomer Charges
10.1 Information Requirements
If the City requires the Owner to provide Excess or Extended Services, the Owner, in addition to providing the information set out in Part 2 of this bylaw, and prior to Constructing any Works and Services, must provide to the City such information, documents and agreements as may be required by the Director of Engineering and Public Works, including without limitation:
a) Design Drawings for the Excess or Extended Services showing:
(i) the size and length of the Excess or Extended Services required by the City; and
(ii) the size and length of the Works and Services, prescribed by Part 2 of this Bylaw, that would be required to serve the Subdivision or Development if Excess or Extended Services were not required by the City;
b) the Consulting Engineer’s estimate of the Owner’s incremental costs in connection with any such Excess or Extended Services, verified by the Director of Engineering and Public Works. The Owner’s costs may include the following:
(i) the cost of the Owner’s interest in the land used for Excess or Extended Services if such interest was acquired by the Owner only for the specific purpose of providing Excess or Extended Services;
(ii) the cost of Constructing Works and Services based on the difference between the cost of the Excess or Extended Services referred to in Paragraph 10.1(a)(i) and the cost of the Works and Services referred to in Paragraph 10.1(a)(ii); and
(iii) the cost of designing and inspecting the Excess or Extended Services, to a maximum of 10% of the cost referred to in Paragraph 10.1(b)(ii),
and shall not include the Owner’s cost of connections or the Owner’s financing costs in connection with any such Excess or Extended Services.
10.2 Latecomer Agreements
If the City determines that all or part of the costs referred to in Paragraph 10.1(b) are excessive and should be paid by the Owner, the City will:
a) determine, by Council resolution:
(i) which lands are Benefiting Lands;
(ii) which part of the Excess or Extended Services would benefit each of the Benefiting Lands; and
(iii) the Latecomer Charges that will apply to each of the Benefiting Lands;
b) prepare a Latecomer Agreement for execution by the Owner, which will set out, inter alia, the matters referred to in Paragraph 10.2(a), specify the rate of interest to be charged on Latecomer Charges accruing from the Date of Substantial Performance of the Works and Services until the Latecomer Charges are paid; and fix the term of the Latecomer Agreement, which term shall not exceed 15 years;
c) notify the owners of Benefiting Lands of the Latecomer Charges and interest thereon that would be payable upon a Latecomer connecting to or using Excess or Extended Services prior to the expiration of a Latecomer Agreement to which the Benefit Lands are subject, by placing a notice in the Land Title Office in the prescribed form; and
d) collect and remit to the Owner or any person to whom the Owner has in writing authorized and directed the City to remit such charges, in accordance with the Latecomer Agreement, any Latecomer Charges collected by the City from a Latecomer.
10.3 Connection to and Use of Excess or Extended Services
A Latecomer must not connect to or use Excess or Extended Services until:
(a) the Owner has complied with the provisions of Section 8.4, 8.5 and 8.6 of this bylaw;
(b) in the event that an application to connect to the Excess or Extended Services is required by the City, the Latecomer’s connection application has been approved by the City; and
(c) the Latecomer has paid the Latecomer Charge and interest thereon.
10.0 Excess or Extended Services and Latecomer Charges (Continued…)
10.4 The rate of interest applicable to Latecomer Charges is prime +2%.
PART 7 – GENERAL
11.0 General
11.1 No Duty of Care
This bylaw does not create a duty of care on the City, Council members, the Approving Officer, the Building Inspector, the Director of Engineering and Public Works, or employees or agents of the City in respect of:
a) the issuance of the Preliminary Layout Review Letter;
b) the approval of an Application for Subdivision Approval;
c) the issuance of a building permit in connection with an Application for Building Permit;
d) the review of a layout and Subdivision plans;
e) the review of Works and Services specification requirements, design and Construction drawings, and supporting documents;
f) a verification of Substantial Performance of the Works and Services;
g) a verification of Total Performance of the Works and Services;
h) the issuance of a Certificate of Acceptance;
i) inspections made by the Building Inspector, site visits made by the Approving Officer or Director of Engineering and Public Works, or failure to make such inspections or site visits;
j) the approval of a Servicing Application;
k) the approval of an application to connect to Excess or Extended Services; or
l) the enforcement or failure to enforce the Local Government Act, Land Title Act, Building Bylaw, or the provisions of this bylaw. The Owner will not be entitled to rely upon the results of any investigations, inspections, field visits or other due diligence conducted by the City in connection with the Subdivision or Development of the lands.
