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1999-04-12_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at April 9, 1999. 1. Meeting called to order, 7:00 p.m., Monday, April 12, 1999 - prayer. 2. Approval of minutes (Tuesday, April 6, 1999). 3. Re "Communities in Bloom" launch (Mayor McAlary) PUBLIC HEARINGS 4. 7:00 p.m. (a) Proposed amendment to Section 39 conditions of re- zoning of property at 2435 -2441 Golden Grove Road, to permit the use of the property for the following uses: business office, trade school, warehouse, assembly of electrical components, assembly of heat treating furnaces, and green house, and to permit removal of dead wood and thinning of trees in the existing treed area of the site, as requested by Glenn Carpenter. (b) Report from the Planning Advisory Committee re proposed amendment_ (c) Correspondence from applicant. 5. 7:00 p.m_ (a) Proposed amendment to Section 39 of re- zoning of property at 1385 Hickey Road (formerly part of 1120 Loch Lomond Road), to permit a take -out restaurant in conjunction with the recently developed Autopro Centre at 1385 Hickey Road, as requested by John Cudmore Enterprises Inc. (b) Report from Planning Advisory Committee re proposed amendment. 6. 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone an area of land located at 556 Woodward Avenue, from "RSS" One Family Serviced Suburban Residential to "R -1A" One Family Residential classification, to carry out a new phase of Cedar Point Estates Subdivision with fully serviced lots ranging in area from 656 square metres (7,061 square feet) to 1850 square metres (19,914 square feet) for the development of one - family dwellings as requested by the City of Saint John, and by Cedar Point Estates Ltd. (b) Report from Planning Advisory Committee re proposed amendment. 7. 7:00 p-m_ (a) Proposed Zoning By -law amendment to re -zone an area of land located at 101 Boars Head Road, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential classification, to permit the construction to one and two family dwellings, as requested by Spectrum Enterprises Ltd. (b) Report from Planning Advisory Committee re proposed amendment. 8. 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a parcel of land located at 333 -335 Main Street, from "BR" Business Residential to "B -2" General Business classification, to allow for a greater variety of commercial businesses, including a second -hand store and a used furniture store in the former Hoffman's building, as requested by Dennis G. Cormier. (b) Report from Planning Advisory Committee re proposed amendment_ PUBLIC PRESENTATION 9. 7:00 p.m. — Public presentation of proposed Municipal Plan amendment to amend Schedule 2 -A and Section 2.4.6.28 to redesignate a parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road from Low Density Residential to District Centre Commercial classification, to permit re- zoning of the subject property to allow its continued use as a car sales lot. Page Two. COMMON COUNCIL AGENDA - as at April 9, 1999. DELEGATION *9A. 8:3 — Presentation by Patricia Perrin on behalf of the New Brunswick Sarcoidosis Awareness Group. (WITHDRAWN). COUNCIL 10. Re Mayor's remarks (Mayor McAlary). *10A. Committee of the Whole recommendation (April 12) re per diem rate. CITY MANAGER 11. Report re tender for traffic controllers. 12. Re HIP applications #85 to #87 for developments, Bon Accord Subdivision, Lakewood Avenue West, and Woodward Avenue. 13. Re 1999 Clean -Up Week campaign. 14. Re procedure for recovery of Traffic By -law fines. COMMITTEES/COMMISSIONS 15. Planning Advisory Committee re proposed amendment to Flood Risk Area By -law. *15A. Third reading of amendment to Flood Risk Area By -Law (1st & 2 "d readings given March 15). 16. Planning Advisory Committee re proposed amendment to Subdivision By -law. 17. Planning Advisory Committee re proposed Section 101 agreements regarding accessory buildings at 12 and 14 Cavanagh Court. 18. Planning Advisory Committee re Council policy of cancelling public hearings. 19. Saint John Industrial Parks Ltd. re 1999 Industrial Parks capital program. 20. Saint John Industrial Parks Ltd. re street lighting along Alloy Drive. GENERAL 21. Letter from F. K. Stuart re development of former New Albert School and Lancaster Hospital sites. 22. Letter from Barry Ogden re honouring James Smith, builder of the Marco Polo. 23. Letter from Hospice of Saint John Inc. re appointment of City representative to Board of Directors_ COMMITTEE OF THE WHOLE - 4:30 p.m. 24_ Re agenda and trip to Bangor (Mayor McAlary). 25. Re Municipalities Act, section 36 (City Solicitor). 26. City Manager's update. 27. Mayor's update. .r� 41ag ar's (Dffite April 7, 1999 10-l'' 66-aild 304n, N �3- OPEN SESSION OF COUNCIL Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Deputy Mayor and Councillors: The members of the "Communities in Bloom" Committee wish to launch their official kick -off at the Open Session of Common Council on Monday evening, April 12, 1999 at 7:00 p.m. The new Chairman of Communities in Bloom, Mr. Colin Whitcomb, and his committee members are very enthusiastic about this year's plan. Many local businesses and individuals are involved in this initiative. Yours sincerely, Shirley A. Mc airy MAYOR SM/meg P. 0. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA F2L 4L1 • (506) 658 -2912 t� PROPOSED SECTION 39 AMENDMENTS Public Notice is hereby given that the Common Council of The City of Saint John intends to consider proposals at its regular meeting to be held on Monday, April 12, 1999 at 7:00 p.m., by: A. RE: 1385 HICKEY ROAD (FORMERLY PART OF 1120 LOCH LOMOND ROAD) Amending the Section 39 conditions imposed on the December 22, 1986 rezoning of the subject property situated at 1385 Hickey Road, also identified as NBGIC #55146138 (formerly part of the property at 1120 Loch Lomond Road, NBGIC #55098420), to permit a revised proposal. REASON FOR CHANGE: To permit a take -out restaurant in conjunction with the recently developed Autopro Centre at 1385 Hickey Road. B. RE: 2435 -2441 GOLDEN GROVE ROAD Amending the Section 39 conditions imposed on the August 13, 1984 rezoning of the subject property situated at 2435 -2441 Golden Grove Road, also identified as NBGIC #469551, to permit a revised proposal. REASON FOR CHANGE: To permit the use of the property for the following uses: business office, trade school, warehouse, assembly of electrical components, assembly of heat treating furnaces, green house; and to permit removal of dead wood and thinning of trees in the existing treed area of the site. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Community Planning, City Hall, 15 Market Square, Saint John, N.B., between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. �01 PROPOSED SECTION 39 AMENDMENTS Public Notice is hereby given that the Common Council of The City of Saint John intends to consider proposals at its regular meeting to be held on Monday, April 12, 1999 at 7:00 p.m., by: NB.. RE: 2435 -2441 GOLDEN GROVE ROAD Amending the Section 39 conditions imposed on the August 13, 9984 rezoning of the subject property situated at 2435 -2441 Golden Grove Road, also identified as NBGiC #469551, to permit a revised proposal. REASON FOR CHANGE: To permit the use of the property for the following uses: business office, trade school, warehouse, assembly of electrical components, assembly of heat treating furnaces, green house; and to permit removal of dead wood and thinning of trees in the existing treed area of the site. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Community Planning, City Hall, 15 Market Square, Saint John, N.B., between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 71 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): M so Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) ETG City Information AD Date(s): Tuesday, March 16, 1999 Tuesday, April 6, 1999 ETG Independent Placement Date(s): ETG Classifieds Date(s): T -J Independent Placement Date(s): T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: 173 Tender(s) 0 Proposals(s) x Public Notice(s) 173 Mayor's Message 173 General Notice(s) Office of the Common Clerk March 3, 1999 Mr. Glenn Carpenter 45 Westmount Road Saint John, NB E2M 61-7 Dear Sir: Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 1 st instant, the following resolution was adopted, namely:- tia City of Saint John " RESOLVED that the application of Glen Carpenter for an amendment to the Section 39 conditions of re- zoning of the property at 2435 -2441 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 12, 1999, at 7:00 o'clock P.M.-- Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. unford Common Clerk MLM:sc Enc Application for Amendment to Section 39 Resolution or Agreement Applicant Related Information Name of Applicant ? Mailing Address of Applicant L2�1 ' -- — Postal CodeAL C, 1 Tephone Number: Business - / . Home Fax No.(if one) ___ - 7 � � — ' Name of Property Owner(if different) Mailing Address of Owner Postal Code Existing Resolution Date of resolution to be amended AuouS -C 1 , 1 `4,9 Civic# Street NBGIC# Applicants Interest in Property Own _ Lease Other( What is your Proposal? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. %/ w Riannfivrp a=- -R& /? Signature of the owner must be }E8 25 "" JUdith +Glenn Carpenter 45 Westmount Road Saint John NB,E2M6L7 Phone Fax 1 -506 -738 -8404 carpg @nbnet.nb_ca 2117199 golbldg Mr. Jim Baird Community Planning City of Saint John. N >B> Subject; 2441 Golden Grove Road Building. Dear Mr. Baird; We are now the owners of this property and are proposing a variety of uses for the site that we believe comply with the sensitive nature of the area being in the watershed and having adjacent home owners. 1. Technical Heat Treatment Services Limited will move their head office to this location using the office space and one room as a teaching room for entry to this industry. We have the only accredited course in Canada and will attract a number of persons for training from other areas, perhaps from other countries. 2. Warehousing space will be used to house the small electric generators and the parts supply for these units that are quite specialized and are moved to a job location such as the Refinery or Lapreau along with our technical staff to perform work on the clients site. 3. Another Branch will be performing an assembly operation of electrical components that will supply the Canadian market, later foreign, with specialized electrical generators for our associates in Alberta <Ontario, Nova Scotia and Newfoundland along with THT own needs. We presently have commitments for in excess of $1 million in orders that will create assembly jobs. This equipment is presently imported from England or the US. We constructed 2 units prototypes last fall and are ready to produce numbers. 4. A further proposal will he to install on site out side the building at the rear, a series of Heat Treating Furnaces that take components such as snow plow blades, well drilling bits and a variety of other items manufactured here in Saint John by others and Temper them for hardness. These furnaces will vary in size from 2 feet cubed to 10 feet. They are run silently by Propane and create no residue or smoke since they are sealed and raised to 1200 degrees. 5. We may at some future time require the installation of a green house for Shades of Green to supply trees to that operation. We will not be selling from this site but growing only. The operations as described do not use chemicals or petroleum product other than cleaning items in very small containers and we do not produce odors, smoke, waste water, chemical spill potential or a lot of noise. We do not use large mobile equipment ourselves and traffic to this site will be limited mostly to staff. An early resolution to our request will enable us to continue a fast track to bringing this fine business opportunity to Saint John. YOU2P7 ly J . - Glenn Carpenter SHMDeS of eReeN KetepeC SCfiool. 2483 Westfield Road Saint John, NB. E2M 61-7 508- 738 -8319 fax 506- 738 -2111 Friday, February 19, 1999 RE; 2441 Golden Grove property of Carpenters t� Shades of Green will be using part of this property for Green house operations in the future. We will also be responsible for the landscaping of the property and would like to manage the forest both in front and at the rear of the property. The woods needs the dead wood removed and some thinning in bush areas. We will be planting some trees on the site and improving the appearance of the entry to the site. Glenn Carpenter f� Shades of Green' f 9 3. INDUSTRY NEEDS (cont'd) 3.5 Vacuum Processing Computer controlled vacuum furnaces are employed in the hardening and tempering of hot die and high carbon/high chrome air hardening tool steels, as well as vacuum brazing and bright annealing. Vacuum technology produces an end product with minimal distortion and scaling. This is achieved through complete evacuation of gases from the chamber before heat treatment commences. 4. FACILITY EQUIPMENT The full service heat treatment facility will provide industry with one -stop service, from procedural development, pre - inspection, specific multi - staged heat treatment, final surface conditioning, post inspection and quality assurance through on site laboratory verification. The facility will be host to several large pieces of equipment and permit multiple operations, such as: 1. Specific Heat Treatment. 2. Inspection and Dimension Verification. 3. Calibration. 4. Final Surface Conditioning. CONTROL PANEL 4,500 CUBIC FOOT HEAT TREATMENT OVEN i i 8 3. INDUSTRY NEEDS (cont'd) Electric or Gas Fired Carburizing -Box Furnace Box furnaces are specifically designed for carburizing, neutral hardening and, optionally, carbonitriding. They are front loading box furnaces with vertical doors, very tight atmosphere seals, and complete atmosphere flow control systems. They have a normal maximum temperature of 1.850 °F (1010 °C.) Two types of atmosphere systems are offered, the NM Nitrogen/Methanol and the EN Endothermic Gas atmosphere control system. Both feature the addition of natural gas or propane as the carburizing agent in a carrier gas of approximately 40% nitrogen, 40% hydrogen and 20% carbon monoxide. Ammonia can be added for carbonitriding. 3.4 'tempering, Annealing and Normalizing Equipment s - 5- f 44 Electric Box Furnace Planning Advisory Committee OPEN SESSION April 8, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Section 39 Amendment 2435 -2441 Golden Grove Road �E City of Saint John On March 1, 1999 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. The applicant, Glenn Carpenter, attended the meeting and spoke in favour of the application. Mr. Carpenter outlined the major features of his proposal and indicated that it would be a very low- impact operation with considerable economic benefits for the local economy. He advised that the proposed operation would have no potential of contaminating the Town of Rothesay's water supply, because the processes involve no discharges to the environment. Mr. Carpenter submitted a letter to the Committee members with respect to the proposal. A copy of the letter (resubmitted to Community Planning on April 8, 1999) is attached. No other persons attended the meeting to speak in favour of or against the proposal. However, three letters were received expressing concerns about the application. Copies of these Jeffers are attached. After considering the report, letters and presentation, the Committee resolved to recommend approval of the proposed Section 39 amendment. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the August 13, 1984 rezoning of the subject property situated at 2435 -2441 Golden Grove Road, also identified as NBGIC #469551, as follows: tim Planning Advisory Committee Page 2 April 8, 1999 a) the use of the subject property is limited to the applicant's proposal, which includes the following activities: • office; • trade training in electronic, safety, quality assurance and education in metals; • warehousing of electronic product, ceramic blankets and specialized insulation, as well as materials for associated companies, including peat moss, paper rolls and other dry products, but not including any oil, gas or chemicals; • electronics assembly, being bench assembly of computer - controlled heat treating mobile units; • operation of electric kilns within the existing building, and one outdoor propane kiln to the rear of the building, for tempering of metals; • greenhouse operation for the cultivation of trees and plants. b) no new buildings and no extensions to the existing building are permitted; c) the number of full -time on -site employees is limited to a maximum of 15 persons; d) no change -of -use pen-nit for any of the proposed uses will be issued until such time as the on -site sewage disposal system is approved by the Public Health Services Branch of the N.B. Department of Health and Community Services; e) the property-owner must permit the property and operations thereon to be inspected by the N.B. Department of Environment, for compliance with that Department's relevant regulations. Such inspections may occur as often as once every six months. Respectfully submitted, Brian C ngham Chairman RGP /r Attachments Community Jim Baird MCIP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: APRIL 1, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: COMMUNITY PLANNING MEETING OF APRIL 7, 1999 zj&,�o � f, �1 � U'l P&H Randall G. Pollock, MCIP Planner Glenn Carpenter Glenn Carpenter 2435 -2441 Golden Grove Road 469551 Municipal Plan: Light Industrial (Approved Exception) Zoning: "I -1" Light Industrial (Section 39) Proposal: To conduct a variety of business and industrial activities on the site Type of Application: Section 39 Amendment City of Saint John JURISDICTION OF COMMITTEE: Common Council has requested the Planning Advisory Committee's views with respect to the proposed Section 39 amendment. Common Council will consider Glenn Carpenter Page 2 2435 -2441 Golden Grove Road April 1, 1999 the Committee's recommendation at a public hearing on Monday, April 12, 1999. STAFF RECOMMENDATION TO COMMITTEE: That the proposed Section 39 amendment be denied. BACKGROUND: In 1984, Common Council amended the Municipal Plan and rezoned the subject site from "RF" Rural and "RFM" Rural Mobile Home to "I -1" Light Industrial, subject to the following Section 39 conditions: the use of the property is restricted to an approximately 45 -foot by 100 -foot one- storey building for the manufacture and storage of wooden pallets; • the existing trees adjacent to Golden Grove Road be retained. The development was subsequently undertaken and operated for a few years. Then, in 1994, Common Council approved an application by Warren Maritimes Ltd. for an amendment to the Section 39 conditions to permit the site and building to be used for a contractor's office, storage and vehicle /equipment maintenance facility. These additional uses were approved only for a two -year period, which was later extended to November 10, 1998 by a further Section 39 amendment. The use of the property for these additional uses has ceased as required, and the original 1984 conditions remain in effect. INPUT FROM OTHER SOURCES: Engineering has no objection. Building and Technical Services advises that detailed building and site plan will be required for National Building Code evaluation. Further information on thermal radiation from the furnaces will be required in order to assess spatial separation requirements. Glenn Carpenter Page 3 2435 -2441 Golden Grove Road April 1, 1999 Saint John Energy advises that it has adequate facilities in the area, as the lot is presently serviced with power. NBTeI has no concerns with providing service to this lot as NBTeI currently has a cable into the building now. Depending on customer's request for service, additional cable may be required, but there should be no costs. N.B. Department Health and Community Services (Public Health Services Branch) advises that, although there is a record of an approved application for an on -site system for this property, the Branch has no record of the system ever having been installed and finally inspected. The 1983, 1984 and 1985 files were searched. The inspector for the area at that time does not recall a final inspection having been done. In addition, the on -site system shown on the 1984 application would not meet today's standards for the proposed uses. The Branch, therefore, would want a new on -site sewage system installed according to Regulation 88- 200 under the Health Act, with the necessary application, lot assessment and final inspection being completed. N.B. Department of Environment has reviewed the proposal and advises as follows: Should any of the proposed activities be situated within the existing 75- metre watercourse setback, the applicant must receive an exemption from the Department. 