Town bylaw 996: Bylaw No. 996, 2021, Town of Princeton Subdivision and Development Servicing

Town of Princeton Subdivision and Development Servicing Bylaw No. 996, 2021.

BYLAW NO. 996, 2021 A BYLAW TO REGULATE SERVICING OF

SUBDIVISIONS AND DEVELOPMENTS

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Table of Contents

1.0 Title ................................ ................................ ................................ ...................... 3

2.0 Definitions ................................ ................................ ................................ ............. 3

3.0 Works and Services Requirements for Subdivisions and Developments ............... 5

4.0 Subdivision or Development Abutting an Existing Road ................................ ........ 6

5.0 Service Upgrades ................................ ................................ ................................ . 6

6.0 Standards and Specifications ................................ ................................ ............... 6

7.0 Excess or Extended Services ................................ ................................ ............... 7

8.0 Maintenance Security ................................ ................................ ........................... 7

9.0 Development Agreement ................................ ................................ ...................... 7

10.0 No Work Prior to Design Approval or Building Permit Issuance ............................ 8

11.0 Inspection Fee ................................ ................................ ................................ ...... 8

12.0 Subdivision and Development Fees ................................ ................................ ...... 8

13.0 Violation ................................ ................................ ................................ ................ 9

14.0 Offence ................................ ................................ ................................ ................. 9

15.0 Penalty ................................ ................................ ................................ ................. 9

16.0 Schedules ................................ ................................ ................................ ............. 9

17.0 Repeal ................................ ................................ ................................ ................ 10

SCHEDULE A SERVICE LEVEL AREAS ................................ ................................ ...... 11

SCHEDULE B ROADWAYS AND WALKWAYS ................................ ............................ 12

SCHEDULE C WATER SYSTEMS ................................ ................................ ............... 13

SCHEDULE D SANITARY SEWERS ................................ ................................ ............ 14

SCHEDULE E STORMWATER MANAGEMENT SYSTEMS ................................ ......... 15

SCHEDULE F LIGHTING ................................ ................................ .............................. 16

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TOWN OF PRINCETON

BYLAW NO. 996, 2021

A BYLAW TO REGULATE SERVICING OF SUBDIVISIONS AND DEVELOPMENTS

The Town may, under section 506 of the Local Government Act, regulate and require the provision of works and services in respect of the s ubdivision of land, an d require as a condition of the approval of a building permit or a subdivision that the owner of the land provide works and services on the land being developed or subdivided and on the adjacent highway, all in accordance with the wor ks and services standa rds established in the bylaw;

The Town may, under section 507 of the Local Government Act, require that the owner of land that is to be subdiv ided or developed provide excess or extended services as defined in that section;

The Council of the Town of Princeton deems it expedient and necessary to regulate and require the provision of works and services to standards prescribed in a bylaw;

The C ouncil of the Corporation of the Town of Princeton in open meeting assembled

ENACTS AS FOLLOWS:

1.0 Title

This byla w may be cited for all purposes as “Town of Princeton Subdivision and Development Servicing Bylaw No. 996, 2021”.

2.0 Definitions

In this bylaw: “APPROVING OFFICER” means a person appointed by Council as approving officer under Section 77 of the Land Titles Act;

“BUILDING INSPECTOR” means a person designated by Council as the building inspector for the Town.

“COMMUNITY SANITARY SEWER SYSTEM ” means a system owned, operate d and maintained by the Town for the collection, treatment and disposal of sanitary sewage;

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“COMMUNITY WATER SYSTEM ” means a system of waterworks which is owned, operated and maintained by the Municipality, or an Improvement Dis trict under the Water Act;

“DEVELOPER” means the owner or agent of the owner of land in respect of which a subdivision or development application has been submitted to the Town.

“DEVELOPMENT AGREEMENT ” means an agreement between the Town and a Developer that sets out servicing requirements, construction completion dates, fees, and security as set out in the Town ’s Fe es and Charges Bylaw to be provided by the Developer.

“Fees and Charges Bylaw ” means the Town of Princeton Fees and Charges Bylaw 979, 2020; “HIGHWAY” means a street, road, lane, or any other way open to public use.

“INSPECTION FEE” means a charge of 3% of the construction co st as set out in the Town’s Fees and Charges Bylaw, of works and services to be owned and maintained by the Town. The inspection fee enables the Town to recover costs for its employees or its consultants to undertake inspections of works and services installed by a Developer.

“MUNICIPALITY OR TOWN” means the Corporation of the Town of Princeton or the geographic area within its boundaries as the context requires.

“PROFESSIONAL ENGINEER” means a person who is registered or duly licens ed as such under the provisions of the Engineers and Geoscientists Act of British Columbia.

