BylawsBylaw No. 497Land useAdopted 2010In force
Frontage Improvement Delegation Bylaw
The City’s Local Government Engineer decides frontage improvement requirements for subdivision and building permit applications under the conditions set out in the bylaw. Applicants can appeal the engineer’s decision to the Transportation and Public Works Committee, with the required documents and fee.
Who it affects: The bylaw applies to people applying for subdivisions or building permits that may require frontage improvements.
Key rules
The parts residents most often run into. The PDF is the official text.
- Subdivisions creating one or more new lots can require full frontage improvements under Subdivision and Development Servicing Bylaw No. 1000, 2010.
- Outside the core area, permits creating one or two new residential units cap required improvements at 5% of building permit work value.
- Permits creating three or more new residential units cap required improvements at 15% of building permit work value.
- In the core area, permits creating one or two new residential units cap required improvements at 20% of building permit work value.
- Qualifying commercial, industrial or institutional building work caps required improvements at 20% of building permit work value.
- Appeals must be filed within 30 days and include an engineer’s estimate, site plan, grounds and supporting evidence, and a $200.00 fee.
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CONSOLIDATED CITY OF LANGFORD BYLAW NO. 497 A BYLAW TO DELEGATE THE COUNCIL’S POWERS IN RESPECT OF FRONTAGE IMPROVEMENTS List of Amendments Consolidated for Convenience Only This Bylaw has been consolidated as of 5 April 2004 for convenience only. Where applicable, capitalization, numerical order, and numbering have been altered for consistency. Copies of the original Bylaw and amendments may be viewed at Langford City Hall. Amendment No. Bylaw No. Adopted Rescinded by Bylaw No. 1 645 n/a n/a 2 825 2004-04-05 n/a CITY OF LANGFORD BYLAW NO. 497 A BYLAW TO DELEGATE THE COUNCIL’S POWERS IN RESPECT OF FRONTAGE IMPROVEMENTS Short Title 1. This Bylaw may be cited as “City of Langford Frontage Improvement Delegation Bylaw, 2010”. Definitions 2. In this Bylaw: a) “Act” means the Local Government Act; b) “City” means the City of Langford; c) “Council” means the elected council of the City. d) “Frontage Improvements” means works or services within the means of s.938(6) of the Local Government Act. Frontage Improvements Delegation 3. Council hereby delegates to the City’s Local Government Engineer the authority to exercise all of the powers, duties and functions of the Council in respect of frontage improvements under s.938 (6) of the Local Government Act. 4. In exercising the power and discretion delegated by s.3 of this Bylaw, the City’s Local Government Engineer must consider: a) That Council require under s.938 of the Local Government Act that, as a condition of the approval of any subdivision which creates one or more new lots, full frontage improvements be constructed in accordance with Subdivision and Development Servicing Bylaw No. 1000, 2010. b) That Council require under s.938 of the Local Government Act that: (Bylaw No. 825) i. As a condition of the approval of any residential building permit outside the core area which creates one or two new dwelling units, including a duplex from a single-family dwelling, full frontage improvements be constructed in accordance with Subdivision and Development Servicing Bylaw No. 1000, 2010 except that the required frontage improvements be reduced to cost no more than 5% of the value of the building permit work; ii. As a condition of the approval of any residential building permit which creates three or more new dwelling units, full frontage improvements be constructed in accordance with Subdivision and Development Servicing Bylaw No. 1000, 2010 except that the required frontage improvements be reduced to cost nor more than 15% of the value of the building permit work; and Bylaw No. 497 – To Delegate the Council’s Powers in Respect of Frontage Improvements Page 2 of 4 iii. In the core area only, as a condition of building permit for one or two new dwelling units, including a building permit which creates a duplex from a single-family dwelling, including a permit to move a house onto a property, full frontage improvements shall be constructed in accordance with Subdivision and Development Servicing Bylaw No. 1000, 2010 except that the required frontage improvements be reduced to cost no more than 20% of the value of the building permit work. c) That Council require under s.938 of the Local Government Act that, as a condition of the approval of any commercial, industrial or institutional building permit which creates one or more new buildings or creates alterations to an existing building, which are valued at more than 20% of the assessed value of the building and more than $20,000, full frontage improvements be constructed in accordance with Subdivision and Development Servicing Bylaw No. 1000, 2010 except that the required frontage improvements be reduced to cost no more than 20% of the value of the building permit work. d) The extent that frontage improvements already exist and need not be replaced. e) Circumstances in which due to topography and it may be physically impossible or excessively expensive to provide any or all frontage improvements. f) Must not in respect of previously dedicated highways abutting parcels proposed to be created by subdivision impose a condition for aggregate frontage improvements greater than 50 linear metres multiplied by the number of new parcels to be created. g) Cash to satisfy the frontage improvement conditions imposed where the frontage improvements can be more efficiently or economically provided as part of other works and services that are planned for the future. Appeals 5. An applicant for a building permit or subdivision may appeal a decision of the City’s Local Government Engineer made pursuant to the Bylaw to the Transportation and Public Works Committee by submitting in writing the appeal as to frontage improvements to the Clerk Administrator no more than 30 days after the decision by the Local Government Engineer is communicated in writing to the owner. a) The request must be accompanied by an engineer’s estimate for the cost of the works and a site plan showing the extent of the required and proposed frontage improvements, and; b) The request must be accompanied by the grounds of appeal and any supporting evidence in support of the appeal, and; c) The request must be accompanied by an appeal fee of $200.00. d) The committee recommendation will be forwarded to Council for approval. Bylaw No. 497 – To Delegate the Council’s Powers in Respect of Frontage Improvements Page 3 of 4 Scope of Bylaw 6. For clarity, subject to the Act, unless a power, duty or function of Council has been expressly delegated by this Bylaw, all of the powers, duties and functions of Council remain with Council. Delegation to Persons Holding Position 7. Where this Bylaw delegates a power, duty or function to a named position, the delegation of the power, duty or function is to the person who from time to time holds the position and to any person who from time to time is appointed by Council as the deputy of that person. No Delegation by A Delegate 8. For clarity, a person to whom a power, duty or function has been delegated under this Bylaw has no authority to further delegate to another person any power, duty or function that has been delegated by this Bylaw. READ A FIRST TIME this 17th day of July, 2010. READ A SECOND TIME this 17th day of July, 2010. READ A THIRD TIME this 17th day of July, 2010. ADOPTED by an affirmative vote of at least 2/3 of the Council members present and voting this 21st day of August, 2010. ___________________________________ _________________________________ MAYOR CLERK-ADMINISTRATOR