2. Phase II of the Watershed Protection Program addresses potential sources within the watershed. Under the new regulation (not yet in effect), the applicant may be required to obtain an approval and may be required to modify the operation or relocate the operation outside of the watershed. Town of Rothesay does not support the proposed Section 39 amendment and has submitted the attached letter outlining its concerns. The Town views the proposed intensification of activity on this property as a threat to the Carpenter's Pond Watershed. ANALYSIS: The subject site is located in the eastern part of the City, on the north side of Golden Grove Road between Churchland Road and the Airport Expressway. This is a semi -rural area of one - family dwellings and woodland. The site lies within the Carpenter's Pond Watershed, which supplies drinking water to the Town of Rothesay. Glenn Carpenter Page 4 2435 -2441 Golden Grove Road April 1, 1999 The subject site has a frontage of approximately 275 feet and a depth of approximately 900 feet, with an area of nine acres. The one - storey warehouse building on the site is set back about 400 feet from the road and about 430 feet from the rear property line. A 150 -foot wide strip of land, owned by the Town of Rothesay, lies between the rear property line of the subject site and Irwin Lake. Proposal The applicant purchased the subject site recently. He proposes to establish a variety of interrelated uses for the building and grounds, as follows: • business office and trade school: Technical Heat Treatment Services Ltd. will move its head office to this location using the office space and one room as a teaching room for entry into this industry. The applicant indicates that this company has the only accredited "heat treatment" course in Canada and will attract a number of persons for training from other areas and countries. warehouse: Warehousing space will be used to house the small electric generators and the parts supply for heat treatment units, that would be moved to a job location (such as the Refinery or Point Lepreau) along with technical staff to perform work on the client's site. • assembly of electrical components for specialized electrical generators for the company's associates in Alberta, Ontario, Nova Scotia and Newfoundland, as well as for the company's own needs. The applicant indicates that the company currently has commitments for in excess of $1 million in orders that will create assembly jobs. This equipment is currently imported from England or the United States. * installation and operation of a series of heat treating furnaces that take components such as snow plow blades, well drilling bits and a variety of other locally - manufactured items and "temper" them for hardness. The furnaces would be located outside to the rear of the building, varying in size from 2 cubic feet to 10 cubic feet. The applicant indicates that they are run silently by propane and create no residue or smoke, since they are sealed and raised to 1200 degrees. Additional information on these furnaces, which has been submitted by the applicant, is attached to this report. The applicant also indicates that, in the future, he may wish to construct a greenhouse to supply trees to a nursery operation/garden centre (Shades of Green) located at the former Ketepec School in Morna. The applicant indicates that this Glenn Carpenter Page 5 2435 -2441 Golden Grove Road April 1, 1999 company will be responsible for the landscaping of the property and would also like to manage the wooded portions of the site. He indicates that the woods need the dead wood removed and some thinning in bush areas, both at the front and rear of the site. In addition some new trees will be planted. The applicant indicates that the proposed operations do not use chemicals or petroleum products, other than cleaning items in very small containers, nor is there any odour, smoke, waste water, chemical spill potential or excessive noise. Traffic on the site will be limited mostly to staff: The applicant was advised of the present Section 39 conditions limiting the use to manufacturing and storage of wooden pallets, as well as the need for approval of an amendment, prior to his purchase of the property. Section 39 Amendment This application illustrates the long -term implications of approving industrial developments in isolated locations outside of established industrial areas. Staff did not support the original proposal, but the rezoning was ultimately approved based on the specific proposal at the time. Now that the original use has ceased, there remains an underutilized industrial building in the rural area of the City. Except for the subject site itself, the Golden Grove area contains a mix of rural and residential uses. The Municipal Development Plan designates the surrounding area either Rural or Unserviced Residential, in recognition of the predominant character of the area. The present permitted use of the property, while not ideal in any residential setting, was considered to be of an intensity that minimized the impact on the neighbourhood. Other similar uses, such as a small carpentry shop and /or dry storage of non - obnoxious materials, could also be considered appropriate, depending on the specific proposal and given that this building now exists. The applicant's proposal, on the other hand, appears to intensify the use of the building and property in terms of both activity and number of employees, over and above what is approved for the site now. Such a use should be located in one of the City's industrial parks or some other appropriate non - residential area. The concerns about this proposal are compounded by the fact that the site lies within Rothesay's watershed. It is not likely that the proposed use would be approved within the City's own watershed areas. In view of these observations, it is recommended that the application be denied. Glenn Carpenter Page 6 2435 -2441 Golden Grove Road April 1, 1999 CONCLUSION: The applicant proposes to establish a variety of activities that would intensify the industrial use of a site that, due to its location in a rural residential area and within a watershed, is currently limited to storage and manufacture of wooden pallets. Approval of this proposal is not supported, as it is not compatible with the rural residential nature of the area. The operation should be located in one of the City's industrial parks or some other established industrial area. RGP /r If -"OMMUNITY PLANNING- - 6 IRWIN LAKE RF 2A V SUBJECT SITE: ADDRESS,. 2435 Golden Grove Road MAP NO.: 07P-B3 DATE: October 21, 1997 SCALE: N.T.S. NBGIC NO.(S) 00469551 CARPENTER'S POND WATERSHED / ROTHESAY WATERSHED BOUNDARY M SUBJECT SITE r - f• DEPT. OF ENVO.- _ 75 m BUFFER �f j..�'�.� w • i4-' F ,I i � ! t•. S t4 * �i pa- 1 r.4 a r, . 715 ao . -L 113 PLAN OF p(�c wL'uY PL Ate N 03/26/99 09:33 TOWN OF ROTHESRY -> 96582837 NO.123 P02 OVVN OF ROTHESAY Incorporated 1998 March 25, 1999 Randy Pollock, MCIP Planner, Community Planning City of Saint John P.O. Box 1971 Saint John, NB EM 4L1 RE-, proposed Section 39 Amendment, 2435 -2441 Golden Grove Road Dear Mr. Pollock; The Town of Rothesay welcomes the opportanity to comment on the above noted proposal both as an abutting property owner and due to the fact that the subject property is located with in the boundaries of the Carpenters Pond Watershed. This is a designated drinking water supply under the Clean Environment Act and is the drinking water supply for The Town of Rothesay. The above noted property is also in close proximity to the body of water known as Irwin Lake. Irwin Lake and the surrounding lands are the headwaters for the Carpenters Pond Watershed. The following are the specific concerns and comments associated with each proposed use; • business office and trade school: Mr. Carpenter suggests that these activities will grow in the future, potentially requiring more buildings. As well there is no mention of the equipment, chemicals or activities that will be used in the training. It could be assumed that some of the training would take place outside using the proposed heat treating furnaces. warehouse: Mr. Carpenter's proposal indicated that the warehouse would be used for storing small generators. There is no indication if there are there any oils, cooling fluids or fuel tanks associated with these generators. If so there is the potential for a spill of these fluids with in the watershed. In addition there is concern that once a warehouse is established it would be hard to control the movement of goods through the warehouse. There is potential for goods that would be a threat to the watershed to be contained in this proposed warehouse. 70 Hampton Road, Rothesay NB E2E 5L5 (506)348 -6600 fax (506)846 -6677 E -meal' tov=ot bnbet,nb.ca O3/26/99 09:33 TOWN OF ROTHESAY 4 9658283? NO.123 D03 • assembly of electrical components: The proposal does not indicate if any chemical washes or baths will be required to treat or prepare certain parts of the electrical components before assembly. Though at the end of his letter Mr: Carpenter indicates that the chemicals they do use are in very small containers. This is not enough information to determine the true amount of chemical usage proposed for this site and the method of disposal for these Chemicals has not been addressed. assembly and operation of heat treating furnaces: The operation of the heat treatment furnaces is an expansion of activity outside of the existing building. The original rezoning in 1984 limited activity to the interior of the existing building. Mr. Carpenter has indicated that there will be heat treating of components brought in to the site. Will these Components need cleaned before heat - treating and if so will it be soap and water, chemicals or sandblasting. Mr. Carpenter's proposal also indicates that Feat treatment requires the use of nitrogen, hydrogen, carbon monoxide and ammonia. The proposal does not indicate if these are in gas or liquid form or if there are provisions being made for proper storage and containment. The presence of these chemicals is a threat to the watershed. green house: The operation of a green house causes some concern as there is no indication if any fertilizers or pesticides will be used or stored in association with this activity. As well any topsoil required for the operation of a green house would have to be stored so that there would be no run off. These two issues were not addressed in Mr_ Carpenter's proposal. thinning of trees: The letter from "Shades of Green" indicates that they will be responsible for the landscaping of the property and the management of the forest_ 'Yet they make no mention of the specific plans other than to state that they want remove dead wood and do some thinning, The proposal does not address erosion control, the extent of the proposed thinning, and how the landscaping and forestry management will be addressed in the 75 -meter setback from Irwin Lake. Given the above Concerns, the Town of Rothesay can not support Mr. Carpenter's request to amend the Section 39 agreement. The Town views the proposed intensification of activity on this property as a threat to the Carpenters Pond Watershed. If you have any questions Concerning the above information please feel free to contact me. Sincerely, CA, r4, 64,E- ,-- Graham Chapman Town planner 70 Hampton Road, Rottesay NB E2E 5LS (506)$4 "600 Fax (506)848-6677 F —Mail: towxu'othWbnbeLnb.ca 0 4. INDUSTRY NEEDS (cont'd) 3.5 Vacuum Processing Computer controlled vacuum furnaces are employed in the hardening and tempering of hot die and high carbon /high chrome air hardening tool steels, as well as vacuum brazing and bright annealing. Vacuum technology produces an end product with minimal distortion and scaling. This is achieved through complete evacuation of gases from the chamber before heat treatment commences. FACELUY EQUIPMENT The full service heat treatment facility will provide industry with one -stop service, from procedural development, pre - inspection, specific multi- staged heat treatment, final surface conditioning, post inspection and quality assurance through on site laboratory verification. The facility will be host to several large pieces of equipment and permit multiple operations, such as: 1. Specific Heat Treatment. 2. Inspection and Dimension Verification. 3. Calibration. q. Final Surface Conditioning. Ov CONTROL F'ANEL 4,500 Cumc FOOT HEAT TREATMENT OVEN 4 3. i ADOti i QAL. INFU-MM Wl F'caA AWLIC1 rU t s INDUSTRY NEEDS (cont'd) Electric or Gas Fired Carburizing Box Furnace Box furnaces are specifically designed for carburizing, neutral hardening and, optionally, carbonitriding. They are front loading box furnaces with vertical doors, very tight atmosphere seals, and complete atmosphere flow control systems. They have a normal maximum temperature of 1850 °F (1010 °C.) Two types of atmosphere systems are offered, the NM Nitrogen/Methanol and the EN Endothermic Gas atmosphere control system. Both feature the addition of natural gas or propane as the carburizing agent in a carrier gas of approximately 40% nitrogen, 40% hydrogen and 20% carbon monoxide. Ammonia can be added for carbonitriding. 3.4 Tem erin Annealing and Formalizing Equipment 13. G•` .o- Electric Box Furnace a 2183 Westfield Road Saint John NB_ E2M 617 Phone Fax 1 -506- 738 -8404 carpg@nbnet.nb.ca Thursday, April 08, 1999 r Y'! Interblend Corp. Subject; 2441 Golden Grove Road -- G01.,BLG2 . C !et r, a CFt. ,- r 0AA -.C.4'- I have been dedicating my time over recent years in developing businesses and jcbs in New Brunswick. The criteria has been to search out businesses that have a synergy that ft together with others in the community and ticking advantage of a business opportunity. Presently this method, using an extended family of talent Iew Bauns�vick. We dob�isrness in °�� cbirbf,UOlg�1 R �arbo��s m -- Icvel of quality. Our companies and experience have a long reputation for sound environmental concern and management, for example ,I believe its important to be able to walk to work and we frequently accomplish this and employ persons in fac community, Requested change to anything is always perceived as safer to say no, but in fact inaybe having a business as we propose can actually better protect and appreciate the natural way of the site. A viable successful business with potential to look after property must be better than a marginal idea such as pallet or small wood working shop. I appreciate the opportunity to try to breath some life into a cold written request.. Mr. Chapman of Rothsay PIanning has asked no questions but does not approve any development as a general principal. Firstly the Town of Rothesay has purchased land around the lake and of course had the same opportunity to purchase this property as I did. My intention is full co- operation to support the concerns of Mr. Chapman but his fully negative response should be considered in the above light. M. Ann Andrews posed some excellent questions and I have talked with her and have visited the site with her to review her ideas and suggestions. Mr Cosman is the nearest neighbour and the original owner of the property and his only concern is to keep the trees in front intact and we certainly will comply. In some other communities science parks have been established that address the realities of clean businesses and research companies that desire clean air, clean a RECENED APR 8 1999 i0J �0�88�Z�30S �J31N3dZl4i� - NhFa�rt 1.1H P ar r1F! "= A ] 2183 Westfield Road Saint John NB_ E2M 617 Phone Fax 1 -506- 738 -8404 carpg@nbnet.nb.ca Thursday, April 08, 1999 r Y'! Interblend Corp. Subject; 2441 Golden Grove Road -- G01.,BLG2 . C !et r, a CFt. ,- r 0AA -.C.4'- I have been dedicating my time over recent years in developing businesses and jcbs in New Brunswick. The criteria has been to search out businesses that have a synergy that ft together with others in the community and ticking advantage of a business opportunity. Presently this method, using an extended family of talent Iew Bauns�vick. We dob�isrness in °�� cbirbf,UOlg�1 R �arbo��s m -- Icvel of quality. Our companies and experience have a long reputation for sound environmental concern and management, for example ,I believe its important to be able to walk to work and we frequently accomplish this and employ persons in fac community, Requested change to anything is always perceived as safer to say no, but in fact inaybe having a business as we propose can actually better protect and appreciate the natural way of the site. A viable successful business with potential to look after property must be better than a marginal idea such as pallet or small wood working shop. I appreciate the opportunity to try to breath some life into a cold written request.. Mr. Chapman of Rothsay PIanning has asked no questions but does not approve any development as a general principal. Firstly the Town of Rothesay has purchased land around the lake and of course had the same opportunity to purchase this property as I did. My intention is full co- operation to support the concerns of Mr. Chapman but his fully negative response should be considered in the above light. M. Ann Andrews posed some excellent questions and I have talked with her and have visited the site with her to review her ideas and suggestions. Mr Cosman is the nearest neighbour and the original owner of the property and his only concern is to keep the trees in front intact and we certainly will comply. In some other communities science parks have been established that address the realities of clean businesses and research companies that desire clean air, clean a RECENED APR 8 1999 i0J �0�88�Z�30S �J31N3dZl4i� - NhFa�rt 1.1H P ar r1F! APR -08 -99 THU 11:00 AM GLENN-CARPENTER 5067388404 P.02 2 water and clean woods with a quiet mental and emotional atmosphere . With other such businesses we already are established in Drury cove and at the Ketepec school. The proposal before you fits this category and will bring an electronic , knowledge and research: industry to life here in Saint John. The Electronics and science of Tempering is a niche science that requires highly skilled and dedicated persons to perform work at client sites such as pipe lines, energy plants, pulp mills and refineries. The skilled staff is highly mobile and dedicated, working until the job is complete with the highest quality control. OFFICE 3 STAFF 1 secretary comptroller I Marketing manager 1 Quality assurance and Research 1 more person to be added in the future TRADE TRAINING - - No staff Classes of 3 to 4 persons will complete 2 week of electronic, safety, gtudity assurance and education in metals. Most of these sessions are held on site of the clients such as the refinery and Lepreau. A part will be at the RPC labs in Fredericton . This course is accredited and we plan 4 sessions per year. Most students will be from here and will be sent on jobs coast to coast but live here. This reverses the trend of mega project experience here in Saint John. WAREHOUSE; No staff The electronic product we will manufacture will be housed at the site along with the ceramic blankets and specialized insulation required . We will have extra space that will be used for associated companies perhaps for peat moss , paper rolls and other dry products . We will have no gas ,oil or chemicals. ELECTRONICS ASSEMBLY; 2 staff may grow to 3 Bench assembly of Computer controlled Heat treating mobile units valued at $27m each will make us the only Canadian made supplier and we have orders to produce 5 to 7 units per month for 2 years. This is complex bench work and many of the components are made right here in NB. Our intent will be further encourage the New Brunswick pants makers. ELECTRIC KILNS; No staff We now propose the electric kilns to be housed within the building _ These kilns are of varying sizes and run by electricity using no chemicals and produo,- NO waste. The parts such as saw blades, manufactured parts and drill bits are prepared by others and arrive at the kilns ready for treatment which consists of raising them to high temperatures in a controlled way and also cooling them at a controlled speed, thus Tempering, Kilns will be supervised by assembly staff. APR -08 -99 THU 11:01 AM GLENN.CARPENTER 5067388404 P.03 3 In Saint John many persons in the ceramic or fine metals arts have similar kilns operating in their homes. One kiln is larger and is proposed to be maintained at the rear- of the building .Think of a large pizza oven that operates at 1200 degrees, the size of a dumster. This unit is operated with propane gas and can handle plow blades. The blades come prepared for treatment and require no chemicals and the propane is. a clean energy source. GREEN HOUSE ; No staff This request is purely separate in that we feel the sensitive nature of the location lends itself to growing of trees and Shades of Green will be requiring more space in the future. We are organic growers. Ms. Andrews raised some good questions; 1. NOISE -- Kilns are electrical and make no noticeable noise and we propose only inside the building operation will provide total control. 