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2016-02-08_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, February 8, 2016 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order 1.1 Safe, Clean Drinking Water Proclamation 1.1.1 Safe, Clean Drinking Water Project - Notice of Commercial and Financial Close 2. Approval of Minutes 2 - 7 2.1 Minutes of January 25, 2016 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 PRO Kids Advisory Committee - 2016 Executive (Recommendation: Receive for 8 - 8 Information) 5.2 LivingSJ - Request for Funding (Recommendation: Refer to Community Grant 9-15 Evaluation Committee) 5.3 Saint John Free Public Library - Request for Proclamation Freedom To Read 16-16 (Recommendation: Prepare Proclamation) 5.4 Amendment to Agreement with Plazacorp to Purchase City Land off Millidge 17-19 Avenue and University Avenue (Recommendation in Report) 5.5 Anglophone South School District - Attendance Matters Presentation Request 20-20 (Recommendation: Receive for Information) 5.6 A. Edgett Letter re Parking on Queen Square (Recommendation: Refer to the 21 -21 Saint John Parking Commission) 1 Powered By; $ &1BE' 1 5.7 Spring 2016 Debenture Issue — Notice of Motion (Recommendation in Report) 22-24 6. Members Comments 7. Proclamation 7.1 Heart Month - February 2016 25-27 7.2 Heritage Week and Heritage Day 28-28 7.3 White Cane Week - Feb 7 -14, 2016 29-29 8. Delegations / Presentations 8.1 Saint John Multicultural and Newcomers Resource Centre Inc. Presentation 30-51 9. Public Hearings - 6:30 p.m. 9.1 Staff Presentation - 3540 Westfield Road Proposed Zoning ByLaw Amendment 52-66 9.1.1 Planning Advisory Committee Report Recommending Rezoning with 67-95 Section 39 Conditions 9.1.2 Proposed Zoning ByLaw Amendment - 3540 Westfield Road (1 st and 96-100 2nd Reading) 10. Consideration of By -laws 10.1 Public Presentation - Proposed Municipal Plan Amendment - 55 University 101 -168 Avenue 10.2 Third Reading - Common Council Procedural ByLaw Amendment 169-172 11. Submissions by Council Members 11.1 Payment for Issuance of Receipt(s) Water and Sewerage Accounts (Councillors 173-174 Farren and Norton) 11.2 Designated Snow Ban Lots (Mayor Norton) 175-175 11.3 In -Kind Service for Community Food Basket (Councillor Reardon) 176-176 11.4 Section 74 of The Municipalities Act (Councillor Farren) 177-177 12. Business Matters - Municipal Officers 12.1 Referral of Saint John Building By -law and Subdivision By -law to the Planning 178-295 Advisory Committee 12.2 2016 Reporting Program for ABCs 296-300 1 3 12.3 By -Law Number M -16 — A By -Law Respecting Water and Sewerage By -Law 301 -304 (the "By- Law ") — Service of Notices — subsection 49(c) 13. Committee Reports 13.1 Heritage Development Board - 2015 Heritage Awards 305-305 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Safe Harbour - Support from City to Province 306-307 16. Supplemental Agenda 17. Committee of the Whole 17.1 City Interest in Two Provincially Owned Properties - Former Saint John 308-308 Courthouse and Residential Land in Lorneville 18. Adjournment 3 City of Saint John Common Council Meeting Monday, February 8, 2016 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Land Matter 10.2(4)(d) 1.4 Legal Opinion 10.2(4)(f) 1.5 Legal Opinion 10.2(4)(b,f) 1.6 Financial Matter 10.2(4)(c) Ville de Saint John Seance du conseil communal de The City of Saint John Le lundi 8 fevrier 2016 18 h, Salle du conseil Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en fran�ais pour une reunion du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues a I'article 10 de la Loi sur les municipolites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30 — Salle de conference, 8 stage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question financiere — alinea 10.2(4)c) 1.3 Question relative aux biens -fonds — alinea 10.2(4)d) 1.4 Question juridique — alineas 10.2(4)b),f) 1.5 Question juridique — alineas 10.2(4)b),f) 1.6 Question financiere — alinea 10.2(4)c) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 1.1 Proclamation sur le projet d'eau propre, saine et potable 1.1.1 Projet d'eau propre, saine et potable — Avis de cloture commerciale et financiere 2. Approbation de la seance, suivie de la priere 2.1 Proces- verbal de la reunion du 25 janvier 2016 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets S. Questions soumises a I'approbation du conseil 5.1 La lettre du comite consultatif PRO Kids a propos du bureau de direction pour 2016 (recommandation : accepter a titre informatif) 5.2 LivingSJ — demande de financement (recommandation : transmise au comite devaluation des subventions communautaires) 5.3 La bibliotheque publique de Saint John — la demande pour la Semaine de la liberte d'expression (recommandation : approuvee et preparee par le bureau du greggier communal) 5.4 Modification de 1'entente avec Plazacorp pour I'achat de terrains municipaux situes sur I'avenue Millidge et I'avenue University (recommandation figurant au rapport) 5.5 Le district scolaire Anglophone South - la demande de presentation (recommandation : accepter a titre informatif) 5.6 Lettre d'A. Edgett concernant le stationnement sur la place Queen (recommandation : transmise a la Commission sur le stationnement de Saint John) 5.7 Emission de debentures au printemps 2016 — Avis de motion (recommandation figurant au rapport) 6. Commentaires presents par les membres 7. Proclamation 7.1 Mois du coeur — Fevrier 2016 7.2 Semaine du patrimoine et Fete du patrimoine 7.3 Semaine de la canne blanche —7 au 14 fevrier 2016 8. Delegations et presentations 8.1 Presentation du Centre multiculturel et de services aux nouveaux arrivants de Saint John 9. Audiences publiques —18 h 30 9.1 Presentation du personnel — Projet de modification de I'arrete de zonage — 3540, chemin Westfield 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant la modification du zonage avec les conditions de I'article 39 9.1.2 Projet de modification de I'arrete de zonage — 3540, chemin Westfield (1re et 2e lectures) 10. Etude des arretes municipaux 10.1 Presentation publique — Projet de modification du plan municipal — 55, avenue University 10.2 Troisieme lecture — Modification de 1'arrete procedural du conseil communal 11. Interventions des membres du conseil 11.1 Paiement pour 1'emission de rebus pour les comptes d'eau et d'egout (conseillers Farren et Norton) 11.2 Stationnements designes pendant les periodes d'interdiction aux fins de deneigement (maire Norton) 11.3 Service en nature pour la Community Food Basket (conseiller Reardon) 11.4 Article 74 de la Loi sur les municipolites (conseiller Farren) 12. Affaires municipals evoquees par les fonctionnaires municipaux 12.1 Renvoi de 1'arrete sur la construction et de 1'arrete sur le lotissement de Saint John au Comite consultatif d'urbanisme 12.2 Programme de production de rapports 2016 pour les organismes, conseils et commissions (OCC) 12.3 Arrete n° M -16 — Arrete sur les services d'eau et d'egout (1'« Arrete ») — Signification des avis — paragraphe 49(c) 13. Rapports deposes par les comites 13.1 Conseil de developpement du patrimoine — Prix du patrimoine 2015 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondence generale 15.1 Safe Harbour — Soutien de la Ville et de la province 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Interet de la Ville pour deux biens appartenant au gouvernement provincial — I'ancien palais de justice de Saint John et un terrain residentiel de Lorneville 18. Levee de la seance The City of Saint John WHEREAS: Saint John Common Council has identified Safe Clean Drinking Water as the number one priority for its term; WHEREAS: Saint John Common Council is supported in its priority with funding to deliver the project through P3 Canada and the Province of New Brunswick; WHEREAS: Port City Water Partners were selected through a rigorous process to partner with the City to deliver Safe Clean Drinking Water to ratepayers; WHEREAS: The City of Saint John will always maintain ownership and control of our water assets and will set the water rates; and, WHEREAS: Representatives from the Government of Canada, the Province of New Brunswick, and Port City Water Partners are in at endance at this meeting. NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim February 8, 2016 as the beginning of the design and construction phase of the Safe Clean Drinking Water Project in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Water Partners Mr. Wayne Lq;<,34.13. for The Honourable [ Elf Dohert Saint John Harbour i tL7.1 r Q ' ifjio K\ COUNCIL REPORT M &C No. 2016 -26 Report Date February 05, 2016 Meeting Date February 08, 2016 Service Area Saint John Water His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Safe Clean Drinking Water Project — Notice of Commercial and Financial Close OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author City Commissioner City Manager Dean Price William Edwards Jeff Trail RECOMMENDATION Read Proclamation. Introduce the successful project proponent, Port City Water Partners (Partners) and its representatives. Receive and file the report. EXECUTIVE SUMMARY The primary purpose of this Report is to advise Common Council of the results of the Commercial Close and the Financial Close of the Project Agreement related to the Safe Clean Drinking Water Project ( "SCDWP "). This agreement, executed on February 4t", 2016, will govern the contractual relationship between the successful Proponent and the City during the construction and operating period of the Project (a total of 33 years). The secondary purpose of the report is to introduce Port City Water Partners (PCWP) as the private partner who will carry out the work. PREVIOUS RESOLUTION At its meeting held on November 6t", 2015, Common Council approved the selection of the Preferred Proponent and the Project Agreement in M &C 2015- 229. -2- STRATEGIC ALIGNMENT The Safe, Clean Drinking Water Project was identified as this Common Council's number one priority. The execution of the Project Agreement now moves the SCDWP to its next stage; the start of the design and construction phase of the Project. REPORT The SCDWP is required to ensure the provision of good quality water to meet the City's domestic, commercial, industrial and fire protection needs into the foreseeable future. The SCDWP consists of two parts: the design, construction, financing, operation and maintenance of a new water treatment plant and storage reservoirs adjacent to the Little River Reservoir; and the design, construction and financing of improvements to the water transmission and distribution system, which also includes of completion of the West side groundwater pumping system, expected to be running in the summer of 2017. As a result of the completion by the City of its evaluation of both the technical and financial submissions, Port City Water Partners (PCWP) was identified as the Preferred Proponent. The deal (Commercial Close) was officially finalized when the Project Agreement was executed between the two parties on Thursday February 4t", 2016. Financial Close occurred on February 4th, 2016 which consisted of the finalization of the Project Agreement between the City and PCWP, the finalization of key agreements within PCWP's consortium, and the refresh of the short and long term interest rates for purposes of calculating the final bid price. After the interest rates were set at 10:30 Eastern Standard Time on February 4th, 2016, the final bid price was locked in at $216,767,980 in net present value dollars. Given favorable interest rate market conditions, the final bid price is $937,642 less than the bid price received at bid submission on October 7th, 2016. Furthermore, the final bid price is $40,040,357 less than what was estimated in the business case on March 18th, 2013, which was $256,808,337 in net present value dollars. -3- The final value for money analysis at financial close, which is the comparison between the total project cost for a traditionally delivered project and delivery of the same project using a P3 model, is $24,088,103 in net present value. The value for money estimated in the business case presented to Council on March 18, 2013 was $3,218,139. More detailed cost breakdowns will be provided at a later date. The Request For Proposals, Project Agreement and Value for Money Analysis will be made available to the public in the next 60 days. PCWP is a consortium comprised of leaders in the development and delivery of Public- Private - Partnerships ( "PPP "), water /wastewater treatment facilities and infrastructure based in New Brunswick, across Canada and internationally. PCWP's value proposition is to marry international best practices with deep national experience and intimate local knowledge to provide the City with the best value for money solution available in the market today. PCWP is comprised of the following entities: Brookfield Financial Securities LP; Acciona Group of Companies; North America Construction; AMEC Foster Wheeler; Stantec Consulting Ltd.; SIMO Management Inc.; FCC Construction; and, Gulf Operators Ltd. (see Appendix A) The City will be concluding a final funding agreement with P3 Canada over the next few weeks based on the eligible costs of the project. Given costs are not finalized until after Financial Close, the Financial Agreement with P3 Canada will be provided at a later date. SERVICE AND FINANCIAL OUTCOMES The final price offers better than anticipated Value for Money for the City. The contract with PCWP provides excellent controls and oversight for the City INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Project team has been working closely with the City's legal and procurement advisors to ensure that the Project Agreement is executed properly and that the Financial Close protocols are followed. ATTACHMENTS See attached "Appendix A" `�. PORT CITY On behalf of Port City Water Partners ( "PCWP "), we are excited to work with the City of Saint John on this landmark project. PCWP is a consortium comprised of leaders in the development and delivery of Public- Private- Partnerships ( "PPP "), water /wastewater treatment facilities and infrastructure based in New Brunswick, across Canada and internationally. PCWP's value proposition is to marry international best practices with deep national experience and intimate local knowledge to provide the City with the best value for money solution available in the market today. The PCWP is comprised of the following entities: Brookfield Financial Securities LP — a Canadian -based global investment Brookfield banking group with expertise in real assets, particularly property, renewable energy and infrastructure. Brookfield is an industry leader in PPP transactions. The company is a subsidiary of Brookfield Asset Management, a global alternative asset manager with over US$200 billion in assets under management and a 100 -year history of owning and operating assets with a focus on property, renewable power, infrastructure and private equity. Brookfield is developer and lead equity investor on this project. Acciona Group of Companies —The Acciona Group of Companies operates in over �acciona 30 countries across five continents. Its extensive capabilities have been applied to more than 75 PPP projects, including 35 projects in the water sector. Acciona Agua, Acciona's water division, was named the World's Best Water Company by Global Water Intelligence in 2009, 2010, and 2013. Acciona is developer, equity investor, design - builder, and member of the operations, maintenance and rehabilitation team on this project. North America Construction (1993) Ltd. — NAC has constructed over 25 water treatment, plants delivering nearly 4.0 billion litres of safe, clean, drinking water every day for the citizens of Canada. NAC is developer, equity investor, and sub - contractor to the design - builder on this project. AMEC Foster Wheeler — AMEC Foster Wheeler is one of the world's leading ,v 4,10 f Sec ter engineering, project management and consultancy companies and has worked wheeler extensively throughout North America in the field of water planning and engineering, with 60 offices in Canada including three offices in New Brunswick (Saint John, Moncton, and Fredericton). AMEC Foster Wheeler is a member of the design and engineering team on this project. Stantec Consulting Ltd. — Stantec's water portfolio includes over 250 water 4 Stantec treatment plants, 300 wastewater treatment plants, and 500 dams and levees. Stantec is a member of the design and engineering team on this project. PORT CITY SIMO Management Inc. — SIMO Management Inc. is a Canadian company with over 22 years of experience in delivering complete operational, maintenance and HEnns�R�,P management services, and optimizing the performance of water and wastewater treatment facilities and distribution systems. In 2015, Helios Group acquired SIMO Management Inc. Helios Group and its subsidiaries have operated since 1981 and provide services in the fields of water and wastewater treatment, energy production and facilities management. SIMO is a member of the operations, maintenance and rehabilitation team on this project. FCC Construction — FCC is a privately owned, multi - discipline construction I# Construction FCC H contractor specializing in project management, construction management, and general contracting throughout Atlantic Canada. It is headquartered in Saint John and is a member of the Irving Group of Companies. FCC is a sub - contractor to the design - builder on this project. Gulf Operators Ltd. — Gulf, a wholly -owned subsidiary of JD Irving Ltd., is a GEIcM privately held civil contractor and aggregate supplier based in Saint John, New Brunswick. It has been serving customers in the Southern New Brunswick region for 30 years and has experience in pipe systems including water, sanitary, and storm water constructed on behalf of the City of Saint John. Gulf is a sub - contractor to the design - builder on this project. Key contacts: Andrew Willis (Brookfield) — Communications Phone: 416.369.8236 Email: Andrew.willis @brookfield.com Will Chow (Brookfield) — Project Director Andrew Evenden (Acciona) — Design -Build Director 100 - COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 25, 2016/LE 25 JANVIER 2016 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 25, 2016 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - J. Trail, City Manager; J. Nugent, City Solicitor; K. Fudge, Commissioner of Finance and Treasurer. Hamilton, Commissioner of Growth and Community Development; N. Jacobsen, Commissioner of Strategic Services; K. Clifford, Fire Chief; J. Bates, Police Chief; J. Taylor, Common Clerk; K. Tibbits, Administrative Assistant. 1. Call To Order Mayor Norton called the meeting to order. 2. Approval of Minutes 2.1 Minutes of January 11, 2016 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on January 11, 2016, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 NEB Working Group Update and Release of Informal Information Requests (IRs) to TransCanada; 17.1 2016 Annual Economic Increase — Management/Professional Employees; 17.2 Organizational Structure; and 17.3 Interest in Selling Land to City Adjacent to McAllister Industrial Park. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Refer to Item 14.1 5.2 That as recommended by the City Manager in the submitted report M &C 2016- 013: Request from Kennebecasis Rowing Club — L.R. Ross Trust Fund, Common Council approve the request for $3,000 from the L.R. Ross Fund by the Kennebecasis Rowing Club. 5.3 That as recommended by the City Manager in the submitted report M &C 2016- 011: Proposed Public Hearing Date - 150 Queen Street, Common Council schedule the public hearing for the rezoning application of Second Venture Ltd. (150 Queen Street) for Monday, March 7, 2016 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.4 That as recommended by the City Manager in the submitted report M &C 2016- 003: Drill Test on City Land for Possible Telecommunications Tower Civic #180 Thorne Avenue, the City of Saint John give Rogers Communications Inc. permission to enter upon City land being PI 411710 for the purpose of conducting a bore hole for analysis 99- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 11, 2016/LE 11 JANVIER 2016 in accordance with the terms and conditions set out in the License attached to M &C 2016 -003. 