SUBDIVISION WATER REGULATION BYLAW NO. 81
A bylaw regulating the subdivision of land that is being proposed for development within the Improvement District boundaries and may be connected to the improvement district’s water system.
The trustees of the Sointula Waterworks Improvement District enact as follows:
INTERPRETATION
1. In this bylaw:
a) “applicant” means the owner of property, or the authorized agent of the owner, who has submitted a completed application for the subdivision of land to which water may be supplied by the District.
b) “District” means the Sointula Waterworks Improvement District.
c) “subdivision” means a subdivision as defined in the Land Title Act or the Strata Property Act.
d) “standards” means the District’s water system construction and design standards attached as Schedule “B” to this bylaw.
e) “District’s system” means the water distribution system including all works owned and operated by the District.
f) “trustees” means the trustees for the District.
g) “works” means any structures, including pipes, and all attachments, fittings, and facilities for the storage, supply, conveyance, treatment and distribution of water.
OTHER ENACTMENTS
2. Nothing contained in this bylaw will relieve any person from responsibility for seeking out and complying with other enactments applicable to their undertaking.
GENERAL PROHIBITION
3. Land that is connected to the District’s system, or is proposed for connection to the District’s system, must not be subdivided contrary to this bylaw.
APPLICATION
4. a) An owner of land who proposes to subdivide land and wishes to connect one or more parcels to be created by the subdivision to the district’s system must apply to the District by delivering to the
District:
(i) the form prescribed as Schedule “A” to this bylaw.
(ii) the plans and other information specified in Schedule “A”.
(iii) a subdivision application fee of $500 for the first 3 lots, then $100 for each additional lot.
b) Every application for subdivision of land that will create a parcel to be connected to the District’s System must include sufficient information, plans and drawings for the District to determine whether the proposed works comply with this bylaw.
GENERAL PROVISION
5. a) The trustees may refuse to approve the proposed subdivision where:
(i) the proposed subdivision does not comply with the provisions of this and other applicable bylaws of the District;
(ii) one or more parcels to be created by the subdivision are to be connected to the District’s system and the District has an insufficient water supply to provide such parcels with a supply of water.
(iii) if all lots created by the plan of subdivision do not have access to a public road developed to a standard acceptable to the Ministry of Transportation.
b) Despite subsection (a), an application may be approved where the owner of the land provides to the District with a reasonable proposal to increase the supply capacity of the District’s system so that it is capable of providing the parcels to be created by the subdivision with a sufficient supply of water.
CONSTRUCTION OF WORKS WITHIN SUBDIVISION
6. a) Subject to section 747.1(3) of the Local Government Act, an owner of land who proposes to subdivide the land must:
(i) provide, locate and construct a water distribution system within the subdivision.
b) An owner of land who proposes to subdivide land and wishes to connect one or more parcels to be created by the subdivision to the district’s system must:
(i) connect the water distribution system to the District’s system in accordance with the Standards, Bylaws, and Policies of the District.
c) The cost of providing, locating and constructing the water distribution system and connecting the water distribution system to the District’s System must be paid completely by the owner of land providing the Works.
d) The costs referred to in paragraph (b) include the cost of all permits, inspections, engineering costs and other costs related to the proposed subdivision.
CONSTRUCTION OF WORKS IN ADJACENT HIGHWAYS
7. In addition to the requirements of section 6, the Board of Trustees of the District may also, by resolution, require that an owner of land provide works and services in accordance with the Standards, on that portion of a highway immediately adjacent to the site being subdivided or developed up to the centre line of the highway, in accordance with section 747.1(4) of the Local Government Act.
CONSTRUCTION OF EXTENDED SERVICES
8. Where the Board of Trustees requires that an owner of land provide excess or extended services under section 747.2 of the Local Government Act, the District will determine the proportion of the cost
of the extended or excess service which will be borne by the applicant in accordance with the Local Government Act and any policy regarding latecomer charges approved by the Board of Trustees.
EXTENSION OF WORKS AND SERVICES
9. (a) All works required to be installed under section 6 must be installed along the full frontage of the land being subdivided or developed unless the lands beyond the land being subdivided or developed are incapable of further subdivision or development, as determined by the District.
(b) For the purpose of subsection (a) lands are not incapable of further subdivision or development by reason only that an amendment to an enactment of a local government or the District would be necessary to permit further subdivision or development.
TRANSFER OF WORKS TO DISTRICT
10. (a) An owner of land who has installed works under this agreement must:
(i) transfer the works to the District and,
(ii) where any part of the works transferred to the District are located on lands owned by any person other than the District or within a highway, provide a statutory right of way agreement for the works in a form acceptable to the District, naming the District as transferee with priority over any financial encumbrances registered against the title to the land.
(b) An owner who transfers works to the District must
(i) remedy all defects in the Works for one year following the date of the transfer.