2. STREAMS- - We have noted these two streams and would plan on a simple cleanup of garbage or foreign objects to enhance the streams and we will neither take anything from them or allow anything to be part into them. I should think they may be a nice place for people to walk. These waters are an asset to the community and the property and will be protected for the enjoyment of neighbours and staff. 3--- TREES Shades of Green already has 3 reforested properties in Bellisle , Westfield and Pennfield and we have .35 years experience in forest care. The forest surrounding the building is considered a large plus for a company in electronics because it provides a wonderful life style that encourages creativity and calmness, both requirements for quality product and service providers. We propose no removal of healthy trees and only a few very dead ones, understanding the wild life requirements for both_ The objective will be to care for the trees to make the property healthy and inviting. The property lends itself to small trails for those who enjoy nature to walk no motors and no hunting.. Both Mr Cosman and Ms Andrews are long time residents that maintain their propoerties carfully and I plan on snaking them friends and advisors for tlris project. This property has about 5 acres behind and along with the setback owned by the Town of Rothsay provides a very strong buffer for their water supply. On the Saint John side there is already an 85 foot buffer set aside for future recreation . The site has a drilled well and a septic field that is adjacent to the building and is constructed of good quality gravel. Records show and previous owners never had a problem. Since the building has 2 sinks and 2 flushes only and no other materials going into the system, we suggest that based on an 8 hour day this facility would have less than half the impact of a regular household on the system APR -08 -99 THU 11:02 AM GLENN.CAPPENTER 5067385404 P.04 FM V .We take full responsibility if any sign of a problem occurs we will replace the unit. . A suggestion that pallet making or wood working shops would be better than this project is simplistic. The proposal we are making is less invasive to the environment than anything to do with wood pallets . We use only electricity and propane providing a no smoke no chemical high tech business that will stapply meaningful highly skilled work in Saint John. In other projects undertaken we have proven the value of tailor fitting business opportunities to unique locations . From personal experience 1 am very sensitive and knowledgeable to the water supply in our city and area and hope you will agree that this project has no negative side related to this area. To your Planning advisory commission, related to staff and Rothesay planning, we suggest they might consider an interview as part of the process so they might consider something other than a written plan. I have the distinct feeling our plan may not have been received in the way we have envisioned. We hoped some credit would be placed on current projects in the city and also the experience of the presenter. We would also ask you to consider the environmental responsibility our �3taff for already have in the final work on vessels , boilers and pipes at the Nuclear plant or the Oil Refinery quality always. SAFE rY BEFORE COSTA. 2468 Golden Grove Road, Saint John, N.B. E2N 1Z9 26 March, 1999 Tel 847 -7129 Planning Advisory Committee,�y�f[ City of Saint John, '\ P.O. Box 1971, Saint John, N.B. UAR 29 1999 E2L 4L1 Dear Sirs, Re: Proposed Amendment to Conditions of Zo •., 2435 -2441 Golden Grove Road v f. This is primarily a residential area. Many of the residents have been here for well over 25 years. When the original owners of the property in question requested re- zoning to Light Industrial we were worried, but considering the nature of the industry involved and their willingness to adhere to the ruling concerning the trees bordering the road, we did not object. This new request confirms our fears. Will there be continual eroding of the residential nature of the area ? I admire the Carpenter's ambition but am concerned that if this venture should fail, what will the next request for re-- zoning be ? While I naturally do not wish to prevent the creation of jobs in Saint John I am concerned on two counts. Firstly, is there anyone on your committee who can vouch for the amount of noise that these furnaces will make ? If not, will an independant- expert be consulted ? Secondly, there are at least two spring fed streams crossing the road and running through the property to the lake. There are laws already in place concerning the disturbance of protective growth bordering such streams. These must be enforced or there will be serious erosion and contamination of the waterways. As for the trees bordering the road - why, if the business is not to be a public outlet, do these have to be removed ? There is no necessity for the industrial nature of the business to be visable from the road and a band of trees would maintain the rural appearance of the area. I strongly recommend that this clause should NOT be altered. It is little to ask ! I invite the Carpenters to visit me to see what careful maintenance of existing natural growth in an area can do to enhance the value of a property. Yours sincerely, Ann C. ANDREWS \ (please note that this has been my name since 1980 - not Darroch) , y RECEIVED`Q'�, , APR 01"A 04/07/99 14:56 TOWN OF ROTHESRY , 96582837 NO.204 902 OV�N OF R0THJELQ-,A-Y--- Incorporated I99$ April 7, 1999 Planning Advisory Committee City of Saint John P.O, Box 1971 Saint John, N13 E21, 4L1 Fax (506) 658 -2837 RE: Proposed Section 39 Amendment, 2435 -2441 Golden Grove Road Dear Committee Members; The Planning Advisory Committee of the Town of Rothesay reviewed the proposed Section 39 Amendment at 2435 -2441 Golden Grove Road at its regular meeting of April 6, 1999_ In reviewing the proposal the Planning Advisory Committee expressed concerns over the type of activities proposed for the site, due to the fact that the site is located with in the boundaries of the Carpenters Pond Watershed, This is a designated drinking water supply under the Clean Environment Act and is the drinking water supply for The Town of Rothesay. The above noted property is also in close proximity to the body of water known as Irwin Lake. Irwin Labe and the surrounding lands are the headwaters for the Carpenters Pond Watershed, The Planning Advisory Committee of the Town of Rothesay views the proposed intensification of activity on this property as a threat to the Carpenters Pond Watershed and is of the opinion that the uses Mr. Carpenter proposed are better suited to an industrial park or other industrial area. If you have any questions concerning the above information please feel free to contact me, truly, ie, MCIP Rothesay Planning Advisory Committee 70 Hmptm Road, R0t1X=y NB E2E'5L5 (306)948 -6600 pex (506)8484677 E -n ail: townrA nbnbet.uhea ,*DES OF �Rfe* � s -2-Y 012- 2483 Westfield Road, Saint John, N8, E2M 6L7 Ph: 506- 738 -8319 Fax: 546- 738 -2111 Email: carpg@nbnet_nb.ca TO " d 1 0.118 a 22L 19 0 9 -ID W" 92: 80 nH1 65 -aO -N 10 2483 Westfield Road Saint John NB. 12M 6L7 Phone Fax 1 -506- 738 -8104 cv.rpg @nbnet. rib. ca Thursday, April 08, 1999 Interblend Corp. Subject; 2441 Golden Grove Road -- GOLBLG2 G 1p,,u C4.rPe er I "gave been dedicating my time over recent years in developing businesses and jabs in New Brunswick. The criteria has been to search out businesses that have a synergy that fit together with others in the community and taking advantage of a business opportunity. Presently this method, using an extended family of talent and investment, has created 40 small businesses that employ 412 persons in New Brunswick. We do business in 15 countries and growing, requiring a high level of quality. Our companies and experience have a long reputation for sound environmental concern and management, for example ,I believe its imporiarit to be able to xvalk to work and we frequently accomplish this and employ persons in the community. Requested change to anything is always perceived as safer to say no, but in fact maybe having a business as we propose can actually better protect and appreciate the natural way of the site. A viable successful business with potential to look after property must be better than a marginal idea such as pallet or sinall wood working shop. I appreciate the opportunity to try to breath some life into a cold written request.. Mr. Chapman of Rothsay Planning has asked no questions but does not approve any development as a general principal. Firstly the Town of Rothesay has purchased land around the lake and of course had the same opportunity to purchase this property as I did. My intention is full co- operation to support the concerns of Mr. Chapman but his fully negative response should be considered in the above light. M. Ann Andrews posed some excellent questions and I have talked with her and have visited the site with her to review her ideas and suggestions. Mr Cosman is the nearest neighbour and the original owner of the property and his only concern is to keep the trees in front intact and we certainly will comply. Li sonde other communities science parks have been established that address the realities of clean businesses and research companies that desire clean air, clean Z0'd vovaS2L909 NAIN3d?JH8'Nh131f) wm �_!R:8o nHl 66- 80 -NJU Z water and clean woods with a quiet mental and emotional atmosphere . With other such businesses we already are established in Drury cove and at the Ketepec school . The proposal before you fits this category and will bring an electronic , knowledge and research industry to life here in Saint John. The Electronics and science of Tempering is a niche science that requires highly skilled and dedicated persons to perform work at client sites such as pipe lines, energy plants, pulp mills and refineries. The skilled staff is highly mobile and dedicated, working until the job is complete with the highest quality control. OFFICE 3 STAFF 1 secretary comptroller 1 Marketing manager 1 Quality assurance and Research 1 more person to be added in the future TRADE TRAINING - - No stalk (:lasses of 3 to 4 persons will complete 2 week. of electronic, safely, quality a� ,,surance and education in metals. Most of these sessions are held on site of the clients such as the refinery and Lepreau. A part will be at the RPC labs in Fredericton . This course is accredited and we plan 4 sessions per year. Most students will be from here and will be sent on jobs coast to coast but live here. This reverses the trend of mega project experience here in Saint John. WAREHOUSE; No staff' The electronic product we will manufacture will be housed at the site along with the ceramic blankets and specialized insulation required . We will have extra space that will be used for associated companies perhaps for peat moss , paper rolls and other dry products . We will have no gas ,oil or chemicals. ELECTRONICS ASSEMBLY; 2 staff may grow to 3 Bench assembly of Computer controlled Heat treating mobile units valued at Win each will make us the only Canadian made supplier and we have orders to produce 5 to 7 units per month for 2 years. This is complex bench work and many of the components are made right here in NB. Our intent will be further encourage the New Brunswick parts makers . ELECTRIC KILNS; No staff We now propose the electric kilns to be housed within the building _ These kilns are of varying sizes and run by electricity using no chemicals and produce NO waste. The parts such as saw blades, manufactured parts and drill bits are prepared by others and arrive at the kilns ready for treatment which consists of raising them to high temperatures in a controlled way and also cooling there at a controlled, speed, thus Tempering. Kilns will be supervised by assembly staff_ 20 1 d b0t#882 -905 NA- LN3dN0:D ' NN31D wu 82:80 nHl 56- 80 -adV 3 In. Saint John many persons in the ceramic or fine metals arts have similar kilns operating in their homes_ One kiln is larger and is proposed to be maintained at the rear of the building _'Think of a large pizza oven that operates at 1200 degrees, the size of a dumster. This unit is operated with propane gas and can handle plow blades. The blades come prepared for treatment and require no chemicals and the propane is a clean energy source. GREEN HOUSE ; No staff This request is purely separate in that we feel the sensitive nature of the location lends itself to growing of trees and Shades of Green will be requiring more space in the future. We are organic growers. Ibis. Andrews raised some good questions ; 1. NTOISE -- Kilns are electrical and make no noticeable noise and we propose only inside the building operation will p.-ovide total control. 2. STREAMS- - We have noted these two streams and «ould plan on a simple cleanup of garbage or foreign objects to enhance the streams and we will neither take anything from them or allow anything to be put into them. I should think they may be a nice place for people to walk. 'These venters are an asset to the community and the property and will be protected for the enjoyment of neighbours and staff. 3 - -- TREES -- Shades of Green already has 3 reforested properties in Bellisle , Westfield and Pennfield and we have 35 years experience in forest care. The forest surrounding the build* is considered a lrrge plus for a company in electronics because it provides a wonderful life style that encourages creativity and calmness , both requirements. for quality product acid service providers. We propose no removal of healthy trees and only a few vwry dead ones, understanding the wild life requirements for both, The objective will be to care for the trees to make the property healthy and inviting. The property lends itself to small trails for those who enjoy nature to walk no motors aid no hunting- Both Mr Cosman and Ms Andrews are long time residents that maintain their propoerties carfully and I play on making them friends and advisors for this project. This property has about 5 acres behind and along with the setback owned by the Town of Rothsay provides a very strong buffer for their water supply. On the Saint John side there is already an 85 foot buffer set aside for future recreation . The site has a drilled well and a septic field that is adjacent to the building and is cons"eted of good quality gravel . Records show and previous owners never had a problem. Since the building has 2 sinks and 2 flushes only and no other materials going into the system, we suggest that based on an 8 hour day this facility would have less than half the impact of a regular household on the system V0 ' d V@tr88£L905 ZJ31N3dNM3 ' NN3 -In WU 62: 80 nHl 66- 80-ado .We take full responsibility if any sign of a problem occurs we will replace the writ. -A suggestion that pallet making or wood working shops would be better than this project is simplistic. The proposal we are making is less invasive to the environment than anything to do vArth wood pallets . We use only electricity and propane providing a no smoke no chemical high tech business that will supply meaningful highly skilled work in Saint John. In other projects undertaken we have proven the value of tailor fitting business opportunities to unique locations _ From personal experience I am very sensitive and knowledgeable to the water supply in our city and area and hope you will agree that this project has no negative side related to this area. To your Planning advisory commission, related to staff and Rothesay platming , we suggest they might consider an interview as part of the process so they might consider something other than a written plan. I have the distinct feeling our plan may not have been received in the way we have envisioned . We hoped Borne credit would be placed on current projects in the city and also the experience of tr a presenter. We would also ask you to consider the environmental responsibility our staff for a.l ready have in the final work on vessels , boilers and pipes at the Nuclear plant or the Oil Refinery quality always SAFETY BEFORE COSTA. 90'd tr0V882 )-905 N31N3dZAV3'NN31D WV OV:80 nHl 66- 80 -NJO 4Nagvr's (Office April 8, 1999 ji-xint jv4n,,T_ _ OPEN SESSION OF COUNCIL Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Deputy Mayor and Councillors: Since the early 1900's the Common Council of the City of Saint John has had an item identified as Mayor's Remarks on the Common Council agenda. This, of course, is very similar to most business meetings where an item is identified as Chairman's Remarks. Normally the Chairman of a meeting has the authority to make general remarks at the meeting. Mayor's Remarks are informational items that are made to promote individuals, organizations, community activities, event announcements, etc. Mayor's Remarks are not items that are to be discussed, debated and voted on. Back in the 1970's a resolution was passed requesting the Mayor to publicize proclamations for community groups under Mayor's Remarks. Prior to that date, public advertisements were placed in the local newspaper and paid for by the City of Saint John. As funding was a concern, publicity for proclamations is now obtained through the Mayor, by having the proclamation read at the Open Session of the Common Council meeting. In recent years the Mayor has extended the courtesy to all Members of P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, C,,NADA E21L 411 . (506) 658 -2912 Common Council to have the opportunity to speak under Mayor's Remarks to make announcements or comments in the same manner and under the same conditions as the Mayor. I am disappointed that this issue was challenged by a Member of Council, as I have always felt that Mayor's Remarks have been of great benefit to our citizens and the entire community. I have a desire to continue with Mayor's Remarks, however, I am not prepared to be challenged on a weekly basis on whether this issue should or should not be on the agenda. If the majority of Members of Common Council wish to have Mayor's Remarks on the agenda, we will proceed to do so at next week's meeting. Yours sincerely, Shirley A. McAlary MAYOR SM/meg �0� To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat Monday, March 22, 1999, on when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That the amount paid for each day that a member of the Common Council is absent from the City on civic business be increased from $25.00 to $125.00. April 12, 1999, Saint John, N.B. Respe tfully submitted, Shirley McAlary Chairman. REPORT TO COMMON COUNCIL M & C-99-110 April 7, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Traffic Controllers BACKGROUND: Tenders have been received for the supply of Six (6) new 4 phase electronic traffic controllers. This is part of an on going maintenance and up grade program designed to replace the existing obsolete equipment this year. ANALYSIS: Three companies responded to the City's tender call by submitting bids. A summary of the tenders is enclosed for your consideration. Staff of Materials Management and Municipal Operations have reviewed the tenders and have found them to be complete in every regard. FINANCIAL IMPLICATIONS: The total cost of 6 new electronic traffic controllers, if awarded as recommcnded,will be $40,764.00, plus tax. This is a planned expenditure and as such, funds to cover the cost to purchase 6 new units is included in the 1999 Operating budget. - 2 - RECOMMENDATION: It is recommended that the tender of Tacel Ltd., of Toronto, in the amount of $40,764.00, plus tax, for the supply of Six (6) -4 phase electronic traffic controllers, be accepted. Respectfully submitted, 7 David LogPPB Purchasing Agent A#j,rew P. Beckett, CA Commissioner of Finance JXJL. Totten, CA City Manager - J - SUMMARY OF BIDS TENDER 99- 631001T ELECTRONIEGA FORTRAN TACEL TRAFFIC LTD. DESCRIPTION SYSTENIS LTD. Candiac, QC Scarborough, Ont. Toronto, Ont. 6 - 4 Phase Electronic Traffic $10,500.00 $7,123.00 $6,794.00 Controllers as specified Total Amount: $63,000.00 $42,738.00 $40,764.00( *) (X) Indicates Recommendation OPEN SESSION M &C -99 -111 March 11, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Housing Incentive Program Application HIP -85, 86, and 87. 