5.5 That the Saint John Board of Police Commissioner's letter regarding its 2016 Executive be received for information. 5.6 That the Saint John Community Food Basket - Grant Request be referred to the Community Grants Committee. 5.7 Refer to Item 14.2 5.8 That the YMCA of Greater Saint John letter regarding YMCA Newcomer Connections be received for information. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.1 Traffic Paint Sole Source and 5.7 Request for Funding — Harbour Skating Club, which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Eating Disorder Awareness Week - February 1 -7, 2016 The Mayor proclaimed the week of February 1 -7, 2016 Eating Disorder Awareness Week in the City of Saint John. 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws 10.1 Third Reading - Amendment to Business Improvement Levy By -Law On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law ", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2016, be read. Question being taken, the motion was carried. The by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By -Law" was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law ", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2016, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law." 11. Submissions by Council Members 3 100 - COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 25, 2016/LE 25 JANVIER 2016 11.1 Unmet Funding Commitments (Deputy Mayor Rinehart) (Tabled from January 11, 2016) Councillor Farren withdrew from the meeting. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that item 11.1 Unmet Funding Commitments (Deputy Mayor Rinehart) be lifted from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that the City Manager, together with the Common Clerk and Commissioner of Finance, bring forward to Council resolutions relating to any unmet funding commitments and the amount of each remaining balance. Question being taken, the motion was carried. Councillor Farren re- entered the meeting. 12. Business Matters - Municipal Officers 12.1 2015 Safer School Zones Program Implementation On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2016 -008: 2015 Safer School Zones Program Implementation, Common Council direct the City Solicitor to place the following amendments to the Traffic By -Law in appropriate translated format for its future consideration: • Delete Champlain Drive with limits from 268 metres north of Creighton Avenue to 40 metres south of Sherwood Drive from Schedule T (School Zones) • Add Champlain Drive with limits from 42 metres south of Rosedale Crescent to 38 metres north of Dorothea Drive to Schedule T • Add Champlain Drive with limits from 42 metres south of Rosedale Crescent to 38 metres north of Dorothea Drive, Speed Limit of 40 KM /H to Schedule T -1 (Speed Limits in School Zones) • Add Glengarry Drive with limits from Westmorland Road to 341.7 metres south of Westmorland Road, Speed Limit of 40 KM /H to Schedule T -1 • Delete Westmorland Road with limits from 123.8 metres south of Glengarry Drive to 272 metres north of Glengarry Drive from Schedule T • Add Westmorland Road with limits from 39 metres north of Kervin Road to 50 metres south of Longview Court to Schedule T • Add Westmorland Road with limits from 39 metres north of Kervin Road to 50 metres south of Longview Court, Speed Limit of 40 KM /H to Schedule T -1 • Add Glengarry Drive, west side, from Westmorland Road to Elgin Road to Schedule B (No Parking Anytime) • Delete Millidge Avenue with limits from 86 metres south of Valerie Street to 80 metres north of Valerie Street from Schedule T • Add Millidge Avenue with limits from 176 metres south of Valerie Street to 78 metres north of Ropewalk Road to Schedule T • Add Millidge Avenue with limits from 176 metres south of Valerie Street to 78 metres north of Ropewalk Road, Speed Limit of 40 KM /H to Schedule T -1 Question being taken, the motion was carried. 12.2 Amendments to Common Council's Procedural By -Law (1st and 2nd Reading) On motion of Councillor McAlary Seconded by Councillor Reardon 11 99- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 11, 2016/LE 11 JANVIER 2016 RESOLVED that the by -law entitled, "By -Law Number M -5 A Law to Amend a By -Law Respecting the Procedure of the Common Council of the City of Saint John ", by amending subsection 8.4; adding subsections 2.24, 4.13, and 5.8; repealing and replacing subsection 21.11; and amending subsection 21.14, be read a first time. Question being taken, the motion was carried with Councillors Fullerton, Lowe and MacKenzie voting nay. Read a first time by title, the by -law entitled, "A Law to Amend a By -Law Respecting the Procedure of the Common Council of the City of Saint John." On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number M -5 A Law to Amend a By -Law Respecting the Procedure of the Common Council of the City of Saint John ", by amending subsection 8.4; adding subsections 2.24, 4.13, and 5.8; repealing and replacing subsection 21.11; and amending subsection 21.14, be read a second time. Question being taken, the motion was carried with Councillors Fullerton, Lowe and MacKenzie voting nay. Read a second time by title, the by -law entitled, "A Law to Amend a By -Law Respecting the Procedure of the Common Council of the City of Saint John." 13. Committee Reports 13.1 2016 Community Grants Process Committee Recommendations On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2016 -012: 2016 Community Grants Process Committee Recommendations, Common Council approve the revised 2016 Community Grant Process. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Traffic Paint Sole Source On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2016 -010: Traffic Paint Sole Source, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2016 construction season as a sole source procurement from Stinson Equipment Limited. Question being taken, the motion was carried. 14.2 Harbour Skating Club — Request for Funds On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the request for funding from the Harbour Skating Club be referred to the Community Grants Committee. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 5 100 - COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 25, 2016/LE 25 JANVIER 2016 16.1 NEB Working Group Update and Release of Informal Information Requests (IRs) to TransCanada On motion of Councillor Farren Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2016 -012: NEB Working Group Update and Release of Informal Information Requests (IRs) to TransCanada, Common Council directs the City Manager: • To release the Informal Information Requests (IRs) as provided in Attachment C to the public and post them in both official languages on the City's website to demonstrate transparency and accountability in the City's commitment to ensure responsible development that supports Council's Priorities of economic health, community of choice, and sustainable infrastructure. Additional copies of the IRs will be available through the Common Clerk's Office. • To deliver an official copy of the bilingual IRs to TransCanada for written response. • To engage TransCanada as required in addressing questions with respect to the I Rs. • To request TransCanada provide an Energy East project update to Common Council. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 2016 Annual Economic Increase — Management /Professional Employees On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on January 25, 2016, Common Council approves a 1.75% annual adjustment to the City's Management / Professional Pay Scale and an increase of the Employer share of Long -Term Disability (LTD) program costs for Management / Professional Employees from 50% to 75 %, both effective January 1, 2016. Question being taken, the motion was carried with Councillors Farren and Strowbridge voting nay. 17.2 Organizational Structure On motion of Councillor Reardon Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on January 25, 2016: The position of Deputy City Manager be established; AND FURTHER BE IT RESOLVED that Neil Jacobsen be appointed to the position of Deputy City Manager effective the 26th day of January, 2016 with initial compensation at Grade B, Step 4: AND FURTHER BE IT RESOLVED that the Organizational Structure approved by Common Council by resolution adopted at its Open Session Meeting held on July 18, 2011 be amended by: 1. Assigning all services within the Strategic Services area to the City Manager's office with the exception of Information Technology Systems, which is assigned to the Finance and Administrative Services service area; 2. Eliminating the service area identified as Strategic Services, and the position of Commissioner of Strategic Services; 3. Creating a service area identified as Corporate Services and assigning to it all services within the Legislated Services service area; 4. Eliminating the service area identified as Legislated Services; and 5. Renaming certain services X 99- COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 11, 2016/LE 11 JANVIER 2016 all as illustrated on the diagram which accompanied the City Manager's correspondence to Council in this regard, dated the 22nd day of January, 2016. AND FURTHER BE IT RESOLVED that the City Manager be delegated the power to redistribute services and /or sub - services identified on the Organizational Chart from one Service Area to another when to do so would reduce the cost of service delivery without impairing the service level, or improve the service level without incurring additional cost, provided that doing so is otherwise permissible. Question being taken, the motion was carried with Mayor Norton casting the deciding vote, with Councillors Farren, Fullerton, Lowe, McAlary and MacKenzie voting nay. 17.3 Interest in Selling Land to City Adjacent to McAllister Industrial Park On motion of Councillor Norton Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on January 25, 2016, the Common Clerk be directed to correspond with Dennis and Janice Griffin to advise the City of Saint John has no interest at this time in acquiring their property, situated adjacent to the McAllister Industrial Park. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the meeting of Common Council held on January 25, 2016 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:30 p.m. Mayor / maire Common Clerk / greffier communal 7 P.R.O. Kids Advisory Committee Chair COUNCILLOR GARY CLARK Quispamsis Representative Vice Chair MATTHEW BEDARD Member Past Chair KATHRYN DAVISON Member Co- Secretary KATIE LANGMAID Grand Bay- Westfield Representative Co- Secretary NATALIE YOUNG Member LISA FRECHETTE Member JEFF KELLEY Member COUNCILLOR JOHN MACKENZIE Saint John Representative COUNCILLOR SHIRLEY MCALARY Saint John Representative ANDREW MILLER Member RAYLENE RICE Member ROB SCOTT Member COUNCILLOR MIRIAM WELLS Rothesay Representative DAVID DOBBELSTEYN P.R.O. Kids Manager KEVIN WATSON Recreation Manager LISA CAISSIE Communications DR. SUSAN SANDERSON, MD Paediatric Consultant POSITIVE RECREATION OPPORTUNITIES FOR KIDS January 29th, 2016 Mayor Mel Norton, and Members of Council, Your Worship and Councillors, Re: P.R.O. Kids Advisory Committee 2016 Executive At the January 20th, 2016 meeting of the P.R.O. Kids Advisory Committee, the following members were elected to serve as the Executive for 2016: Chair: Councillor Gary Clark Vice Chair: Matthew Bedard Past Chair: Kathryn Davison Respectfully Submitted, � /)Nu David Dobbelsteyn Manager P.R.O. Kids P.R.O. Kids - City of Saint John 171 Adelaide St. • P.O. Box 1971 • Saint John, NB • E2L 4L1 Phone: (506) 642 -7529 • Fax: (506) 658 -2902 PROKIDS@SAMTJOHN.CA • WWW.PROKfDSSJ.CA 8 LIVINGSJ Social Renewal Strategy February 2, 2016 Mayor Mel Norton and Members of Common Council P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Norton and Members of Common Council: Generational poverty is an economic and social priority for our community. Efforts from all levels of government, business, neighbourhoods, non - profit and philanthropic organizations are working together to bring about changes needed to improve the quality of life for our citizens. The City is an integral partner to bringing about change through its specific strategies such as Plan SJ and through its actions and partnerships. The City has demonstrated its commitment through investment in neighbourhood revitalization; ugrading of parks and recreation facilities, sustaining community police officers in the neighbourhoods, working with community partners in the Energy East process and continuing commitment to neighbourhood organizations. Both members of Council and senior staff participate in the Living SJ network working together to strengthen our City by focusing efforts on our four prority areas: transform low- income neighbourhoods; close the education achievement gap; improve the health of residents through neighbourhood -based models; and promote education and training that leads to employment for low- income residents. Building momentum and growing the impact describes our past year: • Collective Impact teams are working on the four priority areas affecting individuals and families; • A neighbourhood model of health care is unfolding in Saint John North serving three low- income neighbourhoods; • Increased community and government resources are focusing on the schools where children are struggling with literacy issues; • Recommendations are being developed to enhance policies that better support individuals returning to the workforce; and • Living SJ network continues to grow with seventy -five active members of committees and teams; Our priorities in the upcoming year will build on our strategies and actions but will also increase the focus on engagement and tracking indicators. We will be working with City staff to meet with you in late March to discuss our progress. Living SJ is supported by 12 different partners providing financial and in -kind support, including United Way, Community Foundation and Province of New Brunswick . The City has been as essential partner and we seek its continuing support of $5,000. LIVINGS) Social Renewal Strategy The attached document provides an overview of our purpose, impact to date and Leadership Team members. Please visit our website, www.livingsl, for more information. Thank you for reviewing our request. We look forward to your response. Si rely, % Paulette Hicks, Co- Chair, Living SJ • LIVI NGSJ Social Renewal Strategy BACKGROUND Ending Generational Poverty is a social and economic priority for Saint John. Despite our city's 15 years of progress in reducing poverty, Saint John has the highest child poverty rate among cities in Canada. 31% of children in the City of Saint John live in poverty (21% in New Brunswick). This signals the urgency to accelerate impact. Saint John leaders agreed that the root cause of our city's social malaise was generational poverty, and that we must collectively invest in systems change — the making of policies and practices that strengthen our social foundations in ways that improve our economic future. Living SJ is the strategy to break the cycle and end lifelong poverty. Living SJ is a diverse network of partners representing business, government and educational institutions; philanthropic, non - profit and community organizations; and neighbourhoods who have agreed to be change leaders and work together to strengthen our city and end generational poverty. A Leadership Team (see page 6) of senior influencers provides strategic and collaborative guidance to the growing network of partners (seventy -five members to date). Enterprise SJ has agreed to serve as the host agency for Living SJ, providing financial and legal accountability. While ESJ and Living SJ have separate mandates, the opportunity for mutual benefit is great. Working more closely together will help both entities identify the projects and partners required to change our community's social and economic future. LIVING SJ FOCUSES ON THE SOCIAL FOUNDATIONS THAT FUEL ECONOMIC GROWTH Living SJ engages the Greater Saint John community in a focused approach to end generational poverty. Much of the work serves families within the City of Saint John and in five neighbourhoods that have high concentrations of generational poverty. These neighbourhoods are Saint John's oldest and are located closest to the city centre. Research, extensive consultation and in -depth analysis enabled Living SJ to identify critical community needs and solutions. The common goal to end generational poverty and improve our city's economic future led Living SJ to focus on four game changing priorities and targets: • • L I V I N G S Social Renewal Strategy TARGET Neighbourhoods TARGET n�r201F. 2N ' • = - 8y 2 017 '9G% cif atll famiNes all ii' *11 Ft uce vri- inGarate ascistanm 'wiil popuktion in unu ettwry emaplayment, n tjh trAf horx)d Tj rrrreaRing to 500 by 16% bp, 2028 famillies by 20220 1 TARGET" TARGET A mode I of care ' • = - 8y 2 017 '9G% cif atll for n,4 +r=ry of :.- ' _ through GrBde 2 students IVAInDome o„ • : • . d wAl achiti i WVt f ^;r.