COPIES OF PERMITS
11. The owner required to install Works under this bylaw must provide to the District a copy of the construction permit for the Works, issued by the Ministry of Health.
CONNECTION CHARGES AND DEVELOPMENT FEES
12. No person may connect any parcel to the District’s System without paying all applicable charges in accordance with the District’s bylaws.
APPROVAL PERIOD
13. (a) Subject to changes in an enactment which may affect a subdivision, approval of a subdivision under this bylaw will be valid for a period of 1 year.
(b) An approval under this bylaw must not be interpreted as limiting the function or authority of the Approving Officer under section 87 of the Land Title Act.
14. The subdivision plan will not be given final approval until the design of the works and services has been approved by the District and the works and services installed and tested.
VIOLATION
15. A person who does any act or suffers or permits any act to be done in contravention of this bylaw or who neglects to do or refrains from doing any act or thing which is required to be done by this bylaw, commits an offence.
PENALTY
16. A person who commits an offence under this bylaw is liable on summary conviction to a penalty in accordance with the Offence Act.
SEVERABILITY
17. If any section, subsection, sentence, clause, or phrase of this bylaw is for any reason held to be invalid by the decision of any court, such section, subsection, sentence, clause or phrase may be severed from the remaining portion of this bylaw with the remaining portions of the bylaw remaining valid and of full force and effect.
INSPECTION AND RIGHT OF ACCESS
18. (a) The trustees, or an officer or employee of the District may enter at all reasonable times upon land subject to this bylaw, to ascertain whether the provisions of the bylaw are being obeyed, provided that:
(i) consent to inspect the land is obtained from the owner or occupier of the land, or;
(ii) where such consent has been refused, written notice of the intent to inspect is given to the owner or occupier no less than 24 hours prior to the time of inspection.
(b) No person will obstruct or prevent a person referred to in paragraph (1) from carrying out any of the provisions of this bylaw.
REPEAL
19. Subdivision Water Regulation Bylaw No. 7 is repealed.
CITATION
20. This bylaw may be cited as the “Subdivision Water Regulation Bylaw No. 81“.
INTRODUCED and given first reading by the Trustees on the _______ day of _________, 20 ____.
RECONSIDERED and finally passed by the Trustees on the _______ day of __________, 20 ____.
Chair of the Trustees: ______________________
I hereby certify that this is a true copy of Bylaw No. ____
Officer: __________________________________
SCHEDULE “A”
SUBDIVISION WATER REGULATION BYLAW NO. 81
Application for Water Service to Proposed Subdivision
Property Address(es): ___________________________________________________
Legal Description of Property(ies): __________________________________________
______________________________________________________________________
Registered Owner(s): ____________________________________________________
______________________________________________________________________
Address (Correspondence/calls) to be directed to:_______________________________
_______________________________________________________________________
Phone: __________________ Fax:__________________
THE FOLLOWING MUST ACCOMPANY THIS APPLICATION:
1. Copy of Indefeasible Title(s), dated within 30 days of the date of application.
2. A letter of authorization if the applicant is not the owner.
3. Plan of proposed subdivision with dimensions clearly illustrating lot layout, roads, etc. to a scale of not less than 1:2000. Four copies are required.
4. The layout sketch plan, in metric, must be prepared by a consulting engineer, planner, or land surveyor and show the following:
• the full legal description of the parcel(s) to be subdivided;
• the dimensions and area of all proposed lots;
• the arrangement of parcels and streets which will be created by the subdivision, including the widths of the proposed streets and alteration of lot lines or subdivision of any existing parcels;
• the location of all existing buildings and structures on the property;
• existing property lines and highways to be eliminated by the proposed subdivision;
• the location of all natural features and watercourses;
• the relationship of the development to neighbouring parcels and highways;
• intended use of each parcel to be created by the subdivision;
• topographic information where land affected by the application is steep, irregular, or otherwise difficult to appraise in respect of the proposed development;
• A plan of the water system to service the subdivision designed in accordance with the District’s Standards.
5. A non refundable application fee of $500.00 for the first 3 Lots, then $100.00 for each additional lot.
6. Evidence of approval or authorization from other agencies involved in the subdivision process.
PLEASE NOTE THE FOLLOWING:
Personal information collected on this form is collected for the purpose of processing this application and for administration and enforcement of District bylaws related to subdivision. Personal information or business information submitted on this form is not considered to be supplied in confidence.
The District, or their duly appointed representative, are authorized to enter the property for inspection purposes.
Property owner(s) signature(s): _______________________________________________
_________________________________________________________________________
OR:
Authorized agent’s signature: __________________________________________________
Date of application: __________________
Approved this ____ day of ____ , 20 ____ .
Authorized Signature: ___________________________________________
SCHEDULE “B”
SUBDIVISION WATER REGULATION BYLAW NO. 81
Water System Construction and Design Standards: As per the BC Building Code and as required by Sointula Waterworks Improvement District bylaws, policies, procedures, and engineering standards and specifications.