0 City of Saint John There have been 84 earlier applications, for a total of 667 units, previously approved for the Housing Incentive Program. The potential assessment increase will be nearly $63 million when all of the developments are completed. The following additional applications have been received. Applicant #85 Blanchard Homes Ltd. #86 Sierra Supplies Ltd. #87 Hank Merchant and Walter Vincent Location # and Type Estimated of Unit Grant Bon Accord Subdivision 15 units $120,000 one and two family Lakewood Avenue West 6 units $48,000 one and two family Woodward Avenue 4 units $40,000 single family These applications will result in 25 housing units being established over the next two years. The total increase in assessment is estimated to be approximately $2,000,000. Report to Common Council March 11, 1999 Page 2. Strategic Plan Conformity/Existing City Policy The development meets the criteria of the program as approved by Common Council on April 21, 1996. 2. Input from Other Sources Estimates of construction have been reviewed and reflect submitted plans and building permit estimates of value. Financial Implications The Capital Budget contains sufficient funds to meet this obligation. RECOMMENDATION: It is recommended that Common Council approve the Housing Incentive Program applications fox: HIP# 85 Blanchard Homes Ltd. for an estimated grant of $120,000. HIP# 86 Sierra Supplies Ltd. for an estimated grant of $48,000. HIP# 87 Hank Merchant and Walter Vincent for an estimated grant of $40,000. Respec jfully submitted, m1 R. Baird, MCIP Manager Community Planning Claude MacKinnon, P.Eng. Commissioner Environment & Development Services 'l�errence Totten, CA City Manager JRB /mmf COMMUNITY PLANNING 195 f91 0�` \� 192 G� `\gvR ,a e (GOB\ 191 4 4 154 IH 7 a5 40 IBO 183 v � 2 36 0 17 h 41 Z VG 179 ,72 / y1 175 0 2 2 B 7 1 �O 16 8 n R- 4 G lh4 163 t 16 156 I 59 \ Q� la Is5 I5 z a Gp - a 13111 148 J a 2a V. �y� 144 19 M 23 �„ 5 `SQ�� 145 140 15 132 135 131 7 11a 120 l00 112 5 113 lid S 10 5 115 100 130 i`\��i 105 106 98 RS— 2 R M_ 1 9 9a 1 _ ri 94 / 7 9 0 - -J 37 36 d —� —� \/ -2 73 — 76 NBGIC Number (s): Subject Site: ti`, 55096267 l „�L 55096341 55086748 Address: McGreggor Place & Strathorne Avenue Ma Number: 07P -11 NE Date: Aril 6, 1999 Scale: N.T.S. 7. o A 'G . f� r� A:& la V 1� COMMUNITY PLANNING 54! P O� 53 �O 44 45 4 Cl " ac/ 1 I 2485 �CF ST 24e i r t NBGIC Number (s): 55123376 Subject Site: �� , ; J �' 55123384 55123392 Address: Lakewood Avenue West Ma Number: 07P -11 NW Date: Aril 6, 1999 Scale: N.T.S. COMMUNITY PLANNING 300 //� A 509 IL — 2 Z se] 510 f- gUARS HEAD 556 Me R � � SIS 5 0 7c5 sol 495 4 8 • 41, s57 Z a 761 ` Q 563 \ r 4 5 7 o ()OD DRIVF l 0 O P�V1 � . 1 .t 12 16 9 R i SB9 24 15 - .fJ 19 � 3 23 D - 1 4 • 6 � 11 5 . , 12 IS 9 ; 1 � I1 19 j RS- 2 23 t NBGIC Number (s): Subject Site: H 1,� � 7 1 _ 55119747 ,J I� 55119762 55119770 Address: Woodward Avenue 55119754 Map Number: 06N -D4 Date: Aril 6, 1999 Scale: N.T.S. REPORT TO COMMON COUNCIL M &C99 -113 -' April 7, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship and Members of Council, SUBJECT: Spring Clean -Up Week BACKGROUND City of Saint John A popular service offered to the residents of Saint John has been the annual Spring Clean -Up Week Campaign. This program provides an opportunity for citizens to dispose of those large, bulky household items not normally collected or eligible for pick up during normal weekly garbage collection service. Council has, once again, made a commitment to the program in 1999. The purpose of this report is to update Council on preparations for this year's campaign and to bring the matter before the public for their information. ANALYSIS The annual Clean-Up Week has long been a tradition in Saint John. A week is designated each spring where a special pick up is made of all those household items not normally able to be collected and disposed of by a regular weekly garbage collection service. These items include such things as furniture, large appliances, and yard waste, items like old lumber, tree limbs, and the like. The program generates a lot of interest and participation by citizens. It promotes property and household clean- up, and serves to help people improve the appearance of properties and reduces incidents of illegal dumping in remote locations. A large amount of additional refuse is usually collected during this week, the nature of which requires a relatively large - scale operation of men and equipment. The campaign is conducted over the course of one week, on each regular scheduled day - but at a cost of close to $200,000, approximately nine percent of annual residential garbage collection costs. The additional amount of material collected is in the order of 1,000 to 1,200 metric tons, over and above the weekly average of about 400 tonnes of residential garbage. M &C 99 -113 City of Saint John Spring Clean Up April 7, 1999 Page 2 This year's Clean -Up Week is planned for May 10`h — 14`h Residents are encouraged to take advantage of the program. Public notices will appear in the local newspaper, outlining dates and guidelines for the types of material eligible and not eligible for pick up. At the same time, Building Inspections will conduct its annual program for removal of junk vehicles from properties. FINANCIAL IMPLICATIONS We estimate that the program will cost in the order of $200,000. Significant in this is the tipping fee for disposal of waste material at the Crane Mountain Landfill site. RECOMMENDATION It is recommended that the 1999 Clean-Up Week Campaign be held during the week of May 10`h — 14`h, and that this report be received and filed. Respectfully submitted, 4 Shayne Galbraith, P.Eng. i e of Works J.M. Paul Groody, P.Eng. Commissioner of Municipal Operations Te nce L. Totten, C.A. City Manager REPDXT TO COMMON COUNCIL M & C — 99 -112 April 8, 1999 Her Worship Shirley McAlary And Members of Common Council Your Worship and Councillors: RE: Procedure for the recovery of Municipal City Bylaw Fines Background City of Saint John Prior to May 1998, we processed all our tickets in accordance with summons exparte warrant procedure on both the parking meter tickets and the city bylaw parking tickets. The Justice Department collected all monies under this system with one hundred percent (100 %) of any monies collected being returned to the City. In May of 1998, the City Solicitor advised that we had to change the way we processed our city bylaw tickets from a summons exparte warrant system to summon exparte notice of default system. If a city traffic bylaw ticket remains unpaid after a notice of default is issued the Justice Department forwards the matter to the Motor Vehicle Branch where it falls into their regular procedure for collecting fines. Late in 1998, we determined that the proceeds from the city bylaw fines being collected by the Motor Vehicle Branch were going in the Provincial General Revenue Fund and not being returned to the City. Staff have been advised that there is no motor vehicle driver record system in place at the Motor Vehicle Branch to track the location of the city bylaw fines generated by a municipality or a procedure in place to return the monies collected to that municipality_ The City, represented by Parking Commission staff, have met with representatives from the Motor Vehicle Branch in an effort to determine what steps need to be taken in order have the city bylaw revenue forwarded to the City once it has been collected. It has been determined that the outstanding fine revenue owed to the City since May of 1998 is approximately $4,620_ The required changes to the Motor Vehicle Branch's computer systems will take time to implement and accordingly an interim arrangement has been developed_ AnalL In order to ensure timely reimbursement of fine revenues and provide the City with the desired reports, the Motor Vehicle Branch have proposed a manual review of revenues collected_ It has been mutually agreed at a staff level that a service fee arrangement would be an appropriate means of assisting in defraying the associated costs. The service fee would be calculated at 20% of the fine amount to a maximum of $1 0.00. In other words, if the fine were $100.00, the service fee would still be $10.00 but if the fine were $30.00, the service would only be $6.00_ It is estimated that the annual service fee would amount to approximately $1,000 based on current volumes. Our preferred method of collection would be to collect the entire amount of the fine. However, the amount of the service fee mentioned above appears fair in return for the service that would be carried out by the Motor Vehicle Branch. Input from other sources We have discussed this matter with the Cities of Moncton and Fredericton_ Fredericton has since approved this arrangement. The City Solicitor has advised that, so long as the amount retained by the Province represented a fair charge for the additional services which the City would receive from the Province, the proposed arrangement would be proper. Richard Smith from the Parking Commission has carried out the discussions with the Province and the Cities of Fredericton and Moncton. The service fee outlined above is felt to be fair because the Motor Vehicle Branch is collecting the fines on our behalf and will be providing us with our revenue in prompt and efficient manner. In addition, they have agreed to provide the City with regular monthly reports that will outline which tickets have been paid and which tickets still remain outstanding. Recommendation It is recommended that Common Council approve the following resolution: Resolved that Common Council hereby authorizes for a period of six months the proposed procedure for recovery of City Traffic By -law fines, as set out in the City Manager's report dated April S, 1999. Respectively submitted, Andy ' P. Beckett, CA Commissioner of Finance and Corporate Services Te nce Totten, CA City Manager Planning Advisory Committee OPEN SESSION April S, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Amendments to the Flood Risk Area By -law City of Saint John On March 15, 1999 Common Council referred the above -noted matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. Notices that the Committee was considering this matter were placed in the newspaper on two occasions, but no letters or presentations were received by the Committee. The recommendation contained in the attached report was adopted. RECOMMENDATION: That Common Council amend the Flood Risk By -law of the City of Saint John as outlined in the attached material marked "A ". Respectfully submitted, ff Attachments Pro osed Amendments to Flood Risk Area B -Law Headin • delete the word "Area" and substitute "Areas" General delete the word "bylaw" wherever it appears in the by -law and substitute the word "by- law" delete the words "flood storage capacity" wherever they appear in the by-law and substitute the words "flood water storage capacity" . delete the words "Director of Engineering" and substitute the words "Chief City Engineer" • add Section 2.1 as follows: delete the word "Act" wherever it appears in this by -law and substitute the words "Community Planning Act" Sect • delete the word "Area" and substitute the word "Areas" Sect (2) delete the word "the" and substitute the word "The" (3) re "development" - delete the words "means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include" and substitute the word "includes" Sect • repeal subsections 2 to 7 inclusive Sect (2) - repeal subsection (2) and substitute the following: "subject to subsection 10(1) a development that would reduce the flood water storage capacity of any flood risk area" (3) - repeal subsection (3) -2- Section 6 (2) - amend by adding the following: "(xiii) where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready" (4) - repeal (5)(e) --- repeal (5)(f) - delete the words "Director of Engineering" and substitute the words "Chief City Engineer" Section 7 • repeal subsection (3) Section 10 (1) - repeal subsection (1) and substitute the following: "(1) a development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of the development or any portion thereof." Section 13 - repeal Section 15 (3) - repeal subsection (3) and substitute the following: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for the City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." Community Jim Baird MCIP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4LI DATE: APRIL 1, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING [Cola MEETING OF APRIL 7, 1999 •'rte ?4I��; John Ji unity Planning SUBJECT: Amendment to the Flood Risk Area By -law JURISDICTION OF THE COMMITTEE: The Community Planning Act requires that Common Council seek the views of the Planning Advisory Committee prior to adopting amendments to the Flood Risk Area By -law. ANALYSIS: The attached report from the City Solicitor outlines a number of amendments, which are necessary to facilitate the administration of the By -law. There are no policy changes proposed and the nature of the amendments are explained in the attached material. First and Second Reading was given on March 15, 1999 and the item referred for the Planning Advisory Committee's views. No public hearing is required for these types of amendments. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Flood Risk By -law of the City of Saint John as outlined in the attached material marked "A ". Attachment /5 Legal Department John L. Nugent City Solicitor March 12, 1999 P.O. BOX 1973 Saint John New Brunswick Canada E2L 4Li Tel.: 506 658 -2860 Fax: 506 658 -2802 Her Worship Mayor Shirley McAlary City of Saint John And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Re: Amendments to Flood Risk Area By -Law Several months ago Council directed that an amendment to the by -law be prepared which would: "... allow the Building Inspector to accept a sum of money from a developer in lieu of requiring compensatory storage, when such storage is not practical or possible; ". The Community Planning Act is the source of the City's authority to enact a Flood Risk Area By -Law and the Act does not permit the amendment sought by Council. According to the Act only Common Council is able to accept money for compensatory flood water storage capacity and only within the relatively narrow circumstances identified in Section 41.2(6) of the Act. I have addressed this latter issue in recent correspondence to Council dated February 19, 1999. However, in the course of examining the Flood Risk Area By -Law and its enabling legislation, a number of provisions were identified which would benefit from amendment. The Building Inspector is responsible for administering the By -Law and we have discussed with him the proposed amendments. He is in agreement with them. I am attaching an office consolidation of the Flood Risk Area By -Law provided by the Building Inspector for reference. ... / 2 IMEMEMENNEM Mayor and Council March 12, 1999 Page 2 The proposed amendments deal with the following matters: 1. Recognition that development may occur in a flood risk area provided that the development occurs without reducing the flood water storage capacity of the area. Sections 4(2) and 10(1) are proposed to be amended to permit such development and to expressly provide that compensatory flood water storage capacity must be provided so that at no time does the development produce a net reduction in the flood water storage capacity. 2. The deletion of superfluous provisions as well as those rendered unnecessary as a consequence of other amendments. *Subsections (2) to (7) inclusive of Section 3 are merely descriptive of what the By -Law provides -- they are commentary and have no operative effect. They are not appropriately part of the By -Law and should be removed. •Section 6(4) states that the Building Inspector "may" recommend that Council impose terms and conditions upon a development. It does not confer any authority upon the Building Inspector, who may make such recommendations whether or not the By -Law addresses the issue. Consequently, that provision is better deleted. *Section 7(3) requires that a deposit be delivered to the Building Inspector for each development to which the Flood Risk Area By- Law applies. The Building Inspector advises that this provision has been construed to encourage the timely provision of compensatory flood water storage capacity. The proposed amendment to Section 4(2) and Section 10(1) expressly provide that a development shall not be undertaken which would produce a net reduction in the flood water storage capacity of an area, and consequently 7(3) is no longer necessary. .../3 Mayor and Council March 12, 1999 Page 3 •Section 13 simply describes a variety of flood protection measures which "... may be used ". Those options and others are available independently of the By -Law and as this section neither poses obligations nor confers rights, it is better deleted. 3. The correct and accurate designation of municipal officials, within the By -Law. Reference is made to the "Director of Engineering" a position which no longer exists in the City's establishment. It is suggested that the reference be changed to the Chief City Engineer. 4. Miscellaneous matters such as: • changing the title to reflect the existence of four separate flood risk areas, i.e., Flood Risk Areas By -Law. • changing the term "flood storage capacity" to the term used in the enabling legislation, namely, "flood water storage capacity". In summary I would recommend that Common Council: I. Give first and second reading to the proposed amendments attached to this correspondence and marked "A "; and Il. Request the written views of the Planning Advisory Committee on those proposed amendments. Respectfully submitted, �G Jc n L. Nugent City Solicitor :cd k !, Pro osed Amendments to Flood Risk Area B -Law Headin • delete the word "Area" and substitute "Areas" General • delete the word "bylaw" wherever it appears in the by -law and substitute the word "by- law" • delete the words "flood storage capacity" wherever they appear in the by -law and substitute the words "flood water storage capacity" • delete the words "Director of Engineering" and substitute the words "Chief City Engineer" • add Section 2.1 as follows: delete the word "Act" wherever it appears in this by -law and substitute the words "Community Planning Act" Section 1 • delete the word "Area" and substitute the word "Areas" Section 2 (2) delete the word "the" and substitute the word "The" (3) re "development" - delete the words "means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include" and substitute the word "includes" Section 3 . repeal subsections 2 to 7 inclusive Section 4 (2) - repeal subsection (2) and substitute the following: "subject to subsection 10(1) a development that would reduce the flood water storage capacity of any flood risk area" (3) - repeal subsection (3) -2- Section 6 (2) - amend by adding the following: "(xiii) where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready" (4) - repeal (5)(e) - repeal (5)(f) - delete the words "Director of Engineering" and substitute the words "Chief City Engineer" Section 7 • repeal subsection (3) Section 10 (1) - repeal subsection (1) and substitute the following: "(1) a development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of the development or any portion thereof." Section 13 - repeal Sect (3) - repeal subsection (3) and substitute the following: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for the City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." THE FLOOD RISK BYLAW OF THE CITY OF SAINT JOHN, NB Be it enacted by the Common Council of the City of Saint John, as follows: TITLE This bylaw may be cited as the "City of Saint John Flood Risk Area Bylaw ". INTERPRETATION 2. In this bylaw (1) "Building Inspector" means the Building Inspector appointed by the Council. (2) "Council" means the Common Council of tlle City of Saint John. (3) "development" means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include: (a) the erecting, placing, relocating, structurally altering or replacing of a building or structure, and any excavation or other site work preparatory thereto, except in respect of utility poles and wires, traffic control devices or statutory signs and notices, (b) the resurfacing of any area, (c) the alteration of land levels on the topography of any area, including excavation, and (d) the placing or dumping of landfill in any manner. 