�pFit-K�Ur rAnd,'t +:kh iftpmacystandsrd5� models demonstrated R0 • w t by 2020.90%. of dill by 20 20 - high school students L w1l graduete.. By setting targets and continuously assessing the interventions and the progress of children and their families, Living SJ partners work flexibly to change course as needed to strengthen impact. Living SJ focuses on longer -term "break the cycle" solutions that are sustainable, comprehensive and holistic in approach. Members of the Leadership Team co -chair the four Collective Impact Teams established to guide the strategies and actions to achieve key targets and desired results for each of the four priorities. COLLECTIVE IMPACT; A FUNDAMENTALLY DIFFERENT WAY TO ,ACHIEVE � Collective impact is the framework to achieve Living SJ's vision and strategies. Cities around the world have embraced collective impact as the most viable means to address their complex social and economic challenges. Using multi- sector leadership and evidence -based strategies Living SJ is well positioned to put in place the policies, resources and practices that low- income children and their families need to be healthy and succeed in school and life. • • L I V I N Social Renewal Strategy IMPACT OF LIVING SJ AND ITS PARTNERS — TO DATE COMMUNITY FUNDERS: United Way and The Community Foundation utilize the targeted priorities of Living SJ to guide their investments. The Team is working closely with the Neighbourhood Action Group (organizations working in each of our low income neighbourhoods) and the City to develop service agreements to support the continuing and vital work in the neighbourhoods and to support the development of neighbourhood plans and. '771 -05E THE EnUCATION ACHIEVEMENT GAP COLLECTIVE IMPACT TEAM Anglophone South School District confirmed funding for full -time Community School Coordinators and despite the decreased resources in Anglophone School District South, literacy supports have been sustained in priority neighbourhood schools where the need is greatest. The Province of NB recently released the 2015 Grade 2 literacy scores: NB - 78 %; Anglophone School District South (ASD -S) - 79 %; 7 priority neighbourhood schools - 79 %. The early literacy strategies, led by Anglophone School District — South and Achieve Literacy GSJ, have clearly improved the overall scores for many students in inner city neighbourhoods, though much more needs to be accompished. HEALTH C'OLLFCTIVF IMPACT TEAK: The first phase of a neighbourhood -based one stop wellness centre is open in Saint John North offering services including two Nurse practitioners and other visiting services, thanks to temporary space from ONE Change. A community connector position will be piloted to help individuals and families in the North End (Crescent Valley, Old North End and Anglin Drive) connect with government and community services to address their goals and issues. Lorne School Partnership with ONE Change, business, City and growing number of others: Short -term funding will be available to assist the committee in assessing the feasibility of Lorne School facility remaining as a community asset to house programs and services including ONE Stop Wellness Centre. • L I V I N G S J Social Renewal Strategy EMPLOYMENT COLLECTIVE IMPACT TEAM: With input from employers, newly employed individuals, non - profit and government parthers, the Team is focusing efforts on: • Influencing policy changes that will lead to sustainable employment for low income families • Developing strategies for building confidence for those living in poverty so they can access responsive programming that will lead to sustainable employment • Identifying skills gaps with employers and providing appropriate training that links low income families with employment The City, Enterprise SJ, Social Development, staff working with Member of Parliament, neighbourhoods, housing providers and developers are developing a common request to TransCanada Pipeline. A key focus is to propose an alternative to the workcamp model, taking into consideration our high vacancy rate and the need for adequate and affordable housing.. LIVINGSJ Social Renewal Strategy LIVING SJ LEADERSHIP TEAM Business • Business Community Anti - Poverty Initiative, Brice Belyea, Board member* • Delta Hotel, Paulette Hicks, General Manager, and Co -Chair of Living SJ • Enterprise SJ, Steve Carson, Chief Executive Officer • Keir Consulting, Jack Keir, President, and Co -Chair of Living SJ Provincial and Municipal Government • City of Saint John, John MacKenzie, Councillor* • City of Saint John, Jacqueline Hamilton, Commissioner, Growth & Community Development • City of Saint John, Phil Ouellette, Executive Director, Office of the City Manager • Federal Government, Wayne Long, Member of Parliament • Town of Grand Bay-Westfield, Grace Losier, Mayor • Horizon Health Network (Community Health & Extra Mural), Dawn -Marie Buck, Director* • Horizon Health Network (Mental Health), Sue Haley, Director* • Horizon Health Network, Scott Crawford, Regional Lead Community Development* • NB Economic and Social Inclusion Corporation, Stephane LeClair, Executive Director • NB Department of Post - Secondary Education, Training and Labour, Paul Graham, Acting Regional Director • NB Department of Public Safety, Bruce Kingston, Regional Director • NB Department of Social Development, Dan Cameron, Regional Director Education • New Brunswick Community College, Chris Toole, Regional Director* • Anglophone South School District, Zoe Watson Superintendent* • University of New Brunswick — Saint John, Robert MacKinnon, Vice - President • University of New Brunswick — Saint John, Tracey Chiasson, Special Projects, VP office Philanthropic, Non - Profit and Community Organizations and Neighbourhoods • Association Regionale de la Communaute francophone de Saint -Jean, Michel Cote, General Manager • Greater Saint John Community Foundation, Mike Murphy, Chairperson • Greater Saint John Community Foundation, John Travis, Vice - Chairperson • Human Development Council, Hemant Kumar, Chair • Neighbourhood Action Group, Penni Eisenhauer, Chair, Community Developer • Neighbourhood Leader and Community Activist, Juanita Black* • RiverCross Church, John Knight, Community Outreach Pastor • Saint John Boys & Girls Club, Amy Shanks, Executive Director, Co- chair, Community Advisory Team • Saint John Learning Exchange, Christina Fowler, Executive Director* • United Way Serving Saint John, Kings, and Charlotte Counties, Tanya Chapman, Chair • United Way, David Alston, Board Members *Co -chair of Collective Impact Team 6 January 27, 2016 His Worship Mayor Mel Norton And Members of Common Council City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Your Worship and Councillors: On behalf of the Board of the Saint John Free Public Library, I am writing to ask that you consider declaring February 21 to 27, 2016 Freedom to Read Week in Saint John. In support of Freedom to Read Week, the Central Library in Market Square will be featuring a display of banned and challenged books during the month of February. The following declaration has been provided by the national Freedom of Expression Committee and will be used around the country. It is our hope that you will add the voice of Saint John to this national initiative and make this proclamation for our city: FREEDOM TO READ WHEREAS the right to pursue the truth through free inquiry is essential to democratic decision - making; and whereas the freedom to read is the essence of free inquiry; and whereas the freedom to read is under assault from left and right in our society; therefore be it resolved that Saint John Common Council recognizes, reaffirms, and defends the right of the citizens of this community individually to decide what he or she will or will not read (the freedom to read); and further in support of this resolution, this Council, on behalf of the citizens of Saint John, proclaims this city henceforth a Freedom to Read Zone in which the freedom to read is inviolable. I encourage you to visit the Freedom To Read website to view lists of banned and challenged materials, articles and other important information: http: / /www.freedomtoread.ca As always, I would be happy to provide more information or to answer any questions. Sincerely yours, Joann Hamilton -Barry, City Librarian and Board Secretary z BIBLIOTHEQUE PUBLIQUE DE SAINT JOHN FREE PUBLIC LIBRARY CANADA'S FIRST FREE PUBLIC LIBRARY - ESTABLISHED IN 1883 1 LA PREMIERE BIBLIOTHEQUE PUBLIQUE GRATUITE AU CANADA - FONDEE EN 1883 1 MARKET SQUARE, SAINT JOHN, NB E2L4Z6 T:506- 643 -7236 F:506- 643 -7225 SJFPL @GNB.CA WWW.SAINTJOHNLIBRARY.CA 16 Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -19 Report Date February 01, 2016 Meeting Date February 08, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Amendment to Agreement with Plazacorp to Purchase City Land off Millidge Avenue and University Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Curtis Langille Kevin Fudge Jeff Trail RECOMMENDATION That the agreement authorized by Council at its meeting dated August 4, 2015 (M &C #2015 -156) with Plazacorp Property Holdings Inc. for the purchase and sale of City Lands bearing PID #55221717, be amended, to change Section 1.1 by deleting the definition of "Commitment Date ", and replacing it with "August 1, 2016 "; in all other respects the agreement remain unchanged. I : «tf jI1 IS1#1�111 ► i'I Plazacorp has just recently submitted their application to the City for a Municipal Plan Amendment and rezoning of the subject property to allow for their intended commercial development. The timeline required for the aforementioned application will take approximately 3 -4 months to satisfy the regulatory requirements for the process. In light of the above, the proponent is requesting an amendment to the Agreement of Purchase and Sale to extend the "Commitment Date" to August 1, 2016. The parties would then close within 30 days of August 1St, subject to a successful completion of the Plan Amendment and Rezoning application. PREVIOUS RESOLUTION At its meeting of August 4t ", 2015, Council resolved: "That as recommended by the Committee of the Whole, having met on August 4, 2015, the City enter into an Agreement of Purchase and Sale, in the form as 17 -2- attached, with Plazacorp Property Holdings Inc. for the sale of City Lands bearing PID 55221717." STRATEGIC ALIGNMENT Providing a clear and consistent internal process to facilitate investment and development, while maintaining City standards that align with Plan SJ is one of the City's economic health priorities. Providing an extension to the aforementioned Agreement of Purchase and Sale will allow Plazacorp to follow through with their Plan Amendment and rezoning application to seek a favorable result, allowing them to proceed with their intended development. REPORT Under the agreement between the Proponent and the City with respect to the subject property, Plazacorp has extended the "Commitment Date" to allow their proposal to move forward. However, notwithstanding the extension to this date, the developer requires additional time to proceed with their application to the City for an amendment to the Municipal Plan and rezoning. The delay in Plazacorp making such an application was partially due to the complexity of securing a tenant for the proposed development, along with the preparation of a development plan. The application has now been submitted to the City and dates are known for this process to proceed. Therefore, the recommendation contained in this report is to amend the agreement such that the process may continue to its completion. SERVICE AND FINANCIAL OUTCOMES Development of the subject property would increase the tax base, therefore, improving the economic vitality of the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's office has provided input regarding the conditions of the Agreement of Purchase and Sale as they relate to the execution of the agreement and has also reviewed the recommendation contained in this report. ATTACHMENTS Letter from Plazacorp requesting an extension to the "Commitment Date" im January 18, 2016 VIA EMAIL AND FACSIMILE (506) 674 -4214 The City of Saint John The Common Clerk & Real Estate Services P. O. Box /C. P. 1971 Saint John, N.B. E2L 41-1 Attention: The Common Clerk & Curtis Langille Dear Madam /Sir: Re: Purchase of Millidge Avenue & University Avenue land, Saint John, NB I am writing further to the Agreement of Purchase and Sale between the City of Saint John and Plazacorp Property Holdings Inc. dated August 11, 2015 (the "Agreement "). Pursuant to Section 7.4(a) of the Agreement, Plazacorp hereby gives notice of our unilateral 90-day extension of the Commitment Date under Section 4.3(a) from today to Monday, April 18, 2016. In addition, we hereby respectfully request a further extension of the Commitment Date to allow for completion of the rezoning and plan amendment process, which we calculate to require an additional 105 days, being August 1, 2016. The parties would then close 30 days later, per our Agreement, being Wednesday, August 31, 2016. We thank you in advance for your consideration of this extension request and look forward to hearing from you in due course. Yours very truly, P RE IL REIT J es M. Petrie Executive Vice - President & Chief Operating Officer C.C. James Murphy, Stewart McKelvey Lynda Farrell, City of Saint John Legal Dept. NASHWAAKSiS PLAZA 98 MAIN STREET 11URD WCTON. NB E3A 9N6 TEL. 506-451-1826 FAX. 506.451 * 1802 w ww.P1az #9eu ANGLOPHONE SOUTH SCHOOL DISTRICT OFFICE OF THE SUPERINTENDENT _ 490 Woodward Avenue - Saint John, New Brunswick E2K 5N3 Telephone: (506) 658 -5300 - Fax: (506) 658 -5399 - www.asd- s.nbed.nb.ca February 2, 2016 Saint John City Mayor & Council: We are writing to request the opportunity to speak briefly at your council meeting on February 22nd, regarding our District initiative "Attendance Matters ". Anglophone South School District is pleased to introduce a new initiative entitled Attendance Matters, originating in response to a heightened awareness /concern regarding student tardiness and attendance. Administrators, teachers, District Office personnel and members of the District Education Council expressed their concern regarding student attendance. To this end, a working group was formed to study the concern. With the start -up of the 2015 -2016 school year, the District has launched an awareness campaign focusing on student attendance. Family and community members can find information on the Anglophone South website (www.asd - snbed.nb.ca). As well there is a link to a brochure and a short video featuring students from the District. Students are taking an active role in promoting the awareness campaign and the Parent School Support Committees (PSSCs) are involved. ASD -S recognizes that parents /guardians and community members hold the greatest influence with their children. We are seeking your support for the Attendance Matters initiative. To this end, we would like to meet with you to explore how we can work together to raise awareness about the importance of being present and on time for school. It is hoped that the community becomes engaged in and supportive of this initiative. Please contact me at your earliest convenience to schedule a time for your meeting on the 22nd. Thank you. Yours truly, Erica Lane Community Engagement Coordinator Anglophone South School District (506)721 -0852 Erica.lane @gnb.ca New Nouveau BffinSWlck C A N A D A January 221d 2016 To Mayor Dorton & All Members of Saint John Common Council Cc: Mrs. Donna Reardon - Chairperson of Saint John Parking Commission Mr. Gerry Lowe - Ward 4 Councillor To All It May Concern: This is another communication being directed to all parties concerned regarding the "free" parking within the South- Central Peninsula, but more directly the area between Sydney & Carmarthen Streets. This pertains, once again, to employees of The Saint John Parking Commission, parking for free, and not allowing the residents of the area to park in front of their residences. There has been one employee who chooses to use this area for parking during her Nvork day and is picked up in the mornings by a fellow SJPC employee as they dignln v ql?C ID tags, hanging from their mirrors. The pick-up vehicle is "red" with Lic.m . I realize for all Legalities you cannot rota the License Plate, however I have a suggestion that can be and is done throughout the Business World on a regular basis and that is to send out a Departmental Memo with the information J just provided with a warning that "free" parking by any employee will no longer be tolerated and should the practice continue vehicles will be towed at the owners expense. If these employees live in the outlying communities, maybe they should be encouraged to use the Park & Ride system provided by Saint John Transit, of which I do believe the Mrs. Reardon is also a member. Thank You Anna Edgett - 43-142 Queen Street South, Saint John, N.B., E2L 1 S4 21 Z -d V990-V LZ-909 esipad% 1196p3- euuV dj7V; Log L uer ZZ Q , ifjio K\ COUNCIL REPORT M &C No. 2016 -22 Report Date January 26, 2016 Meeting Date February 08, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Spring 2016 Debenture Issue — Notice of Motion OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Craig Lavigne Kevin Fudge Jeff Trail RECOMMENDATION His Worship the Mayor makes the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purpose of the Issue")." THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $ 10,000,000. EXECUTIVE SUMMARY The Notice of Motion has been prepared as a first step in the permanent financing of certain capital projects approved by Council in previous General and Water and Sewerage Capital Budgets. PREVIOUS RESOLUTION 22 -2- Describe how this report aligns with corporate strategies /Council priorities. REPORT The Notice of Motion has been prepared as a first step in the permanent financing of certain capital projects. The purpose of the issue is summarized on the attached schedule. The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. Purpose of Issue The City of Saint John Proposed issue of Debentures To Be Dated On or after March 10, 2016 .h9►l� :7e1�1�L1�7 General Government Protective Services Transportation Services Economic Development Parks and Recreation WATER & SEWERAGE UTILITY Water System Wastewater System $ 400,000 $ 200,000 $ 3,000,000 $ 1,400,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 6,000,000 $ 4,000,000 TOTAL $ 10,000,000 23 -3- Click here to enter text. SERVICE AND FINANCIAL OUTCOMES service impiications related to economic, social or environmental impacts in the community. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Click here to enter text. ATTACHMENTS List attachments related to report. 24 PROCLAMATION WHEREAS: The effects of heart disease and stroke are responsible for widespread suffering and create serious hardship in our community; and WHEREAS: The Heart and Stroke Foundation of New Brunswick is taking positive action to reduce disability and death from heart disease and stroke through: 1. A planned, priority research program to save lives 2. A public and professional heart health promotion program to prevent disease 3. Supporting people living with heart disease and stroke to promote recovery; and WHEREAS: The Heart and Stroke Foundation of New Brunswick's Annual Person -to- Person Campaign is being conducted during the Month of February; NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the month of February 2016 as Heart Month in the City of Saint John and urge all citizens to cooperate in the Heart Month Drive and all civic, social and fraternal organizations and business establishments to give this campaign the greatest possible support. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 25 HEART& FONOATION STROKE DES MALADIES CCU CCEUR FOUNDATION OF DU NOUVEAU - NEW BRUNSWICK I BRUNSWICK January 20, 2016 Mayor Mel Norton PO Box 1971, Market Square Saint John NB E2L 4h1 Dear Mayor and Councillors; R F � E ll V E D JAN 2 1 2016 133 rue Prince William Street 5th Floor /5ieme 6tage Saint John, N.B. (N -B) E21- 2B5 tel /tel: (506) 634 -1620 fax /telec: (506) 648 -0098 1- 800 -663 -3600 h ea rt.stroke@ hsf. n b.ca As you are probably aware, February is Heart Month in New Brunswick. It is during this month that the Heart and Stroke Foundation does its annual Person -to- Person canvass. The money raised during February allows the Foundation to continue to fund its research and heart health promotion programs. The Board of Directors of the Foundation wishes to inform you that our volunteers will be canvassing door -to -door throughout the month of February in the City of Saint John. Cardiovascular diseases are still the most common causes of death in Canadians. They are also the costliest and the most prevalent diseases in this country and in our province. We believe it is possible to significantly reduce that cost through research, health promotion and advocacy. The Heart and Stroke Foundation is active throughout New Brunswick with programs and initiatives in schools, workplaces, and communities. We are dedicated to enabling people to live active healthy lifestyles and to work with government to support healthy public policy. We have enclosed our Heart Month Proclamation for any who would like to use the Proclamation at your Council Meeting in late January or early February. Thank you for your consideration of our request. Sincerely, Kurtis Sisk Chief Executive Officer Heart and Stroke Foundation of New Brunswick rivart -%Inth HEART& FONDATION.