“PUBLIC WORKS SUPERIN TENDENT” means the Town’s Works Superintendent or other persons appointed by Council to perform the duties of the Public Works Superintendent as required under this Bylaw.

“SECURITY” means cash or a clean, uncond itional, irrevocable, and automatically renewing letter of credit drawn on a chartered bank or credit union having a branch in the Regional District of Okanagan Similkameen or in the Ce ntral Okanagan Regional District at which demand may be made on the letter of credit.

“TOWN ENGINEER” means the En gineer of the Town of Princeton appointed by the council or such other persons as may, from time to time, be duly authorized to act in his stead by the Council.

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“WORKS AND SERVICES” means any public service, facility or utility which is required or regulated by this Bylaw and without restricting the generality of the foregoing includes: the supply and distribution of water; collection and disp osal of sanitary sewage and drainage water; street lighting; highwa ys, access roadways, curbs, gutters, and sidewalks; and natural gas, power, telephone and cablevision services.

3.0 Works and Services Requirements for Subdivisions and

Developments

Except as provided herein, works and services requirements for a subdivisio n or a development are:

(1) roads and lanes includin g curb, gutter, sidewalks, walkways, boulevard trees, traffic signs, and street lighting. (2) water distribution system connected to a community s ystem including, without limitation, mains, fire hydrants, valves and service connections. (3) sewage collection syste m connected to the Town’s sanitary sewer system including, without limitation, gravity mains, manholes, service connections, inspection chambers, lift stations, and forcemains. (4) stormwater management syste ms inclu ding, without limitation, catch basins, manholes, storm sewers, drywells, swales, ditches, and stormwater retention and detention facilities. (5) underground works for electrical, telecommunication and natural gas services.

As it relates to works and service requirements, the following exemptions apply:

(1) within the area indicated as Service Level 2 in Schedule A, curb, gutter, sidewalks, and boulevard trees may not be required. (2) within the ar ea indicated as Service Level 2 in Schedule A, electrical and telecommunication utilities may be installed on and from overhead utility poles. (3) where a subdivision comprises no more than 3 additional single family residential lots and where no curb and gutter is in place within 100 metres of the subdivision on the street side fronting the subdivision, curb, gutter and sid ewalk is not required. In this instance, an additional pavement width of 1.2m fronting the subdivision is required to serve as a walkway.

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4.0 Subdivision or Development Abutting an Existing Road

In accordance with Section 506(8) of the Local Government Act, a condition of approval of a subdivision or a condition of a building permit for a development abutting an existing road requires the Developer to provide works and services in accordance with this bylaw up to the centreline of the Highway. At the discreti on of the Approving Officer, the Developer may be required to pay the Town the estimated cost of the required works as described herein to be held by the Town in a reserve account for construction at a future date.

5.0 Service Upgrades

If works and services of the type described in Section 3.0 are already in existence on or in a highway, lane, or right-of-way adjacent to a parcel being subdivid ed or on which a building is proposed to be constructed, and the works and services do not comply with the standards specified in Section 6.0, the Developer must alter the works and services so that they comply with the standards, and all other provisions of this bylaw. All requirements for servicing agreement s and security a s set out in this bylaw and the Town’s Fees and Charges Bylaw shall apply for service upgrades.

6.0 Standards and Specifications

Works and services required by this bylaw must:

(1) be designed in accordance with sound engineering principles; (2) where installed by a Developer, be desig ned by a professional engineer licensed to practice in the Province of British Columbia; (3) extend through or along the full frontage of a parcel being subdivided or b uilt upon under a building permit, in order to facilitate service to parcels or buildings beyond; (4) meet the re quirements set out in Schedule A through Schedu le H of this bylaw, except to the extent that such standards may have been varied by development variance permit; and (5) comply with the Town’s Subdivision and Development Servicing Standards.

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7.0 Excess or Extended Services

The Town may:

(1) require the Developer to provide an off-site utilities impact analysis; (2) require a Developer t o construct excess or extend ed services as defined in

section 507 of the Local Government Act;

(3) determine whether the cost to the Town to provide the excess or extended services would be excessive and, in that event, require the cost to be paid by the Developer; (4) determine the benefit of the excess or extended service that may be attributed to each of the parcels of land that will be served by the services; and (5) impose latecomer charges under section 508 of the Act.

8.0 Maintenance Security

On construction completion and prior to subdivision or development final approval:

(1) Maintenance security shall be provided to the Town in the amount of 5% as set out in the Town’s Fees and Charges Bylaw of the constructed costs of works and services to b e owned and operated by the Town including but not specifically limited to roads, water, sanitary sewer, stormwater management and street lighting.