4) "flood- proofing" means either the use of building materials that are less affected by inundation during flooding or structural changes to buildings to keep water from entering and causing damage. Typical measures include sealing walls to control seepage, permanent closure of unnecessary openings, removable bulkheads for necessary openings, raising floor level elevations above the maximum expected flood level, and proper anchorage to prevent buoyant forces from lifting buildings off their foundations. (5) "flood storage capacity" means that volume contained over a certain area between the ground elevation at the time of the passing of this bylaw and the flood protection elevation shown on Schedule "A ". (6) "flood protection elevation" means the existing ground elevation along the line delineating a flood risk area designated by the Minister of the Environment. (7) "landfill" means the placing or dumping, with or without compaction, of earth, sand, gravel, rock, nubble, rubbish, garbage, snow, ice, or other natural deposit or any man -made materials whether similar to or different from any of the aforementioned materials, whether, originating on the site or elsewhere, used or capable of being used to raise, lower or in any way affect the elevation or contours of the ground. (8} "normal floodway" means the area along the watercourse needed to carry water to the flood protection elevation at any locatloll as shown on Schedule "A" along with a strip of land 4.6 metres (15 feet) in width on either side of this area; and is more precisely defined as the area included within the distance shown from the centre line of the watercourses listed in Section 5. SCOPE OF BYLAW 3. This Bylaw, (1) applies to the flood risk area(s) designated by the Minister of the ]Environment of the Province of I�ev; Brunswick which are shown on the maps) attached hereto as Schedule "A" and entitled "City of Saint John Flood Risk Area(s) designated by the Minister of the Environment" of the Province of New Brunswick under Section 41.1(1) of the Act. The flood risk areas so designated are: (i) the Lower Marsh Creek Flood Risk Area (ii) the Glen Falls Flood Risk Area (iii) the Mystery Lake Flood Risk Area (iv) the Kelly Lake Flood Risk Area 3 (2) provides, within the flood risk area(s), for (i) the maintenance of an adequate floodway for conveyance of flood waters, the conservation of the flood storage capacity of any area, and the protection of new development from the risk of flood damage. (3) prescribes engineering techniques to be followed in all development within the flood risk area; (4) prohibits all development except in accordance with the prescribed engineering techniques. (5) (i) requires that all development flood b out so as not to reduce i teood storagCapac ty of suearea and (ii) prohibits development in any other manner; (6) prohibits development that would obstruct or the normal floodway or free floe of flood g a flood period (7) provides for a system of permits and the manner of application therefor, including fees to be paid, as well as the conditions of their issuance, refusal or cancellation. PROHIBITIONS 4. The following are hereby prohibited: (1) development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period. (2) development which will reduce the flood storage capacity of the flood risk area or the subject development area. (3) development not in accordance with the prescribed engineering techniques herein. 5. {1} No building or structure shall be erected, placed, relocated, structurally altered or replaced and no take in the normal floodway within t he flood risk are I 4 floodway is defined to be within the following distances of the following watercourses, Marsh Creek Forebay to One Mile House 26 metres 85 ft. One Mile House to Ashburn Road 23 metres (75 ft.) Ashbum Road to Junction of East and 'West Branches of is metres (59 ft.) Marsh Creek West Branch Marsh Creek Marsh Creek to Ashburn Creek Ashburn Creek to the inter- section of the West Branch of Marsh Creek With the line delineating the flood risk area (approximately at Rothesay Road) as shown on plan of the Glen Fails Flood Risk Arca 12 metres (39 ft.) Ashburn Vest Branch of Marsh Creek Creek to intersection of Ashburn Creek with the line delineating the flood risk area (approximately at Foster Thurston Drive) as shown on the plan of the Glen Falls Flood Risk Area East Branch Marsh Creek Marsh Creek to Cold Brook Cold Brook to the inter- section of the East Branch Marsh Creek with the line delineating the flood risk 12 metres (39 ft.) 10 metres (33 ft.) 13 metres (43 ft.) 5 area (approximately at - Glen Road) as shown on the plan of the Glen Falls - Flood Risk Area 9 metres (30 ft.) Cold Brook East Branch to Golden 13 metres (43 ft.) Grove Road Majors Brook Marsh Creek to Westmorland 11 metres (36 ft.) Road (2) Notwithstanding subsection (1), a development may be permitted where (a) such development will f� odt �lateo floodway or free flow o s during a flood period and (b) it is to be carried out so as not to reduce the flood water capacity of the affected area MAINTENANCE OF THE FLOODWAY 5.1 (1) The owner of a property containing a portion of the nornial floodway described in Section 5 hereof shall maintain therein adequate capacity for the conveyance of flood waters. (2) it shall be the owner's responsibility within the portion of the normal floodway on his property to; (a) maintain at his own expense any retaining wall or other structure, in such a condition that it neither reduces the capacity of the normal floodway nor obstructs, in whole or in part, the flow of water within the said floodway. (b) immediately remove, subject to subsection (3) hereof, at his own expense any retaining wall, other structure, or part thereof which either reduces the capacity of the normal floodway or obstructs, in whole or in part, the flow of water within the said floodway. (c) immediately remove at his normal floodwa }aasrthe result of which collapses within the of the removal or failure of a retaining wall, other structure or part thereof. (3) The provisions of paragraph 2 (b) hereof shall apply only when a reduction 0 or obstruction mentioned therein first occurs subsequent to the enactment of this Section. (4) For the purpose of this Section a retaining wall or other structure may be repaired and a permit obtained therefor, notwithstanding the restrictions established by Section S. APPLICATIONS, PERMITS, RENOVATIONS, ETC. 6. (I) No person shall commence or continue any development, or any part thereof, unless a flood risk area development permit therefor has been issued pursuant to this Section. (2) A person seeking to obtain a flood risk area development permit shall make application in writing to the Building Inspector, and such application shall, (a) be in a form prescribed by the Building Inspector or acceptable to him/her; (b) be signed by the applicant; (c) state the extent and purpose of the proposed development (d) contain in addition to the plans, specifications and other details required under the Building Bylaw and Zoning Bylaw, information relevant to the following, (i) the nature, location, dimensions, and the elevations based on Geodetic Survey of Canada datum of the area in question; {ii) the existing and proposed buildings and structure; (iii) the area and the existing elevations and the proposed elevations (of the alteration of land levels on the topography of any area) including excavation; (iv) the existing and proposed elevations of the area to be used for the placing or dumping of landfill in any manner (v) the extent, location and dimensions together with 7 existing and proposed elevations of any area proposed to be resurfaced; (vi) the location of the storage of materials; (vii) the location and direction of existing drainage facilities; (viii) the information required by Section 9 of this Bylaw in respect of drainage patterns; (ix) the elevation of the lowest floor (including a basement) of all buildings; (x) the elevation to which any existing and proposed buildings are or are to be water proofed; (xi) the location, dimensions, enclosing materials and floor or ground elevations of any proposed on -site water retention area; (xii) the proposed location of any material excavated from the site of the proposed development; 6.(2) (e) When applicable, a copy of the stream alteration permit from the Department of Environment of the Province of New Brunswick. 6.(3) The information required under subsection (2) shall be certified by, (a) A New Brunswick land surveyor in respect of existing and proposed elevations of buildings, structures, land and compensating flood storage facilities and of the precise location of any of all of these and of property lines in relation to the line delineating the flood risk area, (b) a professional civil engineer registered in New Brunswick in respect of any of the foregoing elevations, the conservation of the flood storage capacity of any area and maintenance of an adequate floodway for the conveyance of flood waters and (c) such a professional engineer or an architect licensed to practice in this Province in respect of the flood - proofing and any other protection of new development from the risk of flood damage; 9 (4) The Building Inspector may, after consultation with the City's Director of Engineering and the City's Director of Planning and Development, recommend that Council impose such terms and conditions as will reasonably ensure that the development will be carried out in accordance with the engineering standards, designs and techniques prescribed by this Bylaw and require the developer to enter into an agreement with the City tinder Section 101 of the Act to assure the performance of the said conditions. (5) Subject to the Zoning Bylaw, the Subdivision Bylaw and to Sections 4 and 5, where (a) an application under subsection (2) or an application that is acceptable to the Building Inspector has been received. (b) the fee required tinder section 7 has been paid; (c) the proposed work conforms with this Bylaw and any other applicable Bylaw; and (d) when required the developer and the City have entered into an agreement in respect of terms and conditions imposed under subsection (3) hereof (pursuant to Section 41.3(2) of the Act) (e) provided a deposit pursuant to section 7(3 ) of this bylaw (f) the Director of Engineering has approved the development as conforming to the bylaws. The Building Inspector shall issue the development permit requested. (6) Where any person violates any provision of this Bylaw or the terms and conditions of the permit the Building Inspector shall by written notice served personally on, or sent by registered mail to, the person named in the permit, state the nature of the violation and order the cessation thereof within a reasonable time as provided for in Section 93 of the Act. (7) Where any person fails to comply with an order under subsection (6) the Building Inspector may suspend or cancel the development permit, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended permit. (g) Where the work for which a permit has been issued has not commenced within six months of the date of issuance, the Building Inspector may 10 revoke the permit. (9) No person shall, by the issuing of a permit, the approval of plans or specifications or inspections made hereunder, be relieved of any duty or responsibility for carrying out works in accordance with this Bylaw. (10) The Building Inspector may issue the permit witli such terms and conditions as are appropriate to ensure that the work is carried out in accordance with this bylaw. FEES 7. (1) There shall be no additional fees for a development for which a fee is required under another applicable Bylaw of the City. (2) The schedule of fees set out in the Building Bylaw shall apply to all other developments. (3) A deposit is required for all developments pursuant to this bylaw to ensure that the development is constructed in accordance with this bylaw. The minimum deposit shall be in accordance with this bylaw. The minimum deposit shall be 5500. The amount of deposit shall be set by the Director of Engineering and whenever the deposit exceeds 510,000, Common Council must approve the amount. Furthermore, all developments within the normal floodway shall be subject to the review of Common Council with respect to the amount of the deposit. A deposit for a pennit under this bylaw may be made by means of cash, certified cheque, performance bond, or letter of credit. The Building Inspector may only refund the deposit after the Director of Engineering verifies that the work has been completed in accordance with the permit and this bylaw. APPLICATION OF FLOOD PROTECTION ELEVATIONS 8. Where a proposed development site lies between two elevations shown on Schedule "A ", the elevation which is to apply to the development shall be computed by interpolation. DRAINAGE PATTERNS 9. (1) Plans submitted for developments within the flood risk area shall provide the following information in addition to the requirement of 11 other bylaws and regulations to show the grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any building or structure thereon: (a) Existing and proposed surface elevations to geodetic datum on a 50 foot grid for the site and all adjacent properties and roadways for a distance of 100 feet from the site. (b) Existing and proposed drainage patterns for the site, and for adjacent properties if the drainage pattern on adjacent properties is affected by the development. (2) Development shall not alter the natural direction of runoff or flow in drainage swales or ditches unless provisions acceptable to the Building Inspector are made to accommodate these changes_ COMPENSATING FLOOD STORAGE CAPACITY 10. (1) Subject to subsection (4), where development within the flood risk area reduces the flood storage capacity in that area, the developer shall provide compensating flood storage capacity on site or in the immediate vicinity equivalent in volume to that displayed by the development. (2) Storage maintenance measures which may be applied include but are not limited to the following: (i) On -site storage on roof and parking lots, (ii) Temporary detention ponds (dry ponds), (iii) Retention ponds (.vet ponds). (3) The compensating capacity shall be provided at an elevation equal to or lower than the elevation of the storage displaced, but shall not be at an elevation lower than the natural ground water table in the area at the time of application for the flood risk area development permit. (4) Roof storage to a maximum depth of 10 centimetres (4 inches) maybe considered as part of the compensating capacity. (5) The storage area so provided shall be connected to the existing storm sewer system or the surface drainage network so as to permit effective use 12 of the area for the storage of flood waters. 13 FLOOD - PROOFING 11. Subject to Section G, the developer shall submit in duplicate plans and specifications for flood - proofing a proposed building or structure consistent with the regulatory flood protection elevations shown on Schedule "A" as applying to the site of the proposed building or structure. 12. Buildings and structures shall have the lowest floor, including basement or crawl space elevated to or above the flood protection elevation or be flood - proofed to or above that elevation. 13. The following flood protection measures maybe used, without limitation because of specific enumeration for buildings and structures or parts thereof below the flood protection elevation. (1) Buildings and structures shall be constructed or placed with the longitudinal axis parallel to the direction of flood flow where feasible. (2) Break -away walls or doors to permit through flow during flooding. (3) Anchorage to resist floatation and lateral movement. (4) Installation of watertight doors, bulkheads, and shutters or similar method of construction_ (5) Construction to resist rupture or collapse caused by water pressure or floating debris. (G) Reinforcement of walls and floors to resist water pressure. (7) Use of paints, membranes, or mortars to reduce see page of water through walls and floors. (8) Addition of mass or weight to strictures to resist floatation. (9) Installation of pumps to lower water levels in buildings and structures. (10) Construction of water supply and waste- treatment systems so as to prevent the entrance of flood waters and to prevent uncontrolled discharge of sewage. 