°. bruary STROKE DES MALADIES DUCCEUR ET DE CAVC _Te FOUNDATION OF DU NOUVFAU- 2016 NEW BRUNSWICK BRU N$WI CK - Whereas the effects of heart disease and stroke are responsibCe for 'widespread suffering and create serious hardsh p in our community; and `Whereas the ifeart and Stroke Foundation of New Bruns -wick is taking positive action to reduce disabiCity and death from heart disease andstroke through: (1) a pCannec6 priority research program to save Lives (2) a public and professional heart health promotion program to prevent disease (3) supporting peopCe Civing with heart disease andstroke topromote recovery, and `Whereas the Heart and Stroke Foundation of New Brunswick's Annual Person -to- Person Campaign is being conducted during the Month of ,February. Now Therefore, I, McCNorton, Mayor of the City of Saint ,john, hereby procCaim the month of ,February 2016 as Heart Month in City of Saint ,john and urge alC citizens to cooperate in the Heart Month Drive and all civic, social and fraternal organizations and business establishments to give this campaign the greatest possibCe support. In `Witness 'Whereof, I have set my hand and caused the seaC of the MayoraCty of the City of Saint john to be affixedhereto. -V ois du Coeur fevrier 206 Attendu que Ces maladies et Ces accidents cardo- vasculaires causent de grandes souffrances et imposent des contraintes serieuses d notre societe. Attendu que La Fondation des maCadies du Coeur du Nouveau - Brunswick travaiCle d reduire Ces infirmites et Ces deces attribuabCes aux maCadies et aux accidents cardio- vascuCaires : (i) un programme de recherche prioritaire planifie, apte d sauver des vies (2) un programme de promotion de Ca sante du coeur pubCic et professionne6 apte ci prevenir Ca malacCie (3) Ce soutien aux personnes touchees par Ces maCadies du coeur et CATC, apte a favoriser le retablissement, et Attendu que Ca Fondation des maCadies du coeur du Nouveau - Brunswick tiendra sa campagne de souscription a domiciCe pendant tout Ce mois de fevrier. Ainsi donc, je, - %IeCNorton, maire de Ville de Saint ,john, decCare Ce mois de fevrier 2016, le mois du coeur daps Ca Tiffie de Saint ,john. J'incite Ces citoyens d coCCaborer d cette Cevee de fonds et les organismes civiques, sociaux ou benevoCes, Ces entreprises et Ces commerces, d donner toute Caide necessaire d cette campagne de souscription. En foi de quo% j'appose a ce document ma signature et Ce sceau officieC de Ca maire de Ca Ville de Saint john. McCNorton - Mayoripaire PROCLAMATION WHEREAS: the second week in February is provincially recognized as the time to celebrate our heritage; and WHEREAS: the third Monday in February is National Heritage Day in Canada; and WHEREAS: the significant heritage which we have inherited from our ancestors plays a vital role in providing a unique identity to our City; and WHEREAS: this heritage provides us with a legacy to be handed down for the benefit and enjoyment of future generations; and WHEREAS: the City of Saint John wishes to remember those individuals who have helped shaped our identity, and who have forged a place in the history of this City; NOW THEREFORE: I, Mayor Mel Norton, do hereby proclaim the week of February 8 -15, 2016 as Heritage Week and Monday, February 15, 2016 as Heritage Day in Saint John and urge all citizens to support and participate in heritage activities occurring throughout the City. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. , . A PROCLAMATION WHEREAS: The first full week of February is recognized as White Cane Week; and WHEREAS: White Cane Week aims to remind all Canadians that the traditional white cane used by the blind is a symbol of independence, not dependence and that a lack of sight is not a lack of vision; and WHEREAS: 2016 marks the 71st year that this public awareness program has taken place in Canada, and reflects the changing situations of people who are blind and visually unpaired; and WHEREAS: White Cane Week is a program of the Canadian Council of the Blind which has acted as "the voice of the blind" for over 70 years; and WHEREAS: The Saint John Chapter of the Canadian Council of the Blind asks that service providers acknowledge and remove barriers that limit the fullness of life for our City's Blind and Visually Impaired citizens and visitors alike. NOW THEREFORE. I, Mayor Mel Norton, ` of Saint John do hereby proclaim the week of February 7 -14, 2015 as White Cane Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 29 Saint John Multicultural and Newcomers Resource Centre Inc. Presentation to Saint John City Council — February 8t'' 2016 The Saint JohnCentre ltueueil Multicultural & Newcomers I multiculturel et des nouveaux IL Resource Centre Inc. arrivants de SaintJohn Inc. Key Demographic Issues • Population decline in NB since 2009 • Loss of population to other provinces since 2009 • More deaths than births since 2013 • Saint John population continues to decline The SaintJohn '1 Centred'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. W arrivarts de Saint John Inc. Immigration • Stable level of immigration to NB • Immigrant population in Saint John is increasing • Economic and skilled worker immigrants play an important role in moving our city and region forward The SaintJohn '1 Centred'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. W arrivarts de Saint John Inc. ISO 160 140 120 100 SO 60 40 20 0 2001 All ■ All E ■ . w E . ■ ■ 2002 2003 2004 2005 2006 2007 2008 2009 — Economic ■ Family Refugee ■ Other Source: IMDB, Longitudinal Tax Data Base, Michael Haan .. The Saint John Centre d'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. 2010 Economic Benefits of Immigration • From 2005 to 2012 average immigrant's after tax income doubled • Foreign skilled workers after tax income up from $25,000 to $45,000 • PNP immigrants income up from$19,000 to $37,000 • All immigrants' income, including refugees, went up significantly the more time spent in fiL The SaintJohn '1 Centred'accueil Multicultural & Newcomers ,� multiculturel et des nouveaux Resource Centre Inc. W jjjyTTT� arrivants de Saint John Inc. Immigrants who stay in New Brunswick have a better chance of earning more and in contributing more to the tax base. The SaintJohn�''o Centre d'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. The SaintJohn � Centre ltueueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. 11I arrivants de SaintJohn Inc. Vision To foster diversity and community development through service. Mission To improve the cultural, social and economic well- being of the community through the promotion of multiculturalism. The SaintJohn�''o Centre d'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. • Facilitate the integration of newcomers to Saint John and help to retain them. • Create a road map for newcomers. • Build a centrally coordinated service delivery model that connects the existing service providers, community stakeholders and clients. • Support the programs offered by existing settlement and multicultural organizations. • Serve as an advocate for newcomers and the multicultural community in the Saint John region. The SaintJohn '1 ntre Ced'acceI Multicultural & Newcomers multicultur u el et des nouveaux Resource Centre Inc. jjjyTTT� arrivarts de SaintJohn Inc. Organizational Chart Anglophone Services Employment Counselling Youth Program Board of Directors Managing Director Francophone Services Volunteerism Settlement Francophone Services I Events Newcomer Francophone Assistance 11 Volunteerism Board of Directors: Bangladesh Canada China France Malaysia South Korea Turkey Canada China Columbia France Pakistan South Korea Mauritania Volunteers The SaintJohn Centre d'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. Staff : Brazil Canada China France Kenya Mauritania India Kenya Philippines Spain Saudi Arabia Vietnam Program Highlights • Employment Counselling • Newcomer Assistance • Volunteering • Youth Program • Francophone The SaintJohn Centre d'accueiI Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. Employment Counselling Programs Listen & Lunch: 50 + Presentations from 50 Saint John Employers Industry Bus Tour: Enterprise Saint John, BIMP and The Chamber; 60 Participants International Business Showcase Mixer: 150 Participants; BIMP Work Your Network: Partnered with UNB Alumni Association; 60 Professionals and 50 Newcomers SJMNRC Scholarship: Awarded 4 Scholarships in 4 years in the amount $3,750.00 The Saint John Centre d'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. 500 450 400 350 300 250 200 150 100 50 0 Newcomer Assistance Program Year Year Year Year Year 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 The SaintJohn Centre d'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. ■ Newcomer Families Settled in Saint Join ■ PNP Buisness Visitors 0 Volunteering Programs • Engages 70 plus newcomer volunteers into 15 - 20 community events each year. • 20 local volunteer teachers facilities 150 Conversational English Groups ,WN H g The SaintJohn Centred'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. Youth Program 235 newcomer youth from 18 countries participated in 38 activities Partnered with more than 20 local organizations to provide programs Participant Countries of Origin: Australia, China, Korea, Vietnam, Israel, Iran, Bangladesh, Mexico, India, Nepal, Bhutan, Congo, Egypt, Palestine, USA, England, Romania. -OW 4L e, • The SaintJohn Centre d'accueil Multicultural & Newcomers mul6culturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. Francophone Program 878 locals and newcomers participated in 44 Francophone activities from 17 countries 74 volunteers help out with activities Over 50 individuals are served regularly 47 new Francophone explored Saint John as their potential new i • • *.� xa m e I • �{ • j11j _ �•,� �1171f ♦ 4. LUNCH El; F7tOC'AIS WELCOMES EN LLt MIL t 'mat \d. Nt SW— F ..... 0.n, Flefllnnen, InrelnleAl.lex .r \erancr:+l.lelel .p...4en ' Y' Y' \'F:NS'i'Ng1�5 FNE1.l tIIIEV'I EI tPhI km e. peal Fr h E:.we E: Ip..y A...e ft a • oiS �2- _ sxw IrsaY�� C M 'S MNP[ tl65Untlen,tl fly.• • a �� `l4 The Saint John Multicultural & Newcomers Resource Centre Inc. home s>nrtD+w Se uM 11Q P Y' d.PaeY ��/ 11a�. i PuIFE.[m Ir5 �b f hl Law' ma 3aM Y.rM III - �� diicanoaaTb�llk�urnn�lef�` � �F } Centre d'accueil multiculturel et des nouveaux arrivants de Saint john Inc. Welcoming Newcomers from Syria Information and resources on www.somnrc.ca on how to sponsor and support a refugee Publicize awareness and welcoming of refugees to New Brunswick "Saint John Cares" in Partnership with local churches and YMCA Volunteer run Language Conversation Classes in English and French Information and Orientation Services / Bus Tours of Saint John Clothing Drive SAINT JOHN CaA.,e& Additional Capacity qu�ld�ig Centred'accueil Multicultural & Newcomers , multiculturel et des nouveaux Resource Centre Inc. g arrivants de Saint john Inc. ?DR. POUR REFUGEES. RtNGItS 6U MILLION 1 60 MILLIONS displaced de deportrs 20 MILL: ON 20 MILLIONS refugees de reltugies 5V`r ore '15O °':: nary^ des _fs 11 MILLION i 11 MILLIONS displaced I do "penis 4 MULLION refugees 50% are children ? 220,000 killed a MILLIONS de relttyies com eerrny "MukWa �nrrsrmv ymud7 Fre Wans rmembk pmrarrnnr rommwar To cllmft I fift un om w .devp_my oeveWL�ner r & Peace ww,._nedcmz.ca Thet [er^,a[ia arRed Cress www_yrrtcone omerrscom Y Newcaa ier Co reaia^s To val n I paste du 6k*mkt �.3jmnlc.ou Th 5aeifoh^ MuhicLi"ural & WE„ comers & Prsa�rceGerr.re IrrL Wwse_yrei C o n ewc o mlen [ n m Y Newccrner Cowecriws Peide of Pace, L L-i[v and ❑gniy, ehrau Ed +sta[iw ToIpRFIIR afaffay ftwspamm In wm 4rsdltr www.nlp.ou Refugee Spa^sa^s ^ip Training Frggra,r, k1do1renb_Cd6Rrtwn Perugee support [mire Diocese cif Sain[pain 50 %san!des iskemmoseIPatwensirwirpkiz nww.ecrKCh.ca enfants cawdian [aura Tor kerygees cased Ca''dim pa.,r lei R&rugi&LS 2 20, 000 wNw.unhcr-cG rues TheUnked Nmions. High CarnmMiwne W Rerugees BNew'Nouveau runswick C A N A D A Funded by ! Financd par "If icNew�hNou,mau Brunsw k C A N A D A Department of Post - Secondary Education Training and Labour • Employment Assistance Program Also Support • Workability Grants • SEED Students • One Job Pledge Subsidy Can act114" Citizenship and Immigration Canada • Youth Program Supported by: .. Positive Recrectlon 0 1funB1es Tor Kids New hNouveau Brunswick C A N A D A Cilizenship and Cituyenneta al Immigration Canada Immigration Canada The nY M Swim phn Population Growth Division • Newcomer Assistance Program • Volunteering Program Also Supports • Multicultural Grants Canada Citizenship and Immigration BNew Canada er! - Nouveau runswi& Population Growth Division C A N A D A • Francophone Program Supported by: Saint John Community Arts Board The SaintJohn r \ Centre d'accueil Multicultural & Newcomers I r +' multicultureI et des nouveaux The City of Saint John Resource Centre Inc. arrivarts de SaintJohn Inc. Nc huiki stmog kids Plus de vie A la sic s1mng families, des jeunes, dcs families strong communities a et de la ronismmmi[6. YMCA EIVTERI'RISE CHAMBER R UNB SAINT ]aHN lrrspenng peoAre. ideas B investmenf 40$�� New ISru.nswick Museum Musee du Nouveau- [irunswick SAINT JOHN ■ 1 . of IOWA t /A S , District scolaire � francophone Sud _ "� Apprendre "Grcrndrr "Devenir Anglophone Schaal istr c - South 5K1kt�� OrRockwood—not yTripping AR just a Walk in the Park D E SA I\ T -,j E A N A k P*� - IN 1 Greater Saint John Korean Association The SaintJohn VNewcomer Connections Multicultural & Newcomers es Resource Centre Inc. S,ANB Famille et petite enfance d� e A k- d. francophone Sud ine. SAINT ][INN e T�f Centre d'accueil multiculturel et des nouveaux arrivantsdeSaintJohn Inc. dlsan Horizon dSYIfS f]{4''t?4i't?110.!-Ffi± _ • SJMNRC is the first stop for most newcomers • A growing trend of economic immigrants • Usage of SJMNRC services continue to grow • Strengthened community partnerships • Positive growth of immigrant populations to Saint John • The City of Saint John can support immigrants by; • Strengthening SJMNRC through continued support • Invest in both immigration and immigrant retention strategies The SaintJohn '1 Centred'accueil Multicultural & Newcomers multiculturel et des nouveaux Resource Centre Inc. jjjyTTT� arrivarts de Saint John Inc. Contact us Saint John Multicultural & Newcomers Resource Centre Inc. 165 Union Street, 4th Floor Saint John, NB E21- 5C7 Telephone: (506) 642 4242 Fax: (506) 634 6080 Email: mohamed.bagha @sjmnrc.ca Web: www.sjmnrc.ca Twitter handle: @welcometosj Twitter Hashtag: #welcometosj Facebook Account: The Saint John Multicultural & Newcomer Resource Centre Inc. tn Linkedin Page: SJMNRC Employment Centre The Saint John Centre ltureueil Multicultural &Newcomers multiculturel et des nouveaux Resource Centre Inc. arrivants de SaintJohn Inc. .0 , .-. 3540 Westfield Road Rezoning ti The City of Saint John Community Planning & Development Growth & Community Development Services *=low ------------- -= l l 1 �s tih � `t 5m = -y r✓Y ° `�♦ °` ' 1 i/ Im >�4p Z LC3NG fZ p y O� • 'i 111l 1�0 � r v '�'� � Nei ` ♦ �— G� 5 = 53 Norm . .. cJ �J 4 o � ro V w r A:. s } LU LL LU 0540 r A 1 a� _ 1 + ie ALb i'; � �, .a •�_ _ � , e + � ray r .../�' w sty i *4y .t �• � � r b 1 p G Rural 4crral 58 source The Rural Settlement designation promotes complete communities �F L 59 7 10 RU LU LL LU RIN fp RS RS The Rural General Commercial (CRG) zone allows for contractor household 61 1 ce ._ 0 :IKOI I A I I A IN a to Noll [0 Staff recommend that the rezoning application be approved subject to Section 39 conditions • Plop :IIKSI I A I I A 1:1110 No I 110 PAC recommends that the rezoning application be approved subject to Section 39 conditions Community Planning &Development Growth &Community Development Services PLANNING ADVISORY COMMITTEE January 21, 2016 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 3540 Westfield Road FORh� ? The City of Saint John On January 11, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 19, 2016 meeting. The applicant, Emery Chappel, appeared before the Committee and expressed agreement with the Staff recommendation. Joe Brooks, trustee of St. Giles United Church, appeared before the Committee in support of the application indicating they were pleased to see the church property being repurposed. Harold Coughlan, relator for Century 21, appeared before the Committee in support of the application citing the property had been for sale for over two years and added the reuse of the property will fit in nicely with the neighbourhood. No other persons appeared before the Committee and no letters were received regarding the application. After considering the report and the comments, the Committee adopted an amended recommendation to rezone the property. The Committee amended the proposed Section 39 conditions to add a "private club" to the list of excluded uses. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 2840 square metres, located at 3540 Westfield Road, also identified as PIDs 00295337, 55221832, and 55221840, from Page 1 of 2 67 Emery Chappel 3540 Westfield Road January 21, 2016 Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2840 square metres, located at 3540 Westfield Road, also identified as PIDs 00295337, 55221832, and 55221840, shall be subject to the following conditions. a) The use of the site shall be restricted to the proposal and the uses permitted in the Rural General Commercial (CRG) zone with the exception of the following uses: • Private Club; • Service Station; • Vehicle Repair Garage; • Vehicle Sales, Incidental. b) That the portion of the required rear yard extending to the edge of the travelled portion of the Westfield Road street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed commercial use. c) That the portion of the required side and front yard extending to the edge of the travelled portion of the Station Road street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed commercial use. d) That the required landscaping mentioned in conditions c) and d) be illustrated on a detailed site plan, to be prepared by the applicant and subject to the approval of the Development Officer, which shall be attached to the building permit for the proposed change of use. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 68 The City of Saint john Date: January 15, 2016 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, January 19, 2016 SUBJECT Applicant: Emery Chappel Owner: United Church of Canada Location: 3540 Westfield Road PID: 00295337, 55221840 & 55221832 Plan Designation: Rural Settlement Existing Zoning: Neighbourhood Community Facility (CFN) Proposed Zoning: Rural General Commercial (CRG) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, February 8, 2016. Page 1 of 6 69 Emery Chappel 3540 Westfield Road January 15, 2016 SUMMARY The applicant proposes to rezone the subject site from Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG) to allow for the establishment of a household contractor service in the existing building on the site. The site fronts on Westfield Road and Station Road, with a wide access from Westfield Road and two narrower accesses from Station Road, and a large paved parking area. The building is currently vacant, although it was previously used as a church with an office. The applicant does not intend to change the site or the building's exterior or interior to accommodate the proposed uses. Staff recommend approval of the proposed rezoning as the Rural General Commercial (CRG) zone is compatible with the surrounding context and the proposed use would support the surrounding properties, which are primarily residential and zoned Rural Settlement Residential (RS). Four Section 39 conditions are recommended to further ensure the future use of the site is compatible with the surrounding residential properties and to reduce the number and width of accesses on the site with landscaping. RECOMMENDATION 1. That Common Council rezone a parcel of land with an area of approximately 2840 square metres, located at 3540 Westfield Road, also identified as PIDs 00295337, 55221832, and 55221840, from Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2840 square metres, located at 3540 Westfield Road, also identified as PIDs 00295337, 55221832, and 55221840, shall be subject to the following conditions. a) The use of the site shall be restricted to the proposal and the uses permitted in the Rural General Commercial (CRG) zone with the exception of the following uses: • Service Station; • Vehicle Repair Garage; • Vehicle Sales, Incidental. b) That the portion of the required rear yard extending to the edge of the travelled portion of the Westfield Road street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed commercial use. c) That the portion of the required side and front yard extending to the edge of the travelled portion of the Station Road street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed commercial use. Page 2of6 70 Emery Chappel 3540 Westfield Road January 15, 2016 d) That the required landscaping mentioned in conditions c) and d) be illustrated on a detailed site plan, to be prepared by the applicant and subject to the approval of the Development Officer, which shall be attached to the building permit for the proposed change of use. DECISION HISTORY There are no previous planning applications or decisions for the subject property relevant to this application. ANALYSIS Proposal The subject site requires rezoning from Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG) to allow for a household contractor service to be established in the existing building on the site. The household contractor service would consist of a small -scale contractor service, tool storage, and an office. The applicant proposes to make no changes to the building or site to accommodate the proposed use. The applicant also intends to lease a portion of the building to an undetermined commercial tenant. Site and Neighbourhood The subject site is located in the Martinon area of West Saint John near where the City of Saint John borders the Town of Grand Bay - Westfield. The area primarily consists of residential properties along with a few commercial properties. The front of the site fronts on Westfield Road and the rear of the site fronts on Station Road. The building is the former St. Giles United Church; it is currently vacant but was formerly used as a place of worship with a sanctuary and rear office addition. The site has a large access, approximately 28 metres wide, along the Westfield Road frontage and two smaller accesses (one of which partially encroaches on an adjacent property) along the Station Road frontage. The accesses lead to a large paved parking area. Two Section 39 conditions are recommended that require the applicant to reduce the number and width of the access with landscaping to reflect the Zoning By -law requirements. The Zoning By -law permits accesses with a maximum width of 9 metres in commercial zones; therefore, the portion of the access from Westfield Road located in the required rear yard must be reduced in width from 28 metres to 9 metres to reflect the By -law requirement and reduce its negative visual impact on the public realm. Additionally, the By -law does not permit an access within 1.5 metres of a side lot line; therefore, a condition is recommended that requires the access located to the north of the site to be landscaped as it partially encroaches on a neighbouring property. Page 3of6 71 Emery Chappel 3540 Westfield Road January 15, 2016 Municipal Plan and Rezoning The subject site is designated Rural Settlement in the Municipal Plan. The Rural Settlement Area land use designation is designed to recognise historic rural communities in the east side and west side of the City. The Plan identifies three rural communities as part of the Rural Settlement Areas, which includes Martinon to Ketepec, Lorneville and Treadwell Lake. These neighbourhoods were recognized in the Municipal Plan as traditional rural settlements and designated to focus rural growth. The Plan acknowledges the importance of allowing the historical form and function of these areas to continue into the future. The presence of commercial land uses in the Rural Settlement areas allows the evolution of these neighbourhoods to occur in a more sustainable fashion, which aligns with the Plan's stated goal of supporting the growth of more "complete communities." The subject site is zoned Neighbourhood Community Facility (CFN) and the surrounding properties are primarily zoned Rural Settlement Residential (RS), with a few nearby properties zoned Rural General Commercial (CRG). The proposed zoning of the site, Rural General Commercial (CRG), is compatible with the surrounding land uses and supports the Municipal Plan direction for the area, which supports a range of land uses to meet the needs of the community. The proposed use of the site, as a household contractor service, complements the neighbouring residential properties and will allow continued occupancy of an existing church building. The Rural General Commercial (CRG) zone permits a wide range of commercial uses, some of which would be incompatible with the residential uses surrounding the subject site. While the proposed use is compatible with the surrounding residential neighbourhood, rezoning the property to Rural General Commercial (CRG) would allow for the establishment of some less compatible uses in the future. Therefore, a condition is recommended that limits the use of the site to the proposal and the uses permitted in the Rural General Commercial (CRG) zone with the exception of a service station, vehicle repair garage, and incidental vehicle sales. Conclusion The proposed rezoning of the site from Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG) can be supported. The proposed zone complements the surrounding Rural Residential area and the proposed use of the site as a household contractor service is consistent with the Municipal Plan and is deemed an appropriate land use as it supports the surrounding residential uses and presents no apparent land use conflicts. Four Section 39 conditions are recommended to prevent conflicting land uses from being established on the site in the future and to reduce the width and number of accesses on the site by increasing the landscaping to reflect the Zoning By -law requirements. Page 4 of 6 72 Emery Chappel 3540 Westfield Road January 15, 2016 ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on January 4, 2016. The public hearing for the rezoning was advertised in the Telegraph - Journal on January 14, 2016. SIGNATURES AND CONTACT Prepared by: Kristen Flood, MPI Planner Contact: Kristen Flood Phone: 506.658.4528 E -mail: kristen.flood @saintjohn.ca Project: 15 -263 Approved by: Vd Mark Reade, P.Eng., MCIP, RPP Senior Planner Page 5 of 6 73 Emery Chappel 3540 Westfield Road January 15, 2016 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site and Floor Plan Page 6 of 6 74 DOA�O Map 1 - Site Location Emery Chappel - 3540 Westfield Road Au r O J w LL w z S� 9" O a m � Z O Z a ti d 75 LONG BROO, Osz, 0 WADB� r M G% L L, G _ Z N ti /1 O `m 7G 1 V�. �r O �<2� c G G� FRc� MARG The City of Saint John Date: December -21 -15 0 150 m Map 2 - Future Land Use Emery Chappel - 3540 Westfield Road MET The City of Saint John Date: December -21 -15 0 50m� ❑ J W LL H W n T RU 2 RU (CFN) Neighbourhood Community Facility (RU) Rural (RS) Rural Settlement Residential Map 3 - Zoning Emery Chappel - 3540 Westfield Road 77 A 9], /02 �Q Section 39 Conditions The City of Saint John Date: December -21 -15 0 50m I I * i J~ 0 J W LL CO W n 2 Oft � J i �►i s y 'r '' Map 4 - Aerial Photography 7$ Emery Chappel - 3540 Westfield Road ` f ' -- N•i�• - Rk.R � y s . ABCIlk The City of Saint John Date: December -21 -15 Site Photography Emery Chappel - 3540 Westfield Road 79 The City of Saint John Date: December -23 -15 �I e i WO 7t;7 ac lee, . . ...... .. I 3540 Westfield Road Rezoning The City of Saint John Community Planning & Development Growth & Community Development Services DoL�-Rp pR t Mr L�) 1 �v -i r� � i i IV. ❑ LU LL Cl) ui lti 'Iffil ppm- ;r r V�J* . �' t p Rural ,source,__- oy ?ural 87 source_ ? The Rural Settlement designation promotes complete communities � | RU \ | � ` | � ! mu ' Jw we ` r � RS RS \ \ \` -_-_----_-__- � � | RU \ | � ` | � ! mu ' Jw we ` r � RS RS \ \ -_-_----_-__- � ` ` \ ----_ ` � | RU \ | � ` | � ! mu ' Jw we ` r � RS RS The Rural General Commercial (CRG) zone allows for a household contractor i ervi c c 0 WO ., do :IKOI a A I I a 1:1 a to Noll [o Staff recommend that the rezoning application be approved subject to Section 39 conditions 0Y. 40 VWIKOI oil lotQ It$ Moll Is PAC recommends that the rezoning application be approved subject to Section 39 conditions Community Planning &Development Growth &Community Development Services BY -LAW NUMBER C.P. 111 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2480 square metres, located at 3540 Westfield Road, also identified as PID Nos. 00295337, 55221840 and 55221832, from Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG) - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the "- day of *, A.D. 2016 and signed by: Mayor/Maire ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr6t6 ce qui suit: L'arretd de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parceile de terrain d'une superficie d'environ 2 480 metres carr6s, situ6e au 3540, chemin Westfield, et portant les NID 00295337, 55221840 et 55221832, de zone d'installations communautaires de quartier (CFN) a zone commerciale g6n6rale rurale (CRG) - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2016, avec les signatures suivantes : Common Clerk/Greffier communal First Reading Premiere lecture Second Reading - Deuxieme lecture Third Reading Troisieme lecture 0 PROPOSED ZONING BY -LAW AMENDMENT RE: 3540 WESTFIELD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 8, 2016 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 2840 square metres, located at 3540 Westfield Road, also identified as PID Nos. 00295337, 55221840 and 55221832, from Neighbourhood Community Facility (CFN) to Rural General Commercial (CRG). REASON FOR CHANGE: To permit a household contractor service in the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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. PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET: 3540, CHEMIN WESTFIELD Par les prdsentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'Arr6t6 de zonage de The City of Saint John, fors de la reunion ordinaire qui se tiendra dans la Salle du conseil le lundi 8 fevrier 2016 a 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 2 840 metres carr6s, situ6e au 3540, chemin Westfield, et portant les NID 00295337, 55221840 et 55221832, de zone d'installations communautaires de quartier (CFN) A zone commerciale g6n6rale rurale (CRG). RAISON DE LA MODIFICATION: Permettre un service d'entrepreneur a domicile dans le batiment existant. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a 1'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de to the undersigned at City Hall. modification par 6crit a Pattention du soussign6 a l'b6tel de ville. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 97 Si vous avez besoin des services en franrais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 10.25 in. Sales Rep: Elizabeth Cook PROPOSED ZONING BY -LAW AMENDMENT RE: 3340 WESTFIELD ROAD Public Notice is hereby given thal the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Counci Chamber on Monday, February 8, 2016 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 2840 square metres, located at 3540 Westfield Road, also identified as PID Nos, 00295337, 55221840 and 55221832, from Neighbourhood Community Fadlity (CFN) to Rural General Commercial (CRG). REASON FOR CHANGE: To permit a household contractor service in the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.S. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 Ad Number: 8088975R Ad ID: 7096981 Ad Legacy: 8088975 Current Date: Jan 04 2016 09:56AM Start Date: 1/14/2016 End Date: 1/14/2016 Color: B/W Client Approval OK ❑ PROJET DE MODIFICATION DE L'ARRM DE ZONAGE OBJET: 3540, CHEMIN WESTFIELD Par les pr4sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'Arr&4 de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra clans la salle du conseil le lundl 8 fEvrler 2016A18h30: Rezonage dune parcelle de terrain dune superficie d'environ 2 840 metres carr6s, situde au 3540, chemin Westfield, et portant les NID 00295337, 55221840 et 55221832, de zone d'krstalladons communautalms de querder (CFN) A zone corimmidale 96n&ale rurale (CRG). RAISON DE LA MODIFICATION: Permettre un service d'entrepreneur a domicile dans le betiment existant. Toute personne int6ress& peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuiilez faire part de vos objections au projet de modification par 6crit A I'attention du soussign4 a I'h6tel de ville. Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Corrections ❑ 74 At 40%. e-- A4 � 4�1 C) ej r 6 A/gq A� CJ ail�j ;�a ve-, w J I 100 f ;ilW7 ac-&-ors w071=70-0 RL-), All Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 14.42 in. Safes Rep: Elizabeth Cook PROPOSED MUNICIPAL PLAN AMENDMENT RE: 55 UNIVERSITY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 1.5 hectares, located at 55 UniversityAvenue, also identified as PD No. 55221717, from Suburban Ndghbornlwwf, to locaf Centre, as illustrated below, 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from low to Medium Deadly RnMendalto Local Centre. A public presentation of the proposed amendment well take place at a regular meeting of Common Council on Monday, February 8, 2016 in the Council Chamber, Lobby Revel, City Hall. REASON FOR CHANGE: To permit an approximately 1200-square -metre commercial development and potential future development Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 9, 2016. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, 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. If you require French services for a Common Council meeting, ease contact the office of t e Common Clerk Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 55, AVENUE UNIVERMTY Aar les pr6entes, un avis public estdonn6 par lequel le ca 1 communal de The City of Saint John a ('intention d1tudier la mod6ration du plan d'amenagement municipal comme suit: 1. Modifier la d€signation, a annexe A du plan, dune pa le de terrain dune superficie d' iron 1,5 hectares, situ6e au 55, avenue University, et portant le NID 55221717, afin de la faire passer de quwfiw subrxilish A centre IOCK comme it est indiqu6 ckdessous. 2. Modifier la d€signation, 8 I'annexe B du Alan, de fa parcelle de terrain pr6cW afin de la faire passerde seclawr6khwAfd 6 daraRf fidhle au mayarare A renbe llood Une pr6enution publque du projet de modification aura Geu lore de la r6union ordinaire du conseil r communal le 4ardl a 116rrekr 2016 dens la Salle du cone, au niveau du hall dentrk A rh6tel deville. RAISON DE LA MODIRCKTION : Pemrettre un d6veloppement commercial d'environ 1200 rni6tres carr s et tout de mbppement potter tutur. Veuillez faire part au conseil par 6oit de vas objections au prop de modilication au plus tard le 9 mars 2016'& I'atbenntion du sousslgnC Pour toute demande de renseignements, veuillez communiquer avec le bureau du grefffer communal ou le bureau du service de la crokwnce et du d6svebppement communautake $ rh6W de ville au 15, Market Square, Saint John, N.-B, entre 8hh30et16h30dulundiau vendreck sauf les jours Wfis. Si vows rAm besoin des services enfranpis pour une r6unlon de Conseil Communay veulkz contacter le bureau du gre Fier communal. Jonathan Taylor, gre Fier communal 658 -2862 Ad Number: 8118419R Ad ID: 7101478 Ad legacy: 8118419 Current Date: Jan 19 2016 12:56PM Start Date: 1/28/2016 End Date: 1/28/2016 Color: BM Client Approval OK ❑ 101 Corrections ❑ PROPOSED MUNICIPAL PLAN AMENDMENT RE: 55 UNIVERSITY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 1.5 hectares, located at 55 University Avenue, also identified as PID No. 55221717, from Suburban Neighbourhood, to Local Centre, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel of land, from Low to Medium Density Residential to Local Centre. [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, February 8, 2016 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit an approximately 1200- square -metre commercial development and potential future development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 9, 2016. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, 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. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 55, AVENUE UNIVERSITY Par les prdsentes, un avis public est donne par lequel le Conseil communal de The City of Saint John a 1'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier la designation, A 1'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 1,5 hectares, situde au 55, avenue University, et portant le NIL) 55221717, afin de la faire passer de guarder suburbain a centre local, comme it est indiqu6 ci- dessous. 2. Modifier la designation, 6 1'annexe B du plan, de la parcelle de terrain prdcitee, afin de la faire passer de secteur residentiel it densite faible ou moyenne A centre local. [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du Conseil communal le lundi S fevrier 2016 daps la salle du Conseil, au niveau du hall d'entree, a Ph6tel de ville. RAISON DE LA MODIFICATION: Permettre un d6veloppement commercial d'environ 1200 metres carrels et tout d6veloppement potentiel futur. Veuillez faire part au Conseil par 6crit de vos objections au projet de modification au plus tard le 9 mars 2016 A 1'attention du soussignd. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau du service de la croissance et du d6veloppement communautaire d 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 102 as1!►N 103 �rb�eGi-lie -05 (suss! disponible en fronFois) Type of Application Municipal Plan Amendment ❑ Subdivision ❑ Similar 1 Compatible Use 13,-Zoning By -law Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information (� Name of Applicant 0 I f � b11 Mailing Address of Applicant (with Postal Code) �+ 9 8 i r F (An r) Home Telephone Number Work Telephone Number , J- Fax Number � `0 — E-mail f�-A JO Name of Property Owner (if different from applicant) Jaf r) 4F, Mailing Address (with Postal Code) bob r ] e, Property Information Location _ 576— Lkt\ � u, s 1 � � i j" U civic # �yStrad Existing [Ise of Property �'td Y 1� r� Proposed Use of Property Existing Plan Designation of Property nj Mr nr Proposed Plan Designation of Property t C"- C&I Vi x. �) AEr. - Existing Zoning of Property c J F J tJ Proposed Zoning of Property_ _ LL Description of Application what you propose to do (attach additional pages if necessary). Z---JAN 0 6 2016 r �0. NOTE: If the applicant N the o er, Ownees signature or authorization (in writing) to submit this application is Q�,'r S A116 required. Signature of Appli o JAMES M. PETRIE c r Signature of Owner 0 7k0C r2+7 &-J Daft Z� 1 Date �RESIIDEN'i For Office Use WkY Reviewed by Dare Development Officer Information Accompanying Application: �/�etter of intent ❑ jI entative Subdivision Plan Floor Pions ®/ Site Plan ®+' uilding Elevations ❑ Sign Drawings F=*3S Other <44P lL ( mPAY7 SWe r cb PA. Box 1973 SairrtJohn. NB Canada E2L 41 Wm salydlohn.ca C.P. 1971 Saint John. N.