11.2 No Warranty or Representation
a) A review, or failure to review, by the Director of Engineering and Public Works of Works and Services specification requirements, design and Construction drawings, and supporting documents is not intended to constitute a representation, warranty or statement that the design of the Works and Services complies with the design standards as set out in Schedule 4 of this Bylaw, or that the Construction of the Works and Services complies with the construction standards as set out in Schedule 5 of this Bylaw or the MMCD, and no person, including the Owner, will rely on such review or failure to review as establishing compliance with this bylaw.
b) A verification by the Director of Engineering and Public Works as to Substantial Performance or Total Performance of the Works and Services is not intended to constitute a representation, warranty or statement that the Construction of the Works and Services have reached Substantial Performance or Total Performance.
c) The issuance by the Director of Engineering and Public Works of a Certificate of Acceptance is not intended to constitute a representation, warranty or statement that the Construction of the Works and Services has reached Total Performance.
d) Site visits made by the Approving Officer, Director of Engineering and Public Works, Council members, or any other officer, employee or agent of the City, or the failure to make such site visits, are not intended to constitute a representation, warranty or statement that the Works and Services have been designed and Constructed in accordance with this bylaw.
11.3 Owner’s Responsibility for Works and Services
It is the responsibility of the Owner to design and Construct any Works and Services that are required by this bylaw to be designed and Constructed by the Owner, and to ensure that the Works and Services are inspected, tested and certified in accordance with this bylaw and other bylaws of the City, and none of the issuances, approvals, reviews, verifications or inspections referred to in Section 11.1 which are performed or failed to be performed by the City, including the Approving Officer, Director of Engineering and Public Works, Council members, or any other officer, employee or agent of the City, will relieve the Owner from this responsibility. Without limiting the generality of the foregoing, neither the review and approval of the Director of Engineering and Public Works of the Owner’s Design Drawings in connection with the Works and Services, the expiration of any or all Maintenance Periods, nor the issuance of a Certificate of Acceptance, will relieve the Owner, Consulting Engineer or Consulting Engineering Firm from any responsibility or liability for the faulty, defective or deficient design or Construction of the Works and Services, or for any breach of this bylaw or any agreement between the City and the Owner in connection with this bylaw, whether such responsibility or liability arises before or after the Director of Engineering and Public Works approval of the Owner’s Design Drawings or the City’s issuance of the Certificate of Acceptance.
11.4 Owner’s Cost
Notwithstanding anything else contained in this bylaw, all documents, agreements, covenants and information required from the Owner in connection with the Subdivision or Development of the Owner’s land, the registration of any documents requiring registration, and the performance of the Owner’s obligations under this bylaw, must be provided at the sole cost and expense of the Owner.
11.5 Offences and Penalties
a) Every person who violates a provision of this bylaw commits and offence and is liable on summary conviction to a penalty not exceeding ten thousand dollars ($10,000.00) and costs of prosecution.
b) The penalties imposed under this Section 11.5 supplement and are not a substitute for any other remedy to an infraction of this bylaw.
11.6 Repeal
City of Revelstoke Subdivision Bylaw No. 1270, 1984 as amended, is repealed.
City of Revelstoke Works and Servicing Bylaw #1555, 1997 is repealed.
READ A FIRST TIME THIS 23rd day of JULY, 2007.
READ A SECOND TIME THIS 23rd day of JULY, 2007.
READ A THIRD TIME THIS 23rd day of JULY, 2007.
ADOPTED BY CITY COUNCIL THIS 13th day of AUGUST, 2007.
_________________________________
Director of Corporate Administration
______________________
Mayor
Certified a true copy, this _____________ day of _____________, _______________.
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