14 (11) Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures. (12) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back -up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. (13) Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation below the flood protection elevation. (14) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the flood protection elevation or are adequately flood- proofed to prevent floatation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood maters. (15) Protection against erosion by rip -rap, vegetation cover or bulkheading. AUTHORIZATION 14. The City is hereby authorized to expend public monies for the acquiring of land within the area(s) by purchase or expropriation and for the expenditure of such public funds for construction of dams, holding ponds or any other works or for widening, straightening, deepening or otherwise improving any of the water courses within the area(s) as may be considered necessary within the area(s) for the maintenance of adequate floodNvays, for conveyance of flood water and for the conservation and improvement of flood water storage capacity, with the area(s). ADMINISTRATION 15. (1) The Building Inspector shall exercise such powers and perform such duties as are provided or necessary for the administration of this Bylaw. is r (2) In the absence or disability of the Building Inspector or where there is no Building Inspector, the Deputy Building Inspector shall have all the powers and duties of the Building Inspector. (3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Commissioner of Planning and Development shall be the Acting Building Inspector and shall have all the powers and duties of the Building Inspector. (4) The Building Inspector is authorized by the Common Council to enter at any reasonable time any land or building within the City of Saint John for the purpose of making an inspection or examination relating to a development as defined herein and of administering or enforcing this Bylaw or any provision of the Community Planning Act relating thereto. IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this Bylaw the third day of March A.D. 1980, and signed by: Mayor, the member of the Common Council who presided at the meeting at which it was passed; and Common Clerk First Reading:- February 4, 1980 I Second Reading: - February 4, 1980 Third Reading:- March 3, 1980 Certified true copy the 17th day of March, A.D. the provisions of Sections 66 and 68 of the Community Planning Act having complied with. Donald H. Garey (Sgd,) W1 Donald H. Garey, Common Clerk Saint John, NB M.XBYLAWSTLOOD.BY \1 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: M.URY L. MUNFORD Phone: 658 2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG --Saint John Times Globe; T -J= Telegraph Journal) SJTG City Information Ad - SJTG Independent Placement SJTG Classifieds - T -J Independent Placement T -J Classifieds Date(s): Tuesday, November 9, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) ❑ Mayor's Message ❑ General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 ENACTED BY -LAWS Public Notice is hereby given that the following by -laws enacted by the Common Council of The City of Saint John have been approved by the Minister of Municipalities and Housing if required, and have been filed in the Office of the Registrar of Deeds in and for the County of Saint John and became effective on the dates noted below, namely: 5. A By -law To Amend The City of Saint John Flood October 22, 1999 Risk Area By -law 6. By -law Number C.P. 100 -513 A Law To Amend The October 1, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 27 Paradise Row) 7 By -law Number C.P. 100 -514 A Law To Amend The October 22, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 900 Ashburn Road) 8. By -law Number C.P. 100 -515 A Law To Amend The October 22, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 477 Millidge Avenue) DATED FILED 1. A Law To Amend The Municipal Plan By -law October 22, 1999 (amended Part One, Two and Nine) 2. A Law To Amend The Municipal Plan By -law October 22, 1999 (amended Neighbourhood Plan - Part 10) 3. A Law To Amend The Municipal Plan By -law October 22, 1999 (amended Schedule 2 -A, Future Land Use Plan re 945 Old Black River Road) 4. By -law Number C.P. 100 -498 A Law To Amend The October 22, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 945 Old Black River Road) 5. A By -law To Amend The City of Saint John Flood October 22, 1999 Risk Area By -law 6. By -law Number C.P. 100 -513 A Law To Amend The October 1, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 27 Paradise Row) 7 By -law Number C.P. 100 -514 A Law To Amend The October 22, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 900 Ashburn Road) 8. By -law Number C.P. 100 -515 A Law To Amend The October 22, 1999 Zoning By -law Of The City of Saint John (amending Schedule "A" re 477 Millidge Avenue) municipalities Municipaiites and Housing et Habitation Nouveau Q1.1- Brunswick October 6, 1999 Mary Munford, Common Clerk City of Saint John P. O. Box 1971 Market Square Saint John, N.B. E2L 4L 1 Dear Ms. Munford: Please find enclosed one copy each of the following By -laws which was approved by the Minister, pursuant to Section 69 of the Community Planning Act: 1) Municipal Plan Amendment (Amendment to Parts 1, 2 and 9); 2) Municipal Plan Amendment (Neighbourhood Plan - Part 10); 3) Municipal Plan Amendment (945 Old Black River Road); and 4) Flood Risk Area By -law Amendment. After the Minister's approval, it is necessary under the Community Planning Act, to: (a) file in the Registry Office a certified, true copy of the by -law which has been signed by the Minister; (b) publish in a newspaper which is circulated in your community, a notice indicating: (i) the action taken by the Minister, (ii) the information relative to the filing as described in paragraph (a); (c) send to the Minister a copy of the notice as described in paragraph (b). Please note that the by -laws come into effect as soon as they are filed in the Registry Office. Yours truly, 4(.. Bernie Hoganson Regulations Administrator Land Use Planning Branch Enclosures RECEIVED C0111MON CLERK'S OFFICE OCT 12 IM �,T,r,w ljf RANT j43#4H P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau- Brunswick Canada E3B 5111 Canada E3B 5H1 Office of the Mary L. Munford Common Clerk Common Cleric October 29, 1999 Mr. Jim Baird Manager Community Planning 10th Floor - City Hall Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 E:1x''h'J City of Saint John Enclosed is a copy of an amendment to the Flood Risk Area By -law for the City of Saint John. Pursuant to the provisions of the Community Planning Act, the By -law was filed in the Registry Office on October 22, 1999 and became effective on that date. Yours truly, \,K) Ma L. iunford ry Common Clerk MLM /jaf encl. y�C�l' cc: William Edwards, Building Inspector Office of the Common Clerk April 22, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 W City of Saint John The Honourable Marcelle Mersereau Minister of Municipalities and Housing Province of New Brunswick P.O. Box 6000 Fredericton, N.B. E3B 5H1 Dear Madam Minister: Enclosed are two copies of an amendment to the Flood Risk Area By- law of the City of Saint John for your approval under the provisions of the Community Planning Act. Yours truly, L/7 k A Mary L. unford 71U/ Common Clerk MLM /jaf encl. PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, MARY L. MUNFORD, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- That I am the Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of "A By -law to Amend The City of Saint John Flood Risk Area By -law ", enacted by the Common Council of the City of Saint John on the twelfth day of April, A.D. 1999. 3. That I have carefully compared the said by -law with the original and the same is a true copy thereof. A.D. 1999. D A T E D at the City of Saint John on the fifteenth day of October, IN TESTIMONY WHEREOF, I, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. `1 A BYLAW TO AMEND THE CITY OF SAINT JOHN FLOOD RISK AREA BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: The City of Saint John Flood Risk Area By -Law is hereby amended as follows: 1. The word "bylaw" is deleted wherever it appears and the word "by -law" is substituted. 2. The words "flood storage capacity" are deleted wherever they appear and the words "flood water storage capacity" are substituted. 3. Section 1 is amended by deleting the word "Area" and substituting the word "Areas ". 4. Subsection 2(2) is amended by deleting the word "the" and substituting the word "The ". 5. Subsection 2(3) is amended by deleting the words "means the term development as prescribed by section 41.2(3) of the Community [Tanning Act to include" and substituting the word "includes ". 6. Section 3 is amended by deleting subsections (2) to (7). 7. Subsection 3(1) is amended by deleting the "(1) ", and by deleting the word "Act" and substituting the words "Community Planning Act ". 8. Subsection 4(2) is repealed and the following is substituted: "subject to subsection 10(1), a development that would reduce the flood water storage capacity of any flood risk area ". 9. Subsection 4(3) is repealed. 10. Subsection 6(2) is amended by adding the following: "(xiii) Where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready. 11. Subsection 6(4) is repealed. 12. Subsection 6(5)(e) is repealed. 13. Subsection 6(f) is amended by deleting the words "Director of Engineering" and substituting the words "Chief City Engineer". -2- 14. Subsection 7(3) is repeated; 15. Subsection 1 of section 10 is repealed and the following is substituted: "(1) A development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in a volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of a development or any portion thereof'. 16. Section 13 is repealed. 17. Subsection (3) of section 15 is repealed and the following is substituted: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for The City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the twelfth day of April A.D., 1999 and signed by: AF ayor, emb r of Co un ii who presi a at the g hit it was enacted; and Common Cie First Reading: March 15, 1999 A��t VEi3 APPROUVE Second Reading: March 15, 1999 paro 5.69 En application de Particle 69 Third Reading: April 12, 1999 Cumin ann' gAct loisnri'urbanisme e / for - WnistexV _ pour le/la Ministre Z nicipalities and Housing unicipalites et Habitation Date PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, MARY L. MUNFORD, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That 1 am the Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of "A By -law To Amend The City Of Saint John Flood Risk Area By -law" enacted by the Common Council of the City of Saint John on the twelfth day of April, A.D. 1999. 3. That I have carefully compared the said by -law with the original and the same is a true copy thereof. D A T E D at the City of Saint John on the twenty- second day of April, A.D. 1999. IN TESTIMONY WHEREOF, i, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. E; Ar a 5, et, MA�, A BY -LAW TO AMEND THE CITY OF SAINT JOHN FLOOD RISK AREA BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: The City of Saint John Flood Risk Area By -Law is hereby amended as follows: 1. The word "bylaw" is deleted wherever it appears and the word "by -law" is substituted. 2. The words "flood storage capacity" are deleted wherever they appear and the words "flood water storage capacity" are substituted. 3. Section 1 is amended by deleting the word "Area" and substituting the word "Areas ". 4. Subsection 2(2) is amended by deleting the word "the" and substituting the word "The ". 5. Subsection 2(3) is amended by deleting the words "means the term development as prescribed by section 41.2(3) of the Community Planning Act to include" and substituting the word "includes ". 6. Section 3 is amended by deleting subsections (2) to (7). 7. Subsection 3(1) is amended by deleting the "(1) ", and by deleting the word "Act" and substituting the words "Community Planning Act'. 8. Subsection 4(2) is repealed and the following is substituted: "subject to subsection 10(1), a development that would reduce the flood water storage capacity of any flood risk area 9. Subsection 4(3) is repealed. 10. Subsection 6(2) is amended by adding the following: "(xiii) Where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready. 11. Subsection 6(4) is repealed. 12. Subsection 6(5)(e) is repealed. 13. Subsection 6(f) is amended by deleting the words "Director of Engineering" and substituting the words "Chief City Engineer'. -2- 14. Subsection 7(3) is repealed; 15. Subsection 1 of section 10 is repealed and the following is substituted: "(1) A development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in a volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of a development or any portion thereof'. 16. Section 13 is repealed. 17. Subsection (3) of section 15 is repealed and the following is substituted: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for The City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the twelfth day of April A_D_, 1999 and signed by: ayor, the memb r of Coun it who presi a at the meeting at whiclYit was enacted; and Common Cie First Reading: March 15, 1999 Second Reading: March 15, 1999 Third Reading: April 12, 1999 Legal Department John L. Nugent P.O. Box 1971 City Solicitor Saint John . ' New Brunswick Canada E2L 411 April 12,1999 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Re: Amendments to Flood Risk Area By -Law Tel.: 506 658 -2860 Fax: 506 658 -2802 City of Saint John Common Council meeting in open session on March 15, 1999, gave first and second reading to a number of amendments to the Flood Risk Area By -Law. The final text of those amendments is attached to this letter. Council, if it wishes, may now proceed with the enactment of these amendments. Respectfully submitted, Joh L. Nugent City Solicitor :11h Attachment A BY -LAW TO AMEND THE CITY OF SAINT JOHN FLOOD RISK AREA BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: The City of Saint John Flood Risk Area By -Law is hereby amended as follows: 1. The word "bylaw" is deleted wherever it appears and the word "by- law" is substituted. 2. The words "flood storage capacity" are deleted wherever they appear and the words "flood water storage capacity" are substituted. 3. Section 1 is amended by deleting the word "Area" and substituting the word "Areas ". 4. Subsection 2(2) is amended by deleting the word "the" and substituting the word "The". 5. Subsection 2(3) is amended by deleting the words "means the term development as prescribed by section 41.2(3) of the Community Planning Act to include" and substituting the word "includes ". 6. Section 3 is amended by deleting subsections (2) to (7). 7. Subsection 3(1) is amended by deleting the "(1) ", and by deleting the word "Act" and substituting the words "Community Planning Act", S. Subsection 4(2) is repealed and the following is substituted: "subject to subsection 10(1), a development that would reduce the flood water storage capacity of any flood risk area". 9. Subsection 4(3) is repealed. 10. Subsection 6(2) is amended by adding the following: 2- "(xhi) Where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready. 11. Subsection 6(4) is repealed. 12. Subsection 6(5)(e) is repealed. 13. Subsection 6(f) is amended by deleting the words "Director of Engineering" and substituting the words "Chief City Engineer" 14. Subsection 7(3) is repealed; 15. Subsection 1 of section 10 is repealed and the following is substituted: "(1) A development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in a volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of a development or any portion thereof ". 16. Section 13 is repealed. 17. Subsection (3) of section 15 is repealed and the following is substituted: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for The City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." - 3- IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law on the day of A.D., 1999 and signed by: Mayor, the Member of the Council who presided at the meeting at which it was enacted; and Common Clerk First Reading: March 15, 1999 Second Reading: March 15, 1999 Third Reading: Legal Department John L. Nugent P.O. Box 1971 Tel.: 506 658 -2860 15 City Solicitor Saint John Fax: 506 658 -2802 New Brunswick Canada F,2L 4L1 March 12, 1999 E Her Worship Mayor Shirley McAlary city of saint John And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Re: Amendments to Flood Risk Area Bp -Law Several months ago Council directed that an amendment to the by -law be prepared which would: " -.. allow the Building Inspector to accept a sum of money from a developer in lieu of requiring compensatory storage, when such storage is not practical or possible; ". The Community Planning Act is the source of the City's authority to enact a Flood Risk Area By -Law and the Act does not permit the amendment sought by Council. According to the Act only Common Council is able to accept money for compensatory flood water storage capacity and only within the relatively narrow circumstances identified in Section 41.2(6) of the Act. I have addressed this latter issue in recent correspondence to Council dated February 19, 1999. However, in the course of examining the Flood Risk Area By -Law and its enabling legislation, a number of provisions were identified which would benefit from amendment. The Building Inspector is responsible for administering the By -Law and we have discussed with him the proposed amendments. He is in agreement with them. I am attaching an office consolidation of the Flood Risk Area By -Law provided by the Building Inspector for reference. /2 4z- U76", rH,� 9 � �J alnt')( �,.A Mayor and Council March 12, 1999 Page 2 The proposed amendments deal with the following matters: 1. Recognition that development may occur in a flood risk area provided that the development occurs without reducing the flood water storage capacity of the area. Sections 4(2) and 10(1) are proposed to be amended to permit such development and to expressly provide that compensatory flood water storage capacity must be provided so that at no time does the development produce a net reduction in the flood water storage capacity. 2. The deletion of superfluous provisions as well as those rendered unnecessary as a consequence of other amendments. •Subsections (2) to (7) inclusive of Section 3 are merely descriptive of what the By -Law provides - they are commentary and have no operative effect. They are not appropriately part of the By -Law and should be removed. •Section 6(4) states that the Building Inspector "may" recommend that Council impose terms and conditions upon a development. It does not confer any authority upon the Building Inspector, who may make such recommendations whether or not the By -Law addresses the issue. Consequently, that provision is better deleted. *Section 7(3) requires that a deposit be delivered to the Building Inspector for each development to which the Flood Risk Area By- Law applies. The Building Inspector advises that this provision has been construed to encourage the timely provision of compensatory flood water storage capacity. The proposed amendment to Section 4(2) and Section 10(1) expressly provide that a development shall not be undertaken which would produce a net reduction in the flood water storage capacity of an area, and consequently 7(3) is no longer necessary. ../3 Mayor and Council March 12, 1999 Page 3 *Section 13 simply describes a variety of flood protection measures which". - . may be used ". Those options and others are available independently of the By -Law and as this section neither poses obligations nor confers rights, it is better deleted. 3. The correct and accurate designation of municipal officials, within the By -Law. Reference is made to the "Director of Engineering" a position which no longer exists in the City's establishment. It is suggested that the reference be changed to the Chief City Engineer. 4. Miscellaneous matters such as: • changing the title to reflect the existence of four separate flood risk areas, i.e., Flood Risk Areas By -Law. • changing the term "flood storage capacity" to the term used in the enabling legislation, namely, "flood water storage capacity ". In summary I would recommend that Common Council: I. Give first and second reading to the proposed amendments attached to this correspondence and marked "A "; and II. Request the written views of the Planning Advisory Committee on those proposed amendments. Respectfully submitted, J n L. Nugent City Solicitor :cd Proposed_ Amendments to Flood Risk Area By -Law Heading • delete the word "Area" and substitute "Areas" General • delete the word "bylaw" wherever it appears in the by -law and substitute the word "by- law" • delete the words "flood storage capacity" wherever they appear in the by -law and substitute the words "flood water storage capacity" • delete the words "Director of Engineering" and substitute the words "Chief City Engineer" • add Section 2.1 as follows: delete the word "Act" wherever it appears in this by -law and substitute the words "Community Planning Act" Section 1 • delete the word "Area" and substitute the word "Areas" Section 2 (2) delete the word "the" and substitute the word "The" (3) re "development" - delete the words "means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include" and substitute the word "includes" Section 3 • repeal subsections 2 to 7 inclusive Section 4 (2) - repeal subsection (2) and substitute the following: "subject to subsection 10(1) a development that would reduce the flood water storage capacity of any flood risk area" (3) - repeal subsection (3) -2- Section 6 (2) - amend by adding the following: "(xiii) where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready" (4) - repeal (5)(e) - repeal (5)(f) - delete the words "Director of Engineering" and substitute the words "Chief City Engineer" Section 7 • repeal subsection (3) Section 10 (1) --- repeal subsection (1) and substitute the following: "(1) a development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of the development or any portion thereof." Section 13 - repeal Section 15 (3) - repeal subsection (3) and substitute the following: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for the City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." THE FLOOD RISK BYLAW OF THE CITY OF SAINT JOHN, NB Be it enacted by the Common Council of the City of Saint John, as follows: TITLE 1. This bylaw may be cited as the "City of Saint John Flood Risk Area Bylaw ". INTERPRETATION 2. In this bylaw (1) 'Building Inspector" means the Building Inspector appointed by the Council. (2) "Council" means the Common Council of the City of Saint John. (3) "development' means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include: (a) the erecting, placing, relocating, structurally altering or replacing of a building or structure, and any excavation or other site work preparatory thereto, except in respect of utility poles and wires, traffic control devices or statutory signs and notices, (b) the resurfacing of any area, (c) the alteration of land levels on the topography of any area, including excavation, and (d) the placing or dumping of landfill in any manner. 