-S. Canada EX&I SAINT JOHN Wi 104 January 5", 2016 VIAMLECTRONIC MAIL (mark.readeQsaintjohn.ca) CITY OF SAINT JOHN Growth & Community Development services 10th Floor, City Hall City Of Saint John P.O. Box 1971 Saint John, NB E2L 4L] Alta: Mark Reade, P,Bng., MC1P, RPP, Senior Plenna/Urbaniste Principal Dear Mark: Re: 1VJtilli&evllle It's our intention to construct a 13,000 s.f. single level building for the operation of a drag store. The busmew will be the new home of Jean Coutu Pharmacy. Their shores employs between 45 — 75 staff. Sincerely, PLAZWGR, UP GENMNT L MIMD Myles Martin Vice - President Leasing NASHWAAK,SIS PLAZA 98 MAIN STREET FREDERIC ON, NB E3A 9N6 TEL 506.451-1926 FAX 506.451 + 18M www. p IJ95. ca Sunerficla totala du terrain: t 163 717 oi.ra. Ratio de stationnement: REVISIONS No. Date Description 0007 01 -12 -15 Implantation commercials Le plan du plan provienl du client an date du 30 octodre 2015. Fir-hie Proposed New Site plan.dwg La photo a6denne provient de Google Earth an date du 2 nov. 2015. Las manoeuvres camtons sont veltdees aver, un carrion 53'. Las cadastres, servitudes, 6I6vations at utilitgs publiques devront @tr v6rifi$s per un arpenteur. L'analyse *Iementaire n's pas Mile compldttee sur ce site at des ajustements sont A pr6voir sur cake esquisse. La confonnitb du plan est A vallder aver la Ville. Ce plan no dolt pas Atre utilise pour des fins de construction. Les ajustements fineux devront titre faits sur les plans d'ex6cution, per le protessionnels A mandator. 0 7.5 15 30 45m r. 4 fa'tell coutu. ow ,. r 106 N YIEWDYS / TIM HORTIONS BA� ARE GEDDIETIC METRM I NORM , I cm� ARE: IN NET owma SERmcm mftc� 5. ZTZD SURAT WaftWM PRDMID lor CWX M AppWDWW EMM 0 24X UK GRWE ON U&M Nmm T. QUCN EWWK TO K TSDN AND Soolool NW*MA lose. tomms Gn*Rw*E M0101. L � WCH WMM we VAM AND AM ROZDANSE ID ow CDWM %Do_ INSIER • g, AT ALL � coomernatel To DWW WATIER MA.& �m DmoUmm AND Fm UWL Prom A YNN sw AND smalf wm sm or RON Ama 10 BE *0. � Wm Lmm MW is. commo 10 EE IOLLAM oTl Doil T= 1111110 3rfRDRW WC =oom soff JOHN DE W. --- — — ----- ........... M BE NUA= cwrwL anm m2wm g?" 1.0 N= AND �]L-14 13. ALL Rim RESTRAM Alto IA13L EM TW14M DETAIA Vdm X. �$7 PROPOWD I . . . , I - .._ — -- A momm Amo NEW fn� N L ", '. d a&. — /--NEWENNE ... FIRE DEPARTMENT !§ffE PLAN—PROPOSED SITE PLAN ITO D. y IL FIRE DEPARTMENT !§ffE PLAN—PROPOSED SITE PLAN ITO D. IL 1' @ 1 SAINT JON AMWAAMM SEVER Ilk DoLWoT FIRE DEPARTMENT !§ffE PLAN—PROPOSED SITE PLAN ITO D. IL FIRE DEPARTMENT !§ffE PLAN—PROPOSED SITE PLAN ITO 8 1 WUED R REVIEW A JONM FOR REVIEW UAN 19/18 9l M.1 D—%,R.. [SOU Br Revision or Issue PLAZA GROUP MANAGDAEUr LTD. COMMERCIAL DEVELOPMENT CrAL PROPOSED SITE PLAN MILLIDGE AVE. / UNIVERSITY AVE- 48M LOAHM ISO 900IL CERTIFIED "t N. Dnle 15203.001 C�n&! 20151S D= ", THM/" M. I Apl.—d Bum m.t N. I of 1 D..Ang N. a D. @ SAINT JON AMWAAMM SEVER Ilk DoLWoT PRWO= L41105CAPINO BY WHERM GLARBAGE EIRS lwmm Exffm BuILDING RWE T. W- &= 8 1 WUED R REVIEW A JONM FOR REVIEW UAN 19/18 9l M.1 D—%,R.. [SOU Br Revision or Issue PLAZA GROUP MANAGDAEUr LTD. COMMERCIAL DEVELOPMENT CrAL PROPOSED SITE PLAN MILLIDGE AVE. / UNIVERSITY AVE- 48M LOAHM ISO 900IL CERTIFIED "t N. Dnle 15203.001 C�n&! 20151S D= ", THM/" M. I Apl.—d Bum m.t N. I of 1 D..Ang N. a Tara' TU OF PAViPEf PLHZR _ -_ 14P4FPMMEf 1$.� —�; — Martin PoWquin AnchMct EA 4R6 11ea• us GFRMFOFAi — '— w - �� -;___ __. urs GFnaGFG¢:: 11ra• S"&1606 *3,7, Tna• Tr�GFwxxna _ --- _ _ - - -J_ iffaGx GOGR Ina' mpFRiquiY4lbr�bnmm IONP iGPGFGOxfJk IE9lA9 _— �, 1 FRONT ELEVATION 1934' TGPGFPARIPET _.��— —_ —_ TGPGFPARIiFFT IY'a' TEO'V TGPGFPARAPEr -�_— - Nfla' 4BaFR'3GF_CEI]( _ —_— _ - -� —_ —_ 490E PIDFCPf31 11ra' Jean Coutu . _ -- iGP GFYIIIOLYfB 1174 10rff TGP OF WNCREiE9W _— i'. _ - _-Ai — _ —_eue i0P4 2 LEFT ELEVATION A2 Frxear•rF TavGFVARwET -- -- ToP�vuua9r Tart 1Paa TOPGFPMNET _ --- nra 1usaFRwF99a1 — - — � -- -- -- wac_raGFGeGK ura• TOPGF CCW]kIE SIM 19PQ 3 REAR ELEVATION a�+ear•rr ma. REVadloN DATE - - -_ —MIT 9T � JEAN COUTU BASE BUILDING DESIGN TararAawFr rrr SAINT JOHN, NB nfla- 1�aRC'iFOeoc - — -- -- u9GFRGGF [ECA nu• oevmr o, PROPOSED ELEVATIONS Lm- e _ V r IOPa' TGP OFGGIlLFc1E 9U8 _— I •.. � _ _ �_ _ � _ � . -.' _ .• _ � - — _ _ _ _ __ � _ � � �' � � _ _ _ candle a_ue Sava 4 RIGHT ELEVATION A2 1 PROPOSED FLOOR PLAN Al — PROPOSED MEZZANINE PLANMEZZANINE PLAN PLHZR Marlin PaWquin Architect 65 Yor75tr S.kWft NW0ruroMd 64L U6 1 707 -K61EV6 1 50673637:1 mp*.WrWPM.lb- x�. 0.,m JEAN COUTU BASE BUILDING DESIGN SAINT JOHN, NB PRUPOSED FLOOR PLAN r oL�7eaas � kln�s e �asxo .n r, n Al of -k.zm Nicol 111 in- 1 l� PROPOSED MEZZANINE PLANMEZZANINE PLAN PLHZR Marlin PaWquin Architect 65 Yor75tr S.kWft NW0ruroMd 64L U6 1 707 -K61EV6 1 50673637:1 mp*.WrWPM.lb- x�. 0.,m JEAN COUTU BASE BUILDING DESIGN SAINT JOHN, NB PRUPOSED FLOOR PLAN r oL�7eaas � kln�s e �asxo .n r, n Al of -k.zm Plaza Retail REIT Traffic Impact Study for a Commercial Development at 65 University Avenue, Saint John Type of Document: Draft Final Report Project Name: Traffic Impact Study for a Commercial Development at 55 University Avenue, Saint John Project Number: FRE- 00228006 -AO Prepared By: Danielle Sullivan, MIT. Reviewed By: Don Good, P.Eng exp Services Inc. 1133 Regent Street, Suite 300 Fredericton, NB E313 3Z2 Canada T: +1.506.452.9000 F: +1.506.459.3954 www.exp. m A, , "L Don Good, P.Eng. Professional Registration Number: M1866 (New Brunswick) Date Submitted: January 5th, 2016 110 V ; i^ Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllldge Avenue FRE -00228006 AO January 5th, 2016 Legal Notification This report was prepared by exp Services Inc. for the account of Plaza Retail REIT. Any use which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. Exp Services Inc. accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this project. 'ex . 111 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2018 Table of Contents 1 Introduction .......................................................................................... ..............................1 1.1 Background ............................................................................................ ..............................1 1.2 Study Objectives ......................................................... ......................................................... 2 1.3 Horizon Period .................................. ................ ............... 2 2 Information Gathering ......................................................................... ..............................3 2.1 Street Characteristics ............................................................................. ... ... .......................3 2.2 Intersection Characteristics .......................................................... ............................... .6 2.3 Traffic Counts ..................................... ............................... ................. ............................... ..7 2.4 Horizon Year Traffic Volumes ................................................................ ..............................9 2.5 City Consultation .................................................. ............................... ......................... .....11 3 Existing and Future Background Traffic Operations ...................... .............................12 3.1 Introduction ........... ......................... . .. . .. ............................... .......12 3.2 Existing and Horizon Year (2020) Level of Service without Development ........................13 4 Development Traffic Generation and Assignment .......................... .............................15 4.1 Traffic Generation ........................................................... ............................... ...15 ................. 4.2 Traffic Assignment ................................................................................ .............................15 5 Access Considerations of Proposed Development ........................ .............................19 5.1 Introduction .............................................. ............................... - - -19 ......... ............................... 5.2 Development Access onto University Avenue ...................................... .............................19 6 LOS Analysis with Development ...................................................... .............................21 7 Site Plan Review ................................................................................. .............................23 7.1 Pedestrian and Cyclist Access ............................................................. .............................23 7.2 Service Vehicle Access ..................................................... ....... ........................ ...23 7.3 Transit Access ....................................................... ............................... ..........24 ................... 7.4 Drive -Thru Queue Storage ...................................................... ...... .... ..................... .......24 7.5 Site Layout and Parking ........................................ ............................... ..24 ........................... 8 Conclusions and Recommendations ............................................... .............................24 ill 112 Plaza Retail REIT Traffle Impact Study for a Comma rdal Development at 55 UnlversNyAvenue, MllNdge avenue FRE 00229008 -AO January 5th, 2018 List of Tables Table1— Level of Service Criteria for Intersections ................................................ .............................12 Table 2 — LOS Analysis: Existing and Horizon Year Conditions without Development ........................14 Table 3 — Estimated Traffic Generation of Proposed Developments—, .............. .............................15 Table 4 — LOS Analysis for Horizon Year (2019) Conditions with Development ..... .............................22 List of Figures Figure 1-- Study Area and Proposed Development Location ............................... ..............................1 Figure 2 — University Avenue Looking East In front of Proposed Accesses ............. ..............................3 Figure 3 — University Avenue Looking East toward Candlewood Lane .................... ..............................4 Figure 4 — University Avenue Looking West from Candlewood Lane ...................... ..............................4 Figure 6 -- University Avenue at Millidge Avenue .. .......................................... ..............................6 Figure 6 — Candlewood Lane Looking South from University Avenue ..................... ..............................6 Figure 7 -- Existing Lane Configurations at University l Millidge Intersection ........... ..............................6 Figure 8 — Existing Peak Hour Traffic Volumes ........................................................ ..............................8 Figure 9 — Projected 2020 Horizon Year Traffic Volumes without the Proposed Development ...... ,.... 10 Figure 10 — Estimated Peak Hour Traffic Assignment of Proposed Development .. .............................17 Figure 11 — Projected 2020 Horizon Year Traffic Volumes with Development ....... .............................18 List of Appendices APPENDIX A — Proposed Site Plan APPENDIX B — Traffic Volume Data APPENDIX C — LOS Analysis without Development APPENDIX D -- TAC Signal Warrant Worksheets APPENDIX E — LOS Analysis with Development exp Quality System Checks Project No.: FRE - 00228006 -AO Date: January 5th, 2016 Type of Document: Draft Final Report Revi ' No.: 1 Prepared By: Danielle Sullivan, MIT Reviewed By: Don Good, P. Eng. n- v IV 113 .q P. Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, M11idge Avenue FRE- 00228006 -AO January 5th, 2016 1 - 1.1 Background Plaza Retail REIT (Plaza) is proposing to redevelop an existing property near the southeast corner of the University Avenue / Miilidge Avenue intersection in Saint John. The redevelopment will consist of a 13,000 ft2 (1,208 m2) pharmacy with a drive -thru. The drive -thru will not have a speaker to submit an order. There are no specific plans for future development at this time; however, if and when plans are available the traffic study will be revised to reflect additional development. The site plan for the proposed commercial development is included in Appendix A. The existing property is occupied by a Saint John Fire Department office and St. John Ambulance office building. There is a low amount of traffic being generated from the existing land uses. As part of the planning approval process, Plaza retained exp to complete a Traffic Impact Study (TIS) for the proposed development. The location of the proposed development and the Study Area for this TIS are shown below in Figure 1. Figure 1 — Study Area and Proposed Development Location • 4 °X 114 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 51h, 2016 1.2 Study Objectives The objectives of this TIS is to determine the traffic impacts of the proposed development, if any, on the adjacent existing streets and intersections, as well as to determine what traffic controls are required, if any, for both vehicular and pedestrian traffic. The following activities were undertaken as part of the TIS: • A site visit was completed by exp staff to review existing streets and intersections during peak hours without the development. Existing traffic control, street characteristics, and lane configurations were noted; • Discussion was held with City of Saint John Planning and Engineering staff to determine any issues or concerns that the City has with the proposed redevelopment related to traffic and pedestrians. • Existing traffic signal timing and phasing data for the University Avenue 1 Millidge Avenue intersection were obtained from the City; • Exp completed morning and evening peak hour turning movement counts at the University Avenue / Millidge Avenue intersection. Counts for the University Avenue 1 Tim's Driveway were obtained from a previous study completed in 2014; • Level of service analysis was conducted under existing traffic conditions and any deficiencies were identified; • Future horizon year traffic volumes were projected without the proposed development; • Level of service analysis was conducted under future horizon year traffic volumes without the proposed development. • An estimate of the amount of traffic that will be generated by the proposed development was prepared and assigned to the development accesses and Study Area streets and intersections; • Level of service analysis was conducted under future traffic volumes with the development in place and any deficiencies were identified; • Site characteristics were reviewed with respect to pedestrian and cyclist access, service vehicle access, transit access and drive -thru queue storage; Recommendations were developed for any deficiencies identified as part of this TIS; and • The methodology, findings, and recommendations from the TIS were summarized in this written report. 1.3 Horizon Period A 5 -year (2020) horizon period has been applied with and without the proposed development in place, to evaluate future traffic flows within the Study Area. 115 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 5th, 2016 2 Information Gathering 2.1 Street Characteristics University Avenue is classified as an urban collector street within the Study Area. It provides access between Millidge Avenue and Samuel Davis Drive, as well as, access to several restaurants, residential complexes and the Saint John Regional Hospital. University Avenue has a posted speed limit of 60 km /h with a 4 -lane cross - section and sidewalks on both north and south sides of the street. There is a grass median separating the eastbound and westbound lanes. University Avenue has zero shared lane with cyclist on both side of the street. The median contains two breaks to allow for left turns for access to the Tim HortonsMendy's and the new Shannex development located on the north side of University Avenue. The estimated daily traffic volume on University Avenue east of Millidge Avenue is 8,350 vehicles. Figure 2 shows University Avenue looking east in front of the proposed accesses. Figure 3 and Figure 4 show University Avenue looking east and west from Candlewood Lane. 3 Figure 2 — University Avenue Looking East in front of Proposed Accesses 116 ,VA Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2016 Figure 3 — University Avenue Looking East toward Candiewood Lane Figure 4 ,-- University Avenue Looking West frnrn Candiewood Lane �° YY 117 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 5th, 2016 Millidge Avenue is classified as an urban collector. It provides direct access to various land uses, as well as a north -south route through the north end of the City to Millidgeviile. Millidge Avenue has a posted speed of 60 km /h with a Nane cross- section and an additional right -turn slip lane at the intersection with University Avenue. There are sidewalks along both the east and west sides of the street. There are dedicated bike lanes on both sides of the street. The estimated daily traffic volume on Millidge Avenue, south of University Avenue is 11,600 vehicles. Figure 5 shows the University Avenue /Millidge Avenue intersection. Figure 5 — University Avenue at Millidge Avenue V ex P. 118 Plaza Retail RE1T Traffic impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228005 AO January 5th, 2016 Candlewood Lane is as an urban local street. It provides one -way access to a series of townhouses before looping back around to University Avenue. It features a wide 1 -lane cross - section, with on- street parking in front of the townhouses. This roadway foes not have a sidewalk. Figure 6 shows Candlewood Lane looking south. Figure 6 — Candlewood Lane Looking South from University Avenue 2.2 Intersection Characteristics The intersection located at University Avenue 1 Millidge Avenue operates under pre -timed traffic control. Existing traffic signal phasing and timings were provided by the City of Saint John. The intersection operates under a four -phase timing scheme. The northbound and westbound approaches have an advanced left turn phase. A separate pedestrian "scramble" phase is provided and is push- button activated. The University Avenue 1 Tim Hortons intersection is controlled by a stop sign on the Tim Hortons Driveway approach. There is no separate left turn lane onto University Avenue. There is a separate left turn lane on University Avenue for movements into the Tim Hortons development. Figure 7 shows the existing lane configurations at this intersection. A right -turn slip lane is provided at the northbound approach on Millidge Avenue. The University Avenue 1 Tim Hortons intersection is controlled by a stop sign on the Tim Hortons Driveway approach. There is no separate left turn lane onto University Avenue. There is a separate left turn lane on University Avenue for movements into the Tim Hortons development. 2 119 exp Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, 1011 idge Avenue FRE- 00228006 -AO January 5th, 2016 Figure 7 — Existing Lane Configurations at University 1 Millidge Intersection M111W a Avenue 1 Unhrerdty W - - -- '— E Avenue t rF S There are no traffic control devices at the west entrance to Candlewood, however the east end of Candlewood Lane operates under stop control. There are no dedicated left -tum lanes on University Avenue in either direction. 