(2) Maintenance security will be retained by the Town for a period of 1 year from the date of final completion as certified by the Developer’s engineer.

(3) The amount of maintenance security shall not be less than $2,000.

9.0 Development Agreement

All works and services to comply with the requirements of this bylaw shall be constructed by the Developer before the Approving Officer approves the subdivision or the Buildi ng Inspector issues final inspection certification. Alternatively, a Developer may enter into a Development Agreement with the Town. The development agreement requires:

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(1) provision of S ecurity in the amount of 125% of the estimated costs of the required works and services as d etermined by the Developer’s engineer and as approved by the Town;

(2) a specified completion date after which the Town may utilize the secu rity to complete any uncompleted works and services;

(3) maintenance security in accordance with item 8.0.

The form of a development agreement is contained in Schedule A of the Town’s Subdivision and Development Services Standards manual.

10.0 No Work Prior to Design Approval or Building Permit Issuance

No person shall commence construction of any works or s ervices required or r egulated by this bylaw, whether on private property or on public road, without first; for a subdivision, receiving approval of design dr awings and written a uthorization to proceed from the Town, or for a development, receiving a building permit.

11.0 Inspection Fee

An inspection fee for a subdivision is payable on issuance by the Town of design approval or for a development, on issuance of a building permit. The inspection fee as set out in the Town’s Fees and Charges Bylaw:

(1) is ca lculated as 3% of the estimated costs of works and services that will be owned, operated, and maintained by the Town. (2) the cost estimate for works and services on which the fee is based will be prepared by the Developer’s engineer and approved by the Town.

12.0 Subdivision and Development Fees

Subdivision and Development Fees for application , inspection, security and deposit are set out in the Town’s Fees and Charges Bylaw.

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13.0 Violation

Every person is considered to have committed an offence who:

(1) violates any of the provisions of the Bylaw; (2) causes or permits any act or thing to be done in contravention of any of the provisions of this Bylaw; (3) neglects or omits to do anything required under this Bylaw; (4) carries out, causes or permits to be carried out any subdivision or development in a manner prohibited by or contrary to any of the provisions of this Bylaw; (5) fails to comply with an order, direction or notice given under this Bylaw; or (6) prevents or obstructs or attempts to prevent or obstruct the authorized entry of Town staff onto property.

14.0 Offence

Each day’s continuance of an offence under Section 1 3.0 constitutes a new and distinct offence.

15.0 Penalty

Every person who commits an offence under this Bylaw is li able on summary conviction to a fine not exceeding $2,000 plus the cost of prosecution for each offence.

16.0 Schedules

The following is a list of schedules attached hereto and forming part of this bylaw:

Schedule A – Level of Service Areas

Schedule B – Roadways and Walkways

Schedule C – Water System

Schedule D – Sanitary Sewers

Schedule E – Stormwater Management

Schedule F – Street Lighting

Schedule G – Subdivision and Development Servicing Standards

Schedule H – Standard Drawings

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17.0 Repeal

The “Town of Princeton Subdivision and Development Servicing Bylaw No. 649, 1994” is hereby repealed.

READ a first time this _____ day of ______, 2021.

READ a second time this _____ day of ______, 2021.

READ a third time this _____ day of ______, 2021.

FINALLY ADOPTED this ____ day of _______, 2021.

_________________________ _________________________ Mayor Corporate Administration Officer

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SCHEDULE A SERVICE LEVEL AREAS

1. The Town is divided into two service level areas: “Service Level 1” and “Servi ce

Level 2” . The “Service Level 1 ” area shall be as consistent with DPA No. 1 - Town Centre as shown on the Development Permit Areas Map - Schedule F of the Town ’s Official Community Plan . The remaining areas within the Town of Princeton boundary shall be considered as “Service Level 2”.

2. In Service Level 1:

1. All electric, tel ecommunication, cablevision and street light electrical

infrastructure shall be provided underground.

2. Roads shall be constructed with concrete curb and gutter, sidewalks,

boulevard trees and street lighting.

3. In Service Level 2:

1. Electric and telecommunicat ion utility extensions may be provided

underground or overhead supported on poles.

2. Roads may be constructed without curb, gutter, sidewalks and boulevard

trees.

3. Street lighting may be provided on electrical utility poles.

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SCHEDULE B ROADWAYS AND WALKWAYS

1. Prior to the design of roads, the Town will classify each new road pro posed

within the subdivision and stipulate the required standards in accordance with the Official Community Plan. In support of this decision, the Town may requ ire the Developer to pr ovide a traffic impact analysis and/or geote chnical assessment prepared by a qualified professional.