4) "flood- proofing" means either the use of building materials that are less affected by inundation during flooding or structural changes to buildings to keep water from entering and causing damage. Typical measures include sealing walls to control seepage, permanent closure of unnecessary openings, removable bulkheads for necessary openings, raising floor level elevations above the maximum expected flood level, and proper anchorage to prevent buoyant forces from lifting buildings off their foundations. 2 (5) "flood storage capacity" means - that volume contained over a certain area between the ground elevation at the time of the passing of this bylaw and the flood protection elevation-shown on Schedule "A ". (6) "flood protection elevation" means the existing ground elevation along the line delineating a flood risk area designated by the Minister of the Environment. (7) "landfill' means the placing or dumping, with or without compaction, of earth, sand, gravel, rock, rubble, rubbish, garbage, snow, ice, or other natural deposit or any man -made materials whether similar to or different from any of the aforementioned materials, whether, originating on the site or elsewhere, used or capable of being used to raise, lower or in any way affect the elevation or contours of the ground. (8) "normal floodway" means the area along the watercourse needed to carry water to the flood protection elevation at any location as shown on Schedule "A" along with a strip of land 4.6 metres (15 feet) in width on either side of this area; and is more precisely defined as the area included within the distance shown from the centre line of the watercourses listed in Section 5. SCOPE OF BYLAW 3. This Bylaw, (1) applies to the flood risk area(s) designated by the Minister of the Environment of the Province of New Brunswick which are shown on the map(s) attached hereto as Schedule "A" and entitled "City of Saint John Flood Risk Area(s) designated by the Minister of the Environment' of the Province of New Brunswick under Section 41.1(1) of the Act. The flood risk areas so designated are: (i) the Lower Marsh Creek Flood Risk Area (ii) the Glen Falls Flood Risk Area (iii) the Mystery Lake Flood Risk Area (iv) the Kelly Lake Flood Risk Area 3 (2) provides, within the flood risk area(s), for (i) the maintenance of an adequate floodway for conveyance of flood waters, (ii) the conservation of the flood storage capacity of any area, and (iii) the protection of new development from the risk of flood damage. (3) prescribes engineering techniques to be followed in all development within the flood risk area; (4) prohibits all development except in accordance with the prescribed engineering techniques. (5) (i) requires that all development in the flood risk area shall be carried out so as not to reduce the flood storage capacity of such area, and (ii) prohibits development in any other manner; (6) prohibits development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period. (7) provides for a system of permits and the manner of application therefor, including fees to be paid, as well as the conditions of their issuance, refusal or cancellation. PROHIBITIONS 4. The following are hereby prohibited: (1) development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period. (2) development which will reduce the flood storage capacity of the flood risk area or the subject development area. (3) development not in accordance with the prescribed engineering techniques herein. 5. (1) No building or structure shall be erected, placed, relocated, structurally altered or replaced and no landfill shall take place in the normal floodway within the flood risk area. The normal 4 floodway is defined to be within the following distances of the following watercourses, Marsh Creek Forebay to One Mile House 26 metres (85 ft.) One Mile House to Ashburn Road 23 metres (75 ft.) Ashburn Road to Junction of East and West Branches of Marsh Creek 18 metres (59 ft.) West Branch Marsh Creek Marsh Creek to Ashburn Creek 12 metres (39 ft.) Ashburn Creek to the inter- section of the West Branch of Marsh Creek with the line delineating the flood risk area (approximately at Rothesay Road) as shown on plan of the Glen Falls Flood Risk Area 12 metres (39 ft.) Ashburn West Branch of Marsh Creek Creek to intersection of Ashburn Creek with the line delineating the flood risk area (approximately at Foster Thurston Drive) as shown on the plan of the Glen Falls Flood Risk Area East Branch Marsh Creek Marsh Creek to Cold Brook Cold Brook to the inter- section of the East Branch Marsh Creek with the line delineating the flood risk 10 .metres (33 ft.) 13 metres (43 ft.) 5 area (approximately at _ Glen Road) as shown on the plan of the Glen Falls - Flood Risk Area 9 metres (30 ft.) Cold Brook East Branch to Golden Grove Road 13 metres (43 ft.) Majors Brook Marsh Creek to Westmorland Road 11 metres (36 fl.) (2) Notwithstanding subsection (1), a development may be permitted where (a) such development will not obstruct or interfere with the normal floodway or free flow of flood waters during a flood period; and (b) it is to be carded out so as not to reduce the flood water capacity of the affected area MAINTENANCE OF THE FLOODWAY 5.1 (1) The owner of a property containing a portion of the normal floodway described in Section 5 hereof shall maintain therein adequate capacity for the conveyance of flood waters. (2) It shall be the owner's responsibility within the portion of the normal floodway on his property to; (a) maintain at his own expense any retaining wall or other structure, in such a condition that it neither reduces the capacity of the normal floodway nor obstructs, in whole or in part, the flow of water within the said floodway. (b) immediately remove, subject to subsection (3) hereof, at his own expense any retaining wall, other structure, or part thereof which either reduces the capacity of the normal floodway or obstructs, in whole or in part, the flow of water within the said floodway. (c) immediately remove at his own expense land or other material which collapses within the normal floodway as the result of the removal or failure of a retaining wall, other structure or part thereof. (3) The provisions of paragraph 2 (b) hereof shall apply only when a reduction or obstruction mentioned therein first occurs subsequent to the enactment of this Section. (4) For the purpose of this Section a retaining wall or other structure may be repaired and a permit obtained therefor, notwithstanding the restrictions established by Section 5. APPLICATIONS, PERMITS, RENOVATIONS, ETC. G. (1) No person shall commence or continue any development, or any part thereof, unless a flood risk area development permit therefor has been issued pursuant to this Section. (2) A person seeking to obtain a flood risk area development permit shall make application in writing to the Building Inspector, and such application shall, (a) be in a form prescribed by the Building Inspector or acceptable to him/her; (b) be signed by the applicant; (c) state the extent and purpose of the proposed development (d) contain in addition to the plans, specifications and other details required under the Building Bylaw and Zoning Bylaw, information relevant to the following, {i) the nature, location, dimensions, and the elevations based on Geodetic Survey of Canada datum of the area in question; the existing and proposed buildings and structure; (iii) the area and the existing elevations and the proposed elevations (of the alteration of land levels on the topography of any area) including excavation; (iv) the existing and proposed elevations of the area to be used for the placing or dumping of landfill in any mariner (v) the extent, location and dimensions together with existing and proposed elevations of any area proposed to be resurfaced; (vi) the location of the storage of materials; (vii) the location and direction of existing drainage facilities; (viii) the information required by Section 9 of this Bylaw in respect of drainage patterns; (ix) the elevation of the lowest floor (including a basement) of all buildings; (x) the elevation to which any existing and proposed buildings are or are to be water proofed; (xi) the location, dimensions, enclosing materials and floor or ground elevations of any proposed on -site water retention area; (xii) the proposed location of any material excavated from the site of the proposed development; 6.(2) (e) When applicable, a copy of the stream alteration permit from the Department of Environment of the Province of New Brunswick. 6.(3) The information required under subsection (2) shall be certified by, (a) A New Brunswick land surveyor in respect of existing and proposed elevations of buildings, structures, land and compensating flood storage facilities and of the precise location of any of all of these and of property lines in relation to the line delineating the flood risk area, (b) a professional civil engineer registered in New Brunswick in respect of any of the foregoing elevations, the conservation of the flood storage capacity of any area and maintenance of an adequate floodway for the conveyance of flood waters and (c) such a professional engineer or an architect licensed to practice in this Province in respect of the flood- proofing and any other protection of new development from the risk of flood damage; 9 (4) The Building Inspector may, after consultation with the City's Director of Engineering and the City's Director of Planning and Development, recommend that Council impose such terms and conditions as will reasonably ensure that the development will be carried out in accordance with the engineering standards, designs and techniques prescribed by this Bylaw and require the developer to enter into an agreement with the City under Section 101 of the Act to assure the performance of the said conditions. (5) Subject to the Zoning Bylaw, the Subdivision Bylaw and to Sections 4 and 5, where (a) an application under subsection (2) or an application that is acceptable to the Building Inspector has been received. (b) the fee required under section 7 has been paid; (c) the proposed work conforms with this Bylaw and any other applicable Bylaw; and (d) when required the developer and the City have entered into an agreement in respect of terms and conditions imposed under subsection (3) hereof (pursuant to Section 41.3(2) of the Act) (c) provided a deposit pursuant to section 7(3) of this bylaw (f) the Director of Engineering has approved the development as conforming to the bylaws. The Building Inspector shall issue the development permit requested. (6) Where any person violates any provision of this Bylaw or the terms and conditions of the permit the Building Inspector shall by written notice served personally on, or sent by registered mail to, the person named in the permit, state the nature of the violation and order the cessation thereof within a reasonable time as provided for in Section 93 of the Act. (7) Where any person fails to comply with an order under subsection (6) the Building Inspector may suspend or cancel the development permit, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended permit. (8) Where the work for which a permit has been issued has not commenced within six months of the date of issuance, the Building Inspector may 10 revoke the permit. (9) No person shall, by the issuing of a permit, the approval of plans or specifications or inspections made hereunder, be relieved of any duty or responsibility for carrying out works in accordance with this Bylaw. (10) The Building Inspector may issue the permit with such terms and conditions as are appropriate to ensure that the work is carried out in accordance with this bylaw. FEES 7. (1) There shall be no additional fees for a development for which a fee is required under another applicable Bylaw of the City. (2) The schedule of fees set out in the Building Bylaw shall apply to all other developments. (3) A deposit is required for all developments pursuant to this bylaw to ensure that the development is constructed in accordance with this bylaw. The minimum deposit shall be in accordance with this bylaw. The minimum deposit shall be $500. The amount of deposit shall be set by the Director of Engineering and whenever the deposit exceeds $10,000, Common Council must approve the amount. Furthermore, all developments within the normal floodway shall be subject to the review of Common Council with respect to the amount of the deposit. A deposit for a permit under this bylaw may be made by means of cash, certified cheque, performance bond, or letter of credit. The Building Inspector may only refund the deposit after the Director of Engineering verifies that the work has been completed in accordance with the permit and this bylaw. APPLICATION OF FLOOD PROTECTION ELEVATIONS 8. Where a proposed development site lies between two elevations shown on Schedule "A ", the elevation which is to apply to the development shall be computed by interpolation. DRAINAGE PATTERNS 9. (1) Plans submitted for developments within the flood risk area shall provide the following information in addition to the requirement of 1.1 other bylaws and regulations to show the grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any building or structure thereon: (a) Existing and proposed surface elevations to geodetic datum on a 50 foot grid for the site and all adjacent properties and roadways for a distance of 100 feet from the site. (b) Existing and proposed drainage patterns for the site, and for adjacent properties if the drainage pattern on adjacent properties is affected by the development. (2) Development shall not alter the natural direction of runoff or flow in drainage swales or ditches unless provisions acceptable to the Building Inspector are made to accommodate these changes. COMPENSATING FLOOD STORAGE CAPACITY 10. (1) Subject to subsection (4), where development within the flood risk area reduces the flood storage capacity in that area, the developer shall provide compensating flood storage capacity on site or in the immediate vicinity equivalent in volume to that displayed by the development. (2) Storage maintenance measures which may be applied include but are not limited to the following: (i) On -site storage on roof and parking lots, (ii) Temporary detention ponds (dry ponds), (iii) Retention ponds (wet ponds). (3) The compensating capacity shall be provided at an elevation equal to or lower than the elevation of the storage displaced, but shall not be at an elevation lower than the natural ground water table in the area at the time of application for the flood risk area development permit. (4) Roof storage to a maximum depth of 10 centimetres (4 inches) maybe considered as part of the compensating capacity. (5) The storage area so provided shall be connected to the existing storm sewer system or the surface drainage network so as to permit effective use 12 of the area for the storage of flood waters. 13 FLOOD - PROOFING 11. Subject to Section 6, the developer shall submit in duplicate plans and specifications for flood - proofing a proposed building or structure consistent with the regulatory flood protection elevations shown on Schedule "A" as applying to the site of the proposed building or structure. 12. Buildings and structures shall have the lowest floor, including basement or crawl space elevated to or above the flood protection elevation or be flood - proofed to or above that elevation. 13. The following flood protection measures may be used, without limitation because of specific enumeration for buildings and structures or parts thereof below the flood protection elevation. (1) Buildings and structures shall be constructed or placed with the longitudinal axis parallel to the direction of flood flow where feasible. (2) Break -away walls or doors to permit through flow during flooding. (3) Anchorage to resist floatation and lateral movement. (4) Installation of watertight doors, bulkheads, and shutters or similar method of construction. (5) Construction to resist rupture or collapse caused by water pressure or floating debris. (6) Reinforcement of walls and floors to resist water pressure. (7) Use of paints, membranes, or mortars to reduce see page of water through walls and floors. (8) Addition of mass or weight to strictures to resist floatation. (9) Installation of pumps to Iower water levels in buildings and structures. (10) Construction of water supply and waste - treatment systems so as to prevent the entrance of flood waters and to prevent uncontrolled discharge of sewage. 14 0 I} Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures. (12) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back -up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. (13) Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation below the flood protection elevation. (14) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the flood protection elevation or are adequately flood - proofed to prevent floatation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters. (15) Protection against erosion by rip -rap, vegetation cover or bulkheading. AUTHORIZATION 14. The City is hereby authorized to expend public monies for the acquiring of land within the area(s) by purchase or expropriation and for the expenditure of such public fiends for construction of dams, holding ponds or any other works or for widening, straightening, deepening or otherwise improving any of the water courses within the area(s) as may be considered necessary within the area(s) for the maintenance of adequate floodways, for conveyance of flood water and for the conservation and improvement of flood water storage capacity, with the area(s). ADMINISTRATION 15. (1) The Building Inspector shall exercise such powers and perform such duties as are provided or necessary for the administration of this Bylaw. 