2.3 Traffic Counts Exp staff completed a peak hour traffic count at the University Avenue 1 Millidge Avenue intersection on Wednesday August 8th, 2015. The counts were completed during the following peak time periods: • 7:00am — 9:00am; • 11:30am — 1:30pm; and 4:00pm — 6:00pm. The AM peak hour occurred from 7:30am to 8:30am and the PM peak hour occurred from 4:00pm to 5:00pm. These peak time periods were utilized in the traffic study analysis. A previous traffic count for University Avenue 1 Tim's Driveway was collected on August 14th, 2014. No major changes have been made to this intersection or the development since the count was taken, therefore these counts will be utilized in the analysis for this TIS. Figure 8 shows the existing 2015 AM and PM peak hour traffic volumes within the Study Area, respectively. Complete traffic volume summaries are provided in Appendix B. 120 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 5th, 2016 Figure 8 — Existing Peak Hour Traffic Volumes n- PP P. ° • e V//\ 121 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2016 2.4 Horizon Year Traffic Volumes In order to evaluate future traffic conditions without the proposed development operational, background traffic growth needed to be estimated. Projecting future traffic growth without the proposed development allows for a comparison between future traffic conditions without the development to future traffic conditions with the development. This allows for an assessment of the actual impact of the development. Based on comparison to a previous traffic study at this location, the Study Team discussed that an annual growth rate of 2% be selected for background traffic growth on all streets within the study area. This reflects the potential for continued growth in the Mlllidgeville area within the next five years and is an aggressive growth rate. Figure 9 shows the projected background 2020 AM and PM peak hour traffic volumes without the proposed development in place. 9 122 *�exp Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 AO January 5th, 2016 Figure 8 — Projected 2020 Horizon Year Traffic Volumes without the Proposed Development 10 123 got. . PX•y PsV/ \ a Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 university Avenue, M11110ge Avenue FRE-00228006 -AO January 5th, 2016 2.5 City Consultation Prior to beginning this study, a discussion was held with the City Staff as to the traffic issues or concerns with the proposed development. The City indicated their concerns were similar to those they put forward when a previous development was proposed for this site. These concerns were: • Impacts to operations at the Millidge Avenue 1 University Avenue intersection as a result of the development traffic; • Traffic operations and traffic control requirements at the development accesses (particularly for the access opposite the Tim Hortons access) and the reserve capacity available to accommodate future phases of development. Pedestrian access across University Avenue between the proposed development and Tim Hortons and Shannex; Parking and truck access throughout the site; and Transit and Cyclist access. The Study Team has reviewed the concerns raised by City staff within this report. 11 124 exp Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 AO January 5th, 2016 3 Existing and Future Background Traffic Operations 3.1 Introduction Existing and horizon year operational conditions were established to determine how the street network within the Study Area is currently functioning and will function by the horizon year without the proposed development. Traffic operations within the Study Area were evaluated using current traffic volumes, road configuration and traffic control. The intersection performance was measured using the traffic analysis software, Synchro 8, a deterministic model that employs Highway Capacity Manual and Intersection Capacity Utilization methodologies for analyzing intersection operations. These procedures are accepted by provincial and municipal agencies throughout North America. The intersection operations were primarily evaluated in terms of the level of service (LOS). Level of service is a common measure of the quality of performance at an intersection and is defined in terms of vehicular delay. This delay includes deceleration delay, queue move -up time, stopped delay, and acceleration delay. LOS is expressed on a scale of A through F, where LOS A represents very little delay (i.e. less than 10 seconds per vehicle) and LOS F represents very high delay (i.e. greater than 50 seconds per vehicle for a stop sign controlled intersection and greater than 80 seconds per vehicle for a signalized intersection). Usually LOS D or better is considered acceptable in urban areas before improvements are considered, although some communities accept LOS E. The LOS criteria for signalized and stop sign controlled intersections are shown in Table 1. A description of traffic performance characteristics is included for each LOS. Table 1 — Level of Service Criteria for Intersections 12 125 R1;D Control Delay (seconds per vehicle) LOS LOS Description Signalized Stop Controlled Intersections Intersections A Very low delay; most vehicles do not stop (Excellent) less than 10.0 less than 10.0 B Higher delay; more vehicles stop (Very Good) between 10.0 and 20.0 between 10.0 and 15.0 Higher level of congestion; number of vehicles stopping is C significant, although many still pass through intersection between 20.0 and 35.0 between 15.0 and 25.0 without stopping (Good) Congestion becomes noticeable; vehicles must sometimes D wait through more than one red light; many vehicles stop between 35.0 and 55.0 between 25.0 and 35.0 (Satisfactory) Vehicles must often wait through more than one red light; E considered by many agencies to be the limit of acceptable between 55.0 and 80.0 between 35.0 and 50.0 delay This level is considered to be unacceptable to most drivers; F occurs when arrival flow rates exceed the capacity of the greater than 80.0 greater than 50.0 intersection (Unacceptable) 12 125 R1;D Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 5th, 2016 3.2 Existing and Horizon Year (2020) Level of Service without Development The LOS for existing and project horizon year traffic volumes without development are presented below in Table 2. The analysis output can be found in Appendix C. Existing signal phasing and timings at the University Avenue/ Millidge Avenue intersection were utilized in the traffic model developed for this study. Under current traffic volumes, the Millidge Avenue / University Avenue intersection operates at an overall good LOS C with an average delay just over 20 seconds during peak periods. The highest delay is in the southbound through lane, which is currently operating at a satisfactory LOS D with an average delay of approximately 37 seconds per vehicle, during both the AM and PM peak periods. The volume to capacity ratio is only 0.5, so there is still plenty of capacity. The Tim Horton's / University Avenue intersection operates with an overall with a LOS A under existing conditions. The average delay for vehicles turning left from University Avenue into Tim Horton's is less than 4 seconds. The left and right turn movements exiting from the Tim Horton's driveway onto University Avenue operate under a LOS B, with an average delay of 13 seconds. By the 2020 horizon year without development, the Millidge Avenue / University Avenue intersection is projected to operate efficiently at an overall LOS C. The southbound through and right turn lanes are projected to experience the highest delay of approximately 37 and 39 seconds, resulting in a satisfactory LOS D during the AM and PM peak period. The delay in the southbound left turn lane during the AM and PM peak periods is projected to be just under 36 seconds, which reflects LOS C in the AM and LOS D in the PM. The Tim Horton's / University Avenue intersection is projected to remain operating at an overall LOS A in 2020 under existing conditions. There are no operational deficiencies projected within the Study Area for the 2020 horizon period without the proposed development. 13 126 �exp Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 AO January 5th, 2016 Table 2 - LOS Analysis: Existing and Horizon Year Conditions without Development 14 127 Turning Movement LOS Average Delay (seconds per vehicle) Intersection Overall [Volume to Capacity Ratio vie LOS & Eastbound Westbound Northbound Southbound Delay L T R L T R L T R L T R North South Traffic Time (seclveh) Street @ East Control Period a 41 1 N 41 N «f t West Street Existing 2015 Conditions LOS C C A C B B B A C D Millidge Avenue AM Peak 22.0 Shared 33.2 3.5 21.9 17.1 Shared 19.2 20.0 7.6 34 36.5 Shared 0.30 [0.23 [0.31 0.27] 0.09 0.1 0.32 0.29 0.49 University Avenue L23 C A C B C C A C D PM Peak 4 Shared 34.1 2.3 25.0 15.5 Shared 21.3 23.2 7.0 34.5 37.7 Shared 0.35 020 0.4 0.25 [0.26 ] [0.3 0.3 0.29 0.55 LOS A A A Free B B Tim Horton's AM Peak 3.8 8.2 0 - - - -- - - - -- Flow Shared -- ----- 13.1 - - - -- 13.1 �' 0.08 D.Dfi D.1D 0.2 0.2 University Avenue LOS A A A Free B B PM Peak 8.3 0 - - - - -- Flow Shared - - - -- -- - - - -- 12.6 - - - -- 12.6 2.1 0.05 0.08 0.14 0.17 0.1 Pro acted 2020 Horizon Year without Development Conditions LOS C C A C B B C A C D Millidge Avenue AM Peak 22.6 Shared 33.8 4.4 22.5 17.9 Shared 19.4 20.2 7.6 34.7 37.9 Shared University 0.32 0.24 0.33 0.28 0.10 0.16 0.33 0.30 0.51 Avenue L24 C A C B C C A D D PM Peak 4 Shared 34.8 3.2 26.6 16.2 Shared 21.9 219 7.6 35.4 39.6 Shared ro.391 ro.221 0.54 0.2 71 rO.301 ro.431 0.33 Q.32 0.60 A A Free B B Tim Horton's @ AM Peak LOS A 4.0 8.3 Q - - - -- - - - -- Flow Shared - -- 14.2 - - - -- 14.2 AM 1 0.09 0.07 0.11 0.32 0.32 University Avenue L22A A A Free 8 B PM Peak 8.5 0 - - - -- - - - -- Flow Shared - - - -- - - - -- 13.3 - - -- 13.3 0.06 0.09 0.15 0.20j 0.20 14 127 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 AO January 51h, 2016 4 Development Traffic Generation and Assignment 4.1 Traffic Generation In order to estimate the amount of traffic that will be generated at the new development site, trip generation rates were utilized for the proposed development. These rates are documented in the TripGen 2013 software based on the 91" edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE). The developer provided the Study Team with land use assumptions to aide in the traffic generation process. The proposed development is to be a pharmacy with drive -thru. As indicated earlier there are no plans at this time for future development, but if there are plans, the traffic study will be updated. Table 3 shows the estimated traffic generation of the proposed development. Table 3 — Estimated Traffic Generation of Proposed Developments Development Size (W) AM Peak Hour PM Peak Hour IN OUT TOTAL IN OUT TOTAL Pharmacy With Drive -Thru 13000 ft2 23 22 45 64 64 128 ITE Land Use # 881 1208 m2 In the morning peak hour, the development is projected to generate 45 trips to and from the site. The evening peak hour will be busier with 128 vehicles entering and exiting the site. 4.2 Traffic Assignment New developments generate new traffic, the total traffic generated is comprised of new traffic, diverted traffic and pass -by traffic. New traffic is generated by a new development being constructed and in operation, this is traffic that would not have been on the street network without the new development, and needs to be added to the adjacent street and intersection approaches. Diverted traffic is traffic that has been diverted from other nearby areas as a result of the development and also increases the traffic on adjacent streets and intersection approaches. Pass -by traffic is traffic that is already on the adjacent street and intersection approaches and makes an intermediate trip to the development. This traffic is not new to the adjacent street network. Since University Avenue is not a commuter corridor, a 0% pass -by trip percentage has been used for this Study. New traffic was assigned to the development accesses and Study Area intersections based on estimated origins and destinations of development traffic. The following summarizes the assumptions utilized for assigning new traffic to the development for the AM peak hour: • Traffic generated from the west on Woodward Avenue: 18 %; • Traffic generated from the east on University Avenue: 40 %; Traffic generated from the north on Millidge Avenue: 18 %; and 15 128 exp Plaza Retail REIT Traffic impact Study for a Commercial Development at 55 University Avenue, MIllldge Avenue FRE- 00228006 -AO January 5th, 2016 • Traffic generated from the south on Millidge Avenue: 24 %. The following summarizes the assumptions utilized for assigning new traffic to the development for the PM peak hour: • Traffic generated from the west on Woodward Avenue: 12 %; • Traffic generated from the west on University Avenue: 40 %; ■ Traffic generated from the north on Millidge Avenue: 30 %; and • Traffic generated from the south on Millidge Avenue: 18 %. Figure 10 shows the traffic assignment to the proposed development accesses and Study Area intersections during the AM and PM peak hours. Figure 12 shows the total projected horizon year (2020) traffic volumes with the development operational. 16 129 exp 17 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2016 Figure 10 — Estimated Peak Hour Traffic Assignment of Proposed Development 130 18 Plaza Retail REIT Traffic impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE -00228006 -AO January 5th, 2016 Figure 11 — Projected 2020 Horizon Year Traffic Volumes with Development ilk 131 Iexp. Plaza Retail ROT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE 00228006 AO January 5th, 2016 5 Access Considerations of Proposed Development 5.1 Introduction This section provides a summary of the proposed access configurations based on the site plan provided in Appendix A. Transportation Association of Canada (TAC) signal warrant analyses and driveway spacing assessments have been applied where appropriate. 5.2 Development Access onto University Avenue The proposed site plan shows a single access onto University Avenue. The access will be located 67 metres east of the University Avenue 1 Millidge Avenue intersection and is directly across the street from the Tim Hortons access that is located on the north side of University Avenue. This access will consist of three lanes, one lane entering the development and two lanes exiting (a designated left turn lane and a separate thru and right lane). Intersection Spacing and Geometry The proposed location of the access is approximately 67 m east of the Millidge Avenue 1 University Avenue intersection (measured from edge of street to edge of driveway). The TAC Geometric Design Guide suggest a minimum corner clearance of 55 m between an access and major signalized intersection on a collector street, therefore a distance of 67m exceeds the minimum clearance. During detailed design, the proposed development driveway should be located directly opposite the existing driveways such that there is no offset between driveways. TAC Signal Warrant Analysis A traffic signal warrant analysis was completed at this intersection to determine if signalized control would be appropriate based on proposed intersection characteristics. The TAC methodology was applied for the signal warrant analysis. This methodology and rationale is documented in the Traffic Signal and Pedestrian Signal Head Warrant Handbook that was recently updated in June of 2014. The warrant methodology takes into account the following intersection characteristics: 19 • Turning movement and pedestrian volumes for a six -hour period covering the AM, midday, and PM peak periods; • Intersection geometry (i.e. lane configurations, intersection spacing); • Proximity of nearest upstream traffic signals; ■ Adjacent land uses (i.e. schools and senior citizen complexes); • Location within the community (i.e. proximity to Central Business District); • Population of community; and • Percentage of trucks and the presence of a bus route. 132 exp Plaza Retail REIT Traffic impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2096 The TAC methodology evaluates the need for a traffic signal based on a priority rating point system of the above characteristics. The priority point system reflects the contribution of each characteristic to the justification for a traffic signal. A total of 100 points or greater generated from the analysis generally warrants the installation of a traffic signal. The TAC signal warrant worksheets can be found in Appendix D. Based on the signal warrant analysis, 13 priority points would be generated at the proposed access. Traffic signals would not be warranted at this proposed access location. The traffic model has assumed that the development access would operate under stop control. Left Turn Lane Requirement For the purposed development, the left turn volumes into the site are considerably less than the left turn volumes into Tim Hortons. This can be seen in Figure 11, The Synchro analysis indicates there would be very little delay for westbound traffic on University Avenue without a left turn lane. Little queuing would occur as well. 20 133 exp. Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2016 6 LOS Analysis with Development The results of the LOS analysis under projected 2020 traffic volumes with the proposed development operational can be found below in Table 4. Detailed output of the analysis can be found in Appendix E. The lane configurations and traffic control assumed for the development accesses are described in Chapter 5. The results of the analysis show that the Millidge Avenue 1 University Avenue intersection would operate efficiently at a good LOS C overall during peak periods. All individual turning movements would operate at a satisfactory LOS D or better. The southbound approach will experience the largest delays. The southbound left turn lane and thrulright lanes experience average delays of 35 and 38 seconds in the morning peak and 37 and 40 seconds in the evening peak, representing satisfactory conditions. These are similar to 2020 conditions without the development. The Development Access/Tim Hortons /University Avenue intersection would operate efficiently at an excellent LOS A overall during peak periods. Eastbound and westbound approach will continue to operate at a LOS A with the development in place. Northbound traffic turning left from the development onto University Avenue will have an average delay of 21 to 23 seconds during peak periods, resulting in a good LOS C. The access to Tim Horton's will operate at a LOS C during the AM and PM peak period. The vlc ratios of the side street approaches are less than 0.33 during both peak hours, indicating there is significant reserve capacity available to accommodate further traffic increases. 