2. Applicable d esign standards for each road classification is presented in Table

B-1.

Table B-1: Road Classification and Design Standards

Road Classification Right-of-Way Width (m) Asphalt Surface Width (m) Curb Type Sidewalks/ Multiuse Path (m) Local Residential (low traffic volume) 18.0 8.6 Mountable concrete Yes Collector 20.0 10.6 Barrier (standard) concrete Yes Rural 18.0 8.6 Ditches as required Where specified Industrial 20.0 10.6 Ditches as required Where specified Pedestrian Walkway/ Multiuse Path 3.8 n/a n/a Min 3.0 concrete or asphalt

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SCHEDULE C WATER SYSTEMS

1. Water distribution mains shall be sized to carry the peak hourly flow rate or t he

maximum daily flow rate plus the fire flow rate, whichever is the greater. Mains shall be sized to operate at or below the following maximum flow velocities:

(1) Peak hourly demand rate of 2.0 m per second; (2) Fire flow plus the maximum day demand of 4.0 m per second.

2. For residential areas, the daily domestic demand criteria for purposes of

designing water distribution systems shall be:

(1) Fire flows concurrent with maximum day water demands with a residual system pressure of 140 kPa (20 psi); (2) Peak hour water demands at a pressure appropriate for the intended land use. For residential land uses the minimum service pre ssure shall be 310 kPa (45 psi) measured at the highest proposed floor elevation.

3. The minimum required fire flow for different land uses is provided in Table C-1.

Table C-1: Minimum Fire Flow Requirements Developments (without sprinklers) Minimum Fire Flow Single Family/Mixed Residential 60 L/s Medium Density Residential/Light Industrial and Service Commercial 90 L/s Core Area Commercial, Institutional and High Density Residential 150 L/s Industrial 200 L/s

4. Where network modelling indicates that available fire flow wi thin a subdivision or

to a development will be less than requirements presented in Table C-1, (1) The development will be required to either upgrade the water supply system sufficiently to provide the required fire flow; and/or (2) The fire protection requirements of the proposed development are to be reduced to be consis tent with the water distribution system fire flow capacity.

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SCHEDULE D SANITARY SEWERS

1. Sanitary sewer system requirements shall include, but not be limited to, gravity

sewer mains, sewage li ft stations, forcemains, manholes, service connections, inspection chambers and all related appurtenances.

2. Sanitary sewers shall be designed:

(1) to convey the calculated peak flow for the proposed development and upstream catchment area including allowances for inflow and infiltration; (2) to operate at a minimum flow velocity of 0.6 m/s; and (3) to flow not more than 75% f ull at the design pea k flow including an infiltration and inflow allowance.

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SCHEDULE E STORMWATER MANAGEMENT SYSTEMS

1. Stormwater management in frastructure shall be planned and designed consistent

with policies and methodologies as contained in:

(1) “Stormwater Planning: A Guidebook for British Columbia”, (2002); (2) “Beyond the Guidebook: Context for Rainwater Management and Green Infrastructure in British Columbia” (2007); (3) “Beyond the Guidebook 2010: Implementing a New Culture for Urban Watershed Protection and Restoration in British Columbia”, (2010); and (4) “Beyond the Guidebook 2015: Moving Towards “Sustainable Watershed System, through Asset Management” ”, (2015).

2. Guiding principles to the Town’s design approaches to stormwater management

are:

(1) Stormwater is a resource; (2) Design should consider the full spectrum of rainfall events as described in “Stormwater Planning: A Guidebook for British Columbia”, (2002); (3) To collect, store and infiltrate stormwater resulting from a rainfall event having a return frequency of up to 10 years for all land use categories including medium and high density residential, commercial, industrial and institutional; and (4) Conventional stormwater infrastructure comprising piped systems should be designed to minimize risks of property damage by runoff from an extreme rainfall event.

3. Where site soil conditions constrain onsite management of stormwater and for

rainfall events having a return frequency greater than 5 years for single family residential and greater than 10 years for all other land uses, a combination of piped systems and overland flood routes sized for the anticipated runoff from a rainfall event having a return frequency of 100 years is to be provided.

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SCHEDULE F LIGHTING

1. Where the development requires underground electrical distribution, str eet

lighting systems shall be provided to provide levels of illumination and uniformity as set out in the Town’s Subdivision and Development Servicing Standards.

2. Where street lighting is permitted to be installed on utility poles owned by public

utilities carrying overhead electrical distribution, the Town may prescribe different standards than in developments which are serviced underground.

3. The British Columbia Electrical Code, the most recent edition, and standards of

FortisBC, the electrical utility, shall be applicable to the design, and construction of the street lighting system.