15 (2) In the absence or disability of the Building Inspector or where there is no Building Inspector, the Deputy Building Inspector shall have all the powers and duties of the Building Inspector. (3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Commissioner of Planning and Development shall be the Acting Building Inspector and shall have all the powers and duties of the Building Inspector. (4) The Building Inspector is authorized by the Common Council to enter at any reasonable time any land or building within the City of Saint John for the purpose of making an inspection or examination relating to a development as defined herein and of administering or enforcing this Bylaw or any provision of the Community Planning Act relating thereto. IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this Bylaw the third day of March A.D. 1980, and signed by: Mayor, the member of the Common Council who presided at the meeting at which it was passed; and Common Clerk First Reading:- February 4, 1980 I Second Reading: - February 4, 1980 Third Reading:- March 3, 1980 Certified true copy the 17th day of March, A.D. the provisions of Sections 66 and 68 of the Community Planning Act having complied with. Donald H. Garey (Sgd.) 16 Donald H. Garey, Common Clerk Saint John, NB MMYLAWSTLOOD.BY Planning Advisory Committee y . OPEN SESSION April 8, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Subdivision By -law Amendments On March 8, 1999 Common Council referred the question of amending the Subdivision By -law concerning "cost sharing" to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. city of Saint John Notices that the Committee was considering this matter were placed in the newspaper on two occasions, but no letters or presentations were received by the Committee. The recommendation contained in the attached report was adopted. RECOMMENDATION- 1. That Common Council amend a By -law to Regulate the Subdivision of Land within the City of Saint John, Being By -law #CP 120, by deleting Section 26(1)(a) and replacing it with: "a) located in residential zones and the Business Park zone of the Zoning By -law." 2. That Common Council consider, after receiving a report on the financial impact, further amending the By -law to permit Subdivision cost sharing in any zone. Respectfully submitted, Brian Cllr Chairman Attachments Comn7unity Jim Baird MCIP Planning Manager DATE: APRIL 1, 1999 P.O. Box 1971 506 658 -2835 Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING FOR: MEETING OF APRIL 7, 1999 W `Community Planning SUBJECT: Subdivision By -law Amendment JURISDICTION OF COMMITTEE: The Community Planning Act requires that Common Council seek the views of the Planning Advisory Committee prior to adopting amendments to the Subdivision By -law. ANALYSIS: The Subdivision By -law of the City of Saint John provides for "subdivision cost sharing" in the form of a reimbursement to the developers of all hydrants, pipes, fittings and valves, chambers, valve boxes and laterals to the property line of the proposed street. The cost sharing is only provided if: a) the development is solely for residential purposes; b) located in a Stage I area of the Municipal Development Plan; and C) the subdivision plan has been approved (to vest the street or municipal services easements) as well as entry into the subdivision agreement pursuant to Section 25 of the By -law. int John Subdivision By -law Amendment Page: 2 In addition, the By -la -w provides that cost sharing may be provided to areas outside of the proposed subdivision if approved by Council in such specific case. In most cases this permits Council to approve cost sharing for small extensions that are part of larger developments. In all of these cases, the cost sharing is in the value form of "piping materials" not the cost of installation. The installation of these piping materials is the responsibility of the developer. The recently adopted Business Park Incentive Program provided incentives to support the development of Business Parks in the City. This program has as its basis the concept of subdivision cost sharing. When Council adopted this program it recommended that the Subdivision By -law be amended to so that it was in keeping with the Business Park Incentive Program. There have been instances in the past when Council has provided cost sharing on a case by case basis. The most recent example was an extension on Ragged Point Road for a church. Both of these concerns have suggested the need for amendments to the Subdivision By -law. There are options, which should be considered. These are: a) add "Business Park" to residential as those situations were subdivision cost sharing will be considered. b) provide subdivision cost sharing more broadly for any use. The second option is more far reaching and will require further analysis from Finance and Municipal Operations perspective. It is noteworthy that when subdivisions over the last 10 years are examined, there are very few non- residential subdivisions which required service extensions. Other than the previously mentioned church, the work of Saint John Industrial Parks appear to be the only cases. From a financing perspective this subdivision work is fully funded by the City through Saint John Industrial Parks. In discussing this with industry representatives, it was noted that there have been situations where non - residential developments requiring service extensions have not ever proceeded to the application stage because of the high cost. This in itself is a compelling argument to extending subdivision cost sharing to the full extent possible. At this point Council has adopted a policy of extending cost sharing to Business Park developments, and this is supported. From a planning perspective a more general extension of cost sharing could also be supported. This aspect will require a further supporting report from the City Manager with respect to financial and operating aspects prior to Council adoption. Subdivision By -law Amendment Page: 3 The amendment also contains modified wording to reference specific zones and not the more general "residential purposes ". STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend a By -law to Regulate the Subdivision of Land within the City of Saint John, Being By -law #CP 120, by deleting Section 26(1)(a) and replacing it with: "a) located in residential zones and the Business Park zone of the Zoning By -law." 2. That Common Council consider, after receiving a report on the financial impact, further amending the By -law to permit Subdivision cost sharing in any zone. Planning Advisory Committee a OPEN SESSION April 8, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Mike Cavanagh Homes Limited 12 and 14 Cavanagh Court NO City of Saint John The Committee considered the attached report at its April 7, 1999 meeting. The applicant was present at the meeting and spoke in favour of his application. He was in agreement with the terms and conditions recommended. The Committee also received the attached letter but no one appeared to speak in opposition to the proposal. The Committee adopted the attached recommendation, which is to be incorporated into an agreement which will be registered against the property to ensure future owners are aware and can be required to abide with the conditions imposed. While the Committee has the authority to impose conditions, Council must authorize the execution of a Section 101 agreement. RECOMMENDATION: That Common Council authorize the execution of two separate Section 101 agreements containing the condition imposed by the Committee in #1 and 2 respectively in the attached report. Respectfully sub: Brian C /ngha Chairman Attachments Community Jim Baird MCIP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Pax) New Brunswick Canada E2L 41, 1 DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Zoning: Proposal: Type of Application: APRIL 1, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF APRIL 7, 1999 i Jim R/Baird, MCIP Planning Mike Cavanagh Homes Limited S City* Saint John Michael Cavanagh 12 and 14 Cavanagh Court 55120190 & 28092 Low Density Residential "RM -1 " Three Storey Multiple Residential To construct two residential garages (accessory buildings). Variance that would permit the construction of: a) both garages with a height of 5.5 m (18 ft.) when 4.3 m (14 ft.) is permitted. Mike Cavanagh Homes Limited Page: 2 12 and 14 Cavanagh Court April 1, 1999 b) garage #2 to be the only building on the lot c) garage #2 to be located 4.8 m (16 ft.) from the front property line when 7.5 m (25 ft.) is required. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That a variance be granted to permit a maximum height of 5.5 m (18 ft) for an accessory building located at 12 Cavanagh Court (NBGIC #55120190) on condition that: a) the garage not be used as a contractors shop, wood working shop, carpentry shop or any non - residential purposes. b) there be no mezzanine or loft. C) no fuel- burning appliance be used in the building. d) no outside storage of any material be permitted adjacent to the accessory building. C) That the applicant execute a Section 101 Agreement containing these conditions. 2. That variances be granted to permit: (i) a maximum height of 5.5 m (18 ft.) (ii) a front yard of 4.8 m (16 ft.) (iii) an accessory building as the only building on the lot for an accessory building at 14 Cavanagh Court (NBGIC #28092) on condition that: a) the garage not be used as a contractors shop, wood working shop, carpentry shop or any non - residential purposes. Mike Cavanagh Homes Limited Page: 3 12 and 14 Cavanagh Court April 1, 1999 b) there be no mezzanine or loft. c) no fuel- burning appliance be used in the building. d) No outside storage of any material be permitted adjacent to the accessory building. e) the area between the street and the accessory building (except for the driveway) be landscaped in accordance with a plan approved by the Development Officer. f) that the unit be utilized as accessory to only one of the residential units on Cavanagh Court. g) that the applicant execute a Section 101 Agreement containing these conditions. 3. That Common Council authorize the execution of two separate Section 101 agreements containing the condition in 41 and 2 respectively. INPUT FROM OTHER SOURCES: Engineering have no objection but not that a proof of a private right of way to access garage #2 will be required prior to building permit approval. Building and Technical Services indicates that the garage should be single storey, no mezzanine or loft be permitted, to be utilized accessory to only one residential unit, no commercial units to be permitted, and no fuel burning appliances. ANALYSIS: This application involves two residential garages (accessory buildings) as illustrated on the attached sketch. Unit #1 is located on the same lot, and is accessory to the semi - detached unit at 912 Cavanagh Court. It meets the side, rear and front yards, maximum size permitted. A building permit was issued to construct the building with a height of 4.3 m (14 ft.). Subsequent to that an application was made to increase the height to 5.5 m (18 ft.) . Construction has begun, including roof truss to 18 ft. The applicant has been advised to stop work. Garage #2 will be the only building on the lot, but is to be utilized by the owners of civic #8 Cavanagh Court. It has to be located to face Cavanagh Court necessitating a variance for the front yard to 16 ft. from the 25 required. It also proposed to be 5.5 in (18 ft.) high. No construction has occurred on this unit. Mike Cavanagh Homes Limited Page: 4 12 and 14 Cavanagh Court April 1, 1999 Garage #1 is permitted at the size and location proposed, albeit at a height of 14 ft. In support of the additional height, the height of the adjacent new units and the existing units are cited. In addition the design of the new units used the same roof pitch. This garage does look large in the context of the develoment. However, it is permitted. The view from the adjacent property may be affected, but would be affected with a 14 ft. height. The additional height in this case is a positive feature. The more significant concern is the potential for non - residential use. The concerns of the Building Inspector are the basis for the recommended conditions. A Section 101 Agreement is also recognized to ensure future owners know these conditions. Garage #2 should be developed with the same design and height as garage # 1. The reduced front yard on straight portion of Cavanagh Court can also be supported on the basis that this area will be landscaped in a manner to be approved by the Development Officer. The concerns with respect to non - residential uses are also similar, including the need for a Section 101 Agreement. In addition there is an additional condition to ensure the garage is utilized by one of the units in Cavanagh Court only. CONCLUSION: The proposed development will provide for addition residential garage space. Conditions are recommended to ensure that the proposed use contains and the future owners are aware of the limitation. The additional height can be supported in this case as in keeping with the area. 46or low -1% A 16 14 COMMUNITY PLANNING 47 39 25 46 29 5 23 219 115 0 11 L A 10 'Y- 153 149 2 ' 1468 1- -or-g 6 ,1- � -,._ SID 11161 Subject Site: Address: Cavanagh Court Map Number: 06N-88NE Date: March 26, 1999 Scale: N.T.S. 12 255 249 47 . NBGIC Number (s): 55120190 00028092 �2 � Z I(E� I� s x- L z z� �\-T a aRg L O 0 D 0 'O X �I W x I Z-1 5 Fifth Street Saint John, N.B. E2K 31-8 April 5, 1999 Planning Advisory Committee ��-\ City of Saint John "4I P.O. Box 1971 Saint John, N.B. APR 8 1999 E2L 41-1 Gentlemen: QvQ A T %A RE: Proposed Accessory Building 12 -14 Cavanaugh Court As the owner of the adjacent lot on Chubb Street the proposed garage #2 will be 3 feet from this lot. We are concerned that should our lot be sold, how will this affect any building on this lot? Will we need a variance as to how close to garage #2 we can build, and we understand aluminum siding should be placed by Cavanaugh on this proposed garage, will this be done? We would ask that the proposal be delayed until we have had adequate time to get legal advice to determine what "injurious affection" the garage #2 will have on our lot. Your statement that garage #2 will also be used for residential purposes. Does this mean a tenant will also live there? As stated we strongly feel that we were not given adequate time to study the proposal and get legal advice, and request a postponement. Yours truly, G. Holly Hanson cc: Mr. Jim R. Baird, Manager Community Planning City of Saint John, P.O. Box 1971 Saint John, N.B., E2L 41-1 Planning Advisory Committee OPEN SESSION April 8, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Policy re Cancellation of Public Hearings City of Saint John The Planning Advisory Committee is aware that, since the spring of 1998, Common Council has followed a policy of cancelling public hearings when the Committee's recommendation is not available. A number of individuals have expressed concerns to the Committee about the inconvenience that results when the process is extended in this manner. The Committee understands that Council wishes to have the Committee's input in hand when a public hearing is being held. However, in many cases, especially when there has been little or no interest expressed by members of the public, the setting of a new public hearing date would only appear to create an unnecessary delay. In view of the above, the Committee respectfully requests that Common Council re- examine the current policy and determine whether or not there may be alternatives for dealing with this issue. Respectfully submitted, Brian Cunning Chairman BC /mmf Saint John Industrial Parks Ltd. April 7,1999 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 649 -6070 Fax 506 658 -2837 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT 1999 Industrial Park Capital Program City of Saint John Council, at its meeting of March 1 ".. approved the 1999 Capital Budget of the City of Saint John. Of the funds approved, $400,000 had been allocated to the industrial parks. The Board of Saint John Industrial Parks Ltd., at its meeting of April 1, 1999, approved a Capital Program as per the allocated funding (see attachment). At this time, Saint John Industrial Parks Ltd. respectfully requests that Common Council authorize the issuance of purchase orders to: O ADI Limited in the amount of $15,000 plus HST to oversee tender document preparation, construction and related project management duties for the McIlveen Drive Alignment project; © _Basic Design Associates_ Ltd. in the amount of $1,850 plus HST to oversee tender document preparation, construction and related project management duties for the development of a "green area" in Spruce Lake Industrial Park; and to (I Hughes Surveys and Consultants Ltd. in the amount of $5,500 plus HST to a) assess lands owned by Saint John Industrial Parks Ltd. in Spruce Lake Industrial Park for the purpose of facilitating the future sale of the Lots; and b) prepare a plan of grading for lands owned by Saint John Industrial Parks Ltd. in McAllister Industrial Park. Letter to Common Council 1999 Industrial Park Capital Program April 7, 1999 Page 2 The above mentioned consultants were all previously selected by Saint John Industrial Parks Ltd. (through separate up blic proposal calls) to undertake the initial phase of the above noted projects (ie: ADI designed the new alignment for Mcllvicen Drive; BDA designed the green area; and Hughes Surveys prepared the subdivision plans for the subject lots). All contractor related work arising from the above projects, will be tendered through the Materials Management Division of the City, the results of which will be presented to Council for consideration. Yours truly, SAINT /ri > X INDUSTR PARKS LTD. l IJ l Councillor Peter Trites PRESIDENT Attachment 1999 Industrial Park Capital Program ® Street Work McIlveen Drive . ............................... .......................$320,000 OO Lot Preparation ......................... ..............................$ 18,000 Os Aesthetic Improvements ........... ..............................$ 33,500 ® All other projects .................... ............................... 28,500 TOTAL.............................................. ............................... 4Q$ 0,000 Saint John Industrial P.O. Box 1971 506 649 -6070 Parks Ltd. Saint John Fax 506 658-2837 New Brunswick Canada E2L 4L1 April 7, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Street Lighting along Alloy Drive City of Saint John Council, at its meeting of July 27, 1998, awarded the construction of Alloy Drive in Spruce Lake Industrial Park. Construction of this street was substantially completed late last fall and Brookville Carriers have since opened their new facility. As standard practice, the tender of Alloy Drive, as awarded by Council, did not include the installation of street lighting. Now that the frost is corning out of the ground, Saint John Industrial Parks Ltd. (as the developer), would like to more forward with the installation of lighting along Alloy Drive. The estimated cost for this work is $26,300 + HST. Funding for this work has been reserved in the 1998 Industrial Park Capital Budget. To save cost and the time to tender both the civic work and the installation of the buried conduit and pole bases, Saint John Energy has agreed to design and install the entire street lighting system for the above noted price. (The quoted price does not include extensive rock removal which may not be required, due to the blasting for Alloy Drive). At this time, Saint John Industrial Parks Ltd. respectfully requests that Common Council authorize the issuance of a purchase order in the amount of $26,300 + HST to Saint John Energy for the design and installation of street lighting along Alloy Drive, Spruce Lake Industrial Park; and that this work be accrued against the 1998 Industrial Park Capital Budget. Respectfully submitted, S T JOHN rI��N//DJJU-�STRIAL PARKS LTD. �a Councillor Peter Trites PRESIDENT 1.998 Industrial Parks .budget Status Approved Amount Expended to date — paid- - Encumbered — unpaid - - -- Work not yet invoiced------------------ - - - - -- (Final curbing & asphalt for Alloy Drive) Subtotal/Balance Street lighting for Alloy Drive - $900,000 ($707,000) (mostly Alloy Drive) ($32,000) -- ($85,000) to be expended this spring $75,400 - remaining ($2(,300) Saint John Energy Remaining (unallocated funds) -------------------------- - - - - -- $49,100 %a7G' m«+f v�.. -Cis /f% Ean asa ................ Illor /01—' a (,47 40 6 "" OW(W srw,�Wft The Marco Polo Project - P.O. Box 7109 - Saint John, New Brunswick - Canada, E21, 4S5 Mayor McAlary and Common Council City of Saint John Dear Council, I am writing to you about honouring James Smith, builder of the Marco Polo. James Smith owned a home on the corner of Union and Crown, he served on the local school board, he was a trustee of the cemetary on Thorne Avenue, his shipyard was off of Crown Street and he attended Centenary- Queen Square church_ Would it be possible to name the comer at Union, Crown and the causeway — James Smith Corner? Would it also be possible to place a more prominent sign on the Marco Polo bridge, with the name Marco Polo bridge. We have a lot to be proud of and I feel the more we know about ourselves and the more we promote it the better we will be. Sincerely, Barry Ogden r,pM • ! .. F it HOSPICE OF SAINT JOWNr i.NC. 116 Coburg Street Saint John, N.B. E2L 3 l Tel: 632 -5593 Fax: 632 -5592 Mayor Shirley McAlary P.O. Box 1971 15 Market Square Saint John,N.B. E2L 4L1 Dear Mayor McA1ary, March 25, 1999 Ms. Coleen Carson was appointed in 1996 as a representative of the City of Saint John on the Hospice of Saint John, Inc., Board of Directors. Her three -year term will be completed at our Annual Meeting on April 27, 1999. Through her experience and enthusiasm Coleen has provided a very valuable contribution to our Hospice Board of Directors and we certainly have appreciated her support to our organization. I am writing as a follow up to your telephone conversation with Coleen where it was requested the City appoint a successor to her to serve on our Board of Directors for a three year term commencing at our Annual General Meeting in April. In particular we are requesting the representation of Mr. Pat Woods, Deputy City Manager for the upcoming term. Hospice of Saint John, Inc. is a not for profit community agency working in conjunction with private and government health care providers to provide practical and emotional support to those facing a life threatening illness. The Board of Hospice appreciates comprehensive representation from our community. We look forward to your favourable response at your earliest convenience. Yours truly, 16�1 %41'lww� Sue Brown Chairperson Board Development Committee A UNTED WAY AGENCY J, IPR 7 10 'w r