21 134 zexp Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 5th, 2016 Table 4 - LOS Analysis for Horizon Year (2020) Conditions with Development 22 135 Turning Movement LOS Average Delay (seconds per vehicle) Intersection Overall [Volume to Capacity Ratio vic LOS & Eastbound Westbound Northbound Southbound Delay L T R L T R L T R L T R North South Traffic Time (seciveh) Street @ East Control Period h ' ,i 1 h t 41 t �► West Street f► Projected 2020 Horizon Year with Development Conditions LOS C C A C B B B A D D Millidge Avenue AM Peak 22.3 Shared 34.0 4.4 23.3 18.4 Shared 14.3 14.3 7.6 35.0 37.9 Shared [0.34] [0.25] 0.39 0.31 0.06 0.13 0.36 0.33 0.54 � University LOS D A C B B B A D D Avenue PM Peak C Shared 35.3 3.2 28.4 17.2 Shared 14.8 16.1 7.5 36.8 39.6 Shared 0.41 0.22 0.59 0.30 1 ro-191 F0.321 0.3 0.38 0.60 LOS A A A A C A B B Driveway 1 1 AM Peak 4.5 8.2 0 Shared Shared 03 Shared 20.5 - -- 9.0 14.9 - - - -- 14.9 Tim Horton's 0.08 0.09 0.1 0.06 O.D1 0.33 0.33 A A A C A B B University Avenue PM Peak LOS A 8.4 0 Shared Shared <1 Shared 23.0 - - - -- 9.5 14.7 - - - -- 14.7 3.5 0.06 0.121 0.14 0.1 0.03 1 [0.221 10.221 22 135 Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2016 7 7.1 Pedestrian and Cyclist Access The proposed site plan shows a pedestrian connection from the sidewalk on University Avenue direct to the pharmacy. This provides a safe and direct path for pedestrians to the site. The City has requested that the issue of a crosswalk be addressed to accommodate development on the north side of University Avenue including the Shannex development. As indicated previously, the access driveway is located 67 meters from the University Avenue 1 Millidge Avenue signalized intersection. Therefore, a crosswalk at the location should not be implemented. The driveway to Shannex is located approximately 117 m from the signalized intersection and this would be a more appropriate place for a crosswalk. The Pedestrian Crosswalk Control Guide suggests that if the average hourly pedestrian volume is equal to or greater than 15 EAUs (Equivalent adult units) and the vehicle volumes are equal to or greater than 1500 vehicles per day, than the site is a candidate for a pedestrian control. The traffic volumes collected for the study confirms that the traffic volumes requirement is exceeded and given the surrounded development, it is likely the pedestrian volume would be met. Using an ADT traffic volumes of 10,800 vehicles on University Avenue, a posted speed limit of 50 km /h, and the geometric characteristics of University Avenue, the preferred crossing control treatment would be an overhead flashing beacon system (RA -5). A previous study had looked at a crosswalk at the Shannex Driveway as well, and expressed concern with installing the RA -5 at this location when other nearby crosswalks on University Avenue are side mounted sign only, thus a RA -5 may violate driver expectancy and thus compliance. This is concern with our Study Team as well. It is recommended that initially a side mounted sign pedestrian crossing treatment be installed at the Shannex Driveway and that the Pedestrian crossing be monitored to determine the level of pedestrian activity utilizing the crosswalk. When it is established that a pedestrian desire line has been created that meets the pedestrian volume warrant requirement as a result of existing and the proposed development, then a RA -5 should be installed. If a decision is made to install a RA -5 immediately, it is recommended it be placed on the east side of the Shannex Driveway to maximize the distance from the traffic signals at Millidge Avenue. In the final detail design the site will include bike racks, however they are not shown in the current site plan. This bike rack will help encourage and accommodate active transportation for both employees and customers. This is especially important given that University Avenue and Millidge Avenue are designated cycling routes, with on- street cycling facilities (bike lanes and shared lanes). 7.2 Service Vehicle Access The site plans in Appendix A demonstrate that a tractor trailer is able to enter and exit the site via the University Avenue access. AutoTurn software was used to confirm that the accesses and on -site 23 136 exp. Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, MlRidge Avenue FRE- 00228006 -AO January 5th, 2016 geometry are designed to accommodate the desired turning path of the design service vehicle, as shown in the site plan. 7.3 Transit Access There is an existing bus route thattravels along University Avenue in front of the proposed development site. An existing bus shelter is located on the south side of University Avenue immediately west of proposed access. Having convenient transit access to the proposed development is a positive feature to promote sustainable transportation. The bus shelter is recommended to remain in its current location, given its convenient proximity to the pedestrian crossings at the University Avenue / Millidge Avenue intersection. Given that there are already 2 thru lanes in both directions on University Avenue, unloading 1 loading buses do not have a significant impact on traffic flow as they only block one of the thru lanes and only for short periods at a time. 7.4 Drive -Thru Queue Storage The proposed site plan shows one drive-thru for the pharmacy, located on the east end of the site. The pharmacy drive -thru lane allows for storage of several vehicles without impacting circulation on -site. This should be adequate to meet demand. Overall, on -site circulation should not be impeded by the proposed drive-thru. 7.5 Site Layout and Parking The site plan shows a total of 69 parking spaces being provided, resulting in a parking ratio of 5.3 spaces /1000 ft2 of floor space. The final site plan incorporates 2 barrier free parking stalls. 8 Conclusions and Recommendations Plaza Retail REIT (Plaza) retained exp to complete a Traffic Impact Study (TIS) for a proposed commercial development in Saint John. This chapter summarizes the key findings and recommendations from the Study. 24 1. Plaza Retail REIT (Plaza) is proposing to redevelop an existing property, which will consist of approximately 13,000 ft2 (1,208 m2) of pharmacy space. There are no plans for future development on the site, however if this does occur, the traffic study will be updated. 2. A site visit was completed by exp staff to gain an understanding of existing lane configurations, traffic control and traffic flows. A discussion with City of Saint John staff was held to provide input with respect to their traffic issues and concerns within the Study Area. 3. Existing traffic volume data as well as signal timing data were obtained. 4. Existing LOS analysis was undertaken to determine how the Study Area is currently functioning. The results of the LOS analysis indicate that all intersections within the study area are operating efficiently under current conditions, with the Millidge Avenue 1 University Avenue intersection operating at an overall good LOS C and the Tim Horton's 1 University Avenue intersection operating at an overall excellent LOS A. 137 25 Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE-00228006 -AO January 51h, 2016 5. Future traffic volumes were projected for the 2020 horizon year without the proposed development operational. An annual traffic growth rate of 2% was selected for the study area, which reflects the potential for continued moderate growth in the Millidgeville area. 6. The traffic model was updated with the projected 2020 traffic volumes. The results of the 2020 LOS analysis without development indicated that the Study Area is projected to operate efficiently, with the Millidge /University intersection operating at an overall good LOS C and the Tim Horton's /University intersection operating at an excellent LOS A. 7. An estimate of the amount of traffic that would be generated by the proposed development was assigned to the development accesses and Study Area intersections. The proposed development is expected to generate 45 vehicles during the AM peak hour (23 inbound 122 outbound), 128 vehicles during the PM peak hour (64 inbound 164 outbound). 8. Signal warrant analysis at the proposed Development Access across from Tim Horton's revealed a warrant score of 13 priority points. Therefore, traffic signals would not be warranted at this proposed access within the horizon period. 9. Access locations and spacing were reviewed and were found to satisfy minimum distances per TAC guidelines and the Zoning By -law. 10. It is recommended during detailed design that the proposed driveway be located directly opposite the Tim Horton's driveway and that turning radii accommodate turning vehicles efficiently. 11. A LOS analysis was completed under projected 2020 traffic volumes with the proposed development operational. The analysis indicates the Millidge Avenue 1 University Avenue intersection would continue to operate efficiently at an overall LOS C. The University Avenue 1 Development Access / Tim Horton's intersection would operate at an overall excellent a LOS A. The highest delays at the access would be experienced in the northbound left -turn lane. Vehicles exiting this access and turning left onto University Avenue would experience an average delay between 21 and 23 seconds (good LOS C) during peak periods. In the design year, the v/c ratios of the access approaches are less than 0.33 during both peak hours. This indicates there is reserve capacity available to accommodate further traffic increases before operational issues develop. 12. Site characteristics were reviewed including service vehicle access, pedestrian and cyclist access, transit access, and drive -thru queue storage. 13. It is anticipated there will be some pedestrian demand to the development site from the north side of University Avenue (e.g. from Shannex). Therefore, it is recommended that initially a side mounted sign pedestrian crossing treatment be installed at the east side of the Shannex Driveway and that the pedestrian crossing be monitored to determine the level of pedestrian activity utilizing the crosswalk. When it is established that a pedestrian desire line has been created as a result of existing and the proposed development and the pedestrian volume warrants met, then a RA -5 should be installed. 14. Millidge Avenue and University Avenue are designated cycling routes. The proposed development site will provide a bike rack to promote cycling access. 15. The proposed development is located on the University Avenue bus route and an existing bus shelter is provided on the south side of University Avenue, immediately adjacent to the proposed access. The bus shelter is recommended to remain in its current location, given its convenient proximity to the pedestrian crossings at the University Avenue / Millidge Avenue intersection. 138 'exp 26 Plaza Retail RElT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue FRE-00228006 - -AO January 5th, 2016 16. The proposed pharmacy with drive -thru is expected to be a lower volume drive -thru. Based on our experience with similar types of development, the queuing spaces provided for the drive - thru is expected to be sufficient to handle peak period queuing without interfering with on -site circulation. 17. The development will provide 67 parking space and 2 barrier free spaces, as shown on the final site plan 18. Tractor trailer access tolfrom the site can be accommodated. 139 exp 4 �3 2x xg5 66 Woodward Ave J 1 i iy2 ^F 86 b 2020 PM Peek Intersection Volumes Wrthout➢evelopment 4— 398 Ave L 70 4" 95 P1 f— 216 i i r 99 268 134 a 6g o 3o �1 1 L 60 P 271 �1 o UntversityAve 39 334 IE o i i r ❑ 0 0 0 140 O 0 u Woodward Ave i I 1 0 7.3 7.3 0 C L M i i r oois El FM GeneratedMuffie 37 Ave x° 0 0 0 J I L 0 --j 37 O �'► 37 j ' ' Ma L o ~� O r 24 I I r 37 0 24 6i 141 d b 0 0 a Woodward Ave J I o 0 s VM Pus- byTraffic 4 � 0 L a �^ a Q 0 i i r 0 0 0 0 G 0 0 JJ I L 0 ^mj 0 0 UnhwzityAve L� 0 o ❑o 0 i i r r, 0 0 0 142 F-941 21 195 77 Wwdward Ave 19 Fq 119 86 C 9 L 77 io6 235 i i r 99 268 152 520 2020 PM Peak IrAersectionvolumes With Development 4- 434 I E1 63 o 30 i I L 6o 368 271 37 �x UxiiversityAve L 89 334 398 24 i i r 37 0 24 61 143 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Mlllidge Avenue l=RE -00228006 -AO January 5th, 2016 Appendix C — LOS Analysis without Development 144 HCM Signalized Intersection Capacity Analysis 1= Millidge Ave & Woodward Ave /University Ave nr�s 1111$12015 -- - - -. ti V -- cw.w�r��,�:cr_+�. lnt rs=.:r:lIon Summar HCM 2000 Control Delay 28.3 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 029 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 20.0 Intersection Capacity Utilization 442% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group M vemen.t ESE EST L.Bf � L MT MIN i�fit. 1JI�T S[�k S13f �13� Lane Configurations 4 i' '� �; Vi Volume (vph) 12 92 90 133 102 61 32 97 128 70 169 6 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost ume (s) 5.0 50 40 40 40 40 60 50 50 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frpb, pad/bikes 100 0.97 100 0 99 100 100 0.97 100 100 Flpb, pedlbikes 1.00 1.00 0.99 1.00 0.99 1.00 1.00 0.99 1.00 Frt 100 086 1.00 094 100 100 0.85 1.00 099 Fit Protected 0.99 1.00 0.95 1.00 0.95 1.00 1.00 0.95 1.00 Said Flow (pros) 1851 1537 1763 1735 1762 1865 1537 1751 1852 Flt Permitted 0.96 1.00 0.68 1.00 0.51 1.00 1.00 0.69 1.00 Satd. Flaw (perm) 1783 1537 1267 1735 950 1865 1537 1267 1852 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Adj Flow (vph) 13 102 100 148 113 68 36 108 142 78 188 7 RTOR Reduction (vph) 0 0 78 0 23 0 0 0 111 0 2 0 Lane Group Flow (vph) 0 195 22 148 158 0 36 108 31 78 193 0 Confl. Peds. (#!hr) 10 10 10 10 10 10 10 10 Confl Bikes (#!hr) 5 5 5 5 Heavy Vehicles % 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Turn Type Perm NA Perm pm +pt NA O.Pi P NA custom Perm NA Protected Phases 4 3 34 1 12 2 Permitted Phases 4 4 34 2 2 2 Actuated Green, G (s) 20.0 20.0 30.0 34.0 30.0 34.0 20.0 20.0 20.0 Effective Green, g (s) 20.0 200 30.0 34.0 300 34.0 200 20.0 200 Actuated g1C Ratio 0.22 0.22 0.32 0.37 0.32 0.37 0.22 0.22 0.22 Clearance Time (s) 60 6.0 40 4.0 5.0 50 50 Lane Grp Cap (vph) 383 330 462 634 393 681 330 272 398 vls Ratio Not 00.03 0.09 0.01 00.06 0010 vls Ratio Perm 0.06 0.01 00.07 0.02 0.02 0.06 Wo Ratio 0.30 007 032 025 0.09 016 0.09 029 049 Uniform Delay, dl 30.6 29.1 23.3 20.6 21.9 19.9 29.2 30.5 32.0 Progression Factor 1.00 100 1 -00 100 100 100 100 100 100 Incremental Delay, d2 2.0 0.4 1.8 0.9 0.5 0.5 0.6 2.6 4.2 Delay (s) 326 29.4 251 216 223 204 298 331 362 Level of Service C C C C C C C C D Approach belay (s) 311 231 263 353 Approach LOS C C C D lnt rs=.:r:lIon Summar HCM 2000 Control Delay 28.3 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 029 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 20.0 Intersection Capacity Utilization 442% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group University Ave AM - Existing 8/20/2015 Baseline Danielle Sullivan 145 Synchro 8 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 2: University Ave & Tim Horton's 11118/2015 �+i�h'VL'r1Ter9l ^' _ Lane Configurations Volume (veh1h) 82 184 223 46 48 96 Sign Control Free Free Stop Grade 0% 0% 0°% Peak Flour Factor 0.88 0.88 0.88 0.88 0.88 0.88 Hourly flow rate (vph) 93 209 253 52 55 111 Pedestrians 10 10 10 Lane Width (m) 3-7 37 37 Walking Speed (mis) 1.2 1.2 1.2 Percent Blockage 1 1 1 Right turn Hare (veh) Median type None None Median storage veh) Upstream signal (m) 78 pX, platoon unblocked vC, conflicting volume 316 590 173 VC1, stage 1 conf Vol vCZ stage 2 conf vol vCu, unblocked vol 316 590 173 tC, single (s) 4.2 6.9 70 tC, 2 stage (s) tF (s) 2.2 35 3.3 p0 queue free % 92 86 86 CM capacity (vehlh) 1224 396 823 Dira0cri^ Lnrm 9 EB I EE 2 EIB 3 WB S WS 2 8B t Volume Total 93 105 105 169 137 166 Volume Left 93 0 0 0 0 55 Volume Right 0 0 0 0 52 111 cSH 1224 1700 1700 1700 1700 608 Volume to Capacity 0.08 0.06 0.06 0.10 008 0.27 Queue Length 95th (m) 1.9 0.0 0.0 0.0 0.0 8.4 Control Delay (s) 8.2 00 00 00 0.0 131 Lane LOS A B Approach Delay (s) 25 0.0 131 Approach LOS B 1n=,VSKU011 S,MM41Y Average Delay 3.8 Intersection Capacity Utilization 344% ICU Level of Service A Analysis Period (min) 15 University Ave AM - Existing 8120/2015 Baseline Danielle Sullivan 146 Synchro 8 Report Page 1 HCM Signalized Intersection Capacity Analysis 1: Millidge Ave & Woodward Ave /University Ave 11/1812015 �.,,. _>•l._ a�:Wl�f�e,wl�[l: TiYf 1 lt.rtv�.� �I _,i- -i -l. i c Cittical Lane Group University Ave PM - Existing 8120/2015 Baseline Danielle Sullivan 147 Synchro 8 Report Page 1 1: Movem(2111 EBL +EHT L WHIT N NER SHIL EST S13K Lane Configurations 4 i' Volume (vph) 17 101 78 196 86 63 90 243 121 60 177 19 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 5.0 50 40 40 4.0 40 60 5.0 5.0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frpb, podlbikes 100 097 1,00 0.98 1.00 1.00 097 100 100 Flpb, pedlbikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.99 1.00 Frt 100 0.85 100 0.94 100 100 085 100 0.99 Flt Protected 0.99 1.00 0.95 1.00 0.95 1.00 1.00 0.95 1.00 Said Flow (prol) 1847 1537 1763 1719 1764 1865 1537 1755 1829 Flt Permitted 0.94 1.00 0.65 1.00 0.46 1.00 1.00 0.59 1.00 SaM.Flow (perm) 1754 1537 1204 1719 863 1865 1537 1096 1829 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Ad1 Flow (vph) 19 112 87 218 96 70 100 270 134 67 197 21 RTOR Reduction (vph) 0 0 68 0 29 0 0 0 105 0 4 0 Lane Group Flow (vph) 0 131 19 218 137 0 100 270 29 67 214 0 Confl. Peds. (Or) 10 10 10 10 10 10 10 10 Confl. Bikes (Nhr) 5 5 5 5 Heavy Vehicles ( %j 3% 395_ 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Turn Type Perm NA Perm pm +pt NA D P +P NA custom Peim NA Protected Phases 4 3 34 1 12 2 Permitted Phases 4 4 34 2 2 2 Actuated Green, G (s) 20.0 20.0 30.0 34.0 30.0 34.0 20.0 20.0 20.0 Effective Green, g (s) 200 200 30.0 34.0 30.0 34.0 10.0 200 20.0 Actuated g/C Ratio 0.22 0.22 0.32 0.37 0.32 0.37 0.22 0.22 0.22 Clearance Times 50 5.0 4.0 4.0 50 5.0 5.0 Lane Grp Cap (vph) 377 330 448 628 375 681 330 235 393 vls Ratio Prot 00.05 008 003 0014 0012 v!s Ratio Perm 0.07 0.01 00.10 0.06 0.02 0.06 v!c Ratio 0.35 006 049 0.22 0.27 040 0.09 029 0.54 Uniform Delay, d1 31.0 29.0 24.4 20.3 22.8 21.9 29.2 30.5 32.5 Progression Factor 100 100 100 100 100 100 100 100 100 Incremental Delay, d2 2.5 0.3 3.7 0.8 1.7 1.7 0.5 3.0 5.3 Delay (s) 336 293 281 211 24 -5 23.6 297 33.5 37.8 Level of Service C C C C C C C C D Approach Delay (s) 318 25 i 25.4 36 -8 Approach LOS C C C D Intersi ciUcn Sim-nar HCM 2000 Control Delay 28.7 HCM 2000 Level of Service C HOM 2000 Volume to Capacity ratio 041 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 20.0 Intersection Capacity Utilization 525% ICU Level of Service A Analysis Period (min) 15 c Cittical Lane Group University Ave PM - Existing 8120/2015 Baseline Danielle Sullivan 147 Synchro 8 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 2: University Ave & Tim Horton's 11/18/2015 av�rrkerit EEL- EBT BT 4MM SUL SEE Lane Configurations "i 'r$ ft, Y Volume (vehlh) 54 246 303 36 28 57 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 Hourly flow rate (vph) 61 260 344 41 32 65 Pedestrians 10 10 10 Lane Width (m) 3.7 37 3.7 Walking Speed (m/s) 1.2 1.2 1.2 Percent Blockage 1 1 1 Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) 78 pX, platoon unblocked vC, conflicting volume 395 647 213 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 395 647 213 K. single (s) 4.2 6.9 70 tC, 2 stage (s) IF (s) 2.2 3.5 3.3 p0 queue free % 95 91 92 cM capacity (vehlh) 1143 373 776 It +ecl4aa. Lane # EB 1 EB 2 ES 3 OB I WB 2 SB 1 Volume Total 61 140 140 230 156 97 Volume Left 61 0 0 0 0 32 Volume Right 0 0 0 0 41 65 cSH 1143 1700 1700 1700 1700 572 Volume to Capacity 005 0.08 008 014 009 0.17 Queue Length 95th (m) 1.3 0.0 0.0 0.0 0.0 4.6 Conhol Delay (s) 83 00 00 00 00 126 Lane LOS A B Approach Delay (s) 15 0.0 126 Approach LOS B Intersection &mrnay Average Delay 2.1 Intersection Capacity Utilization 319% ICU Level of Service A Analysis Period (min) 15 University Ave PM - Existing 8/20/2015 Baseline Danielle Sullivan HM Synchro 8 Report Page 1 HCM Signalized Intersection Capacity Analysis l: Millidge Ave & Woodward Ave /UniversitAve 1118/2015 nt rseclivn Summar HCM 2000 Control Delay 28,7 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 032 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 20.0 Intersection Capacity Utilization 443% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group Movenxim EEL EBB EEIR W51 WK MR. ,NFL NW NOR 8@L S$T sw Lane Con%uratlons r *T _ r' %i 1� 4 r I 1� Volume (vph) 13 102 99 147 113 67 35 107 141 77 187 7 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 50 5.0 5.0 40 4A 40 40 50 50 5.0 Lane U1. Factor 0.95 0.95 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frpb, pod/bikes 1.00 1.00 0.97 1.00 099 100 100 097 100 100 Flpb, pedlbikes 0.99 1.00 1.00 0.99 1.00 1.00 1.00 1.00 0.99 1.00 Frt 100 100 0.85 100 0.94 100 100 0.85 100 099 Flt Protected 0.95 1.00 1.00 0.95 1.00 0.95 1.00 1.00 0.95 1100 Said Flow (prat) 1666 1771 1537 1763 1747 1764 1865 1537 1751 1851 Flt Permitted 0.63 1.00 1.00 0.67 1.00 0.47 1.00 1.00 0.68 1.00 Said. Flow (perm) 1108 1768 1537 1248 1747 870 1865 1537 1254 1851 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Ad1 Flow (vph) 14 113 110 163 126 74 39 119 1577 86 208 8 RTOR Reduction (vph) 0 0 86 0 23 0 0 0 123 0 2 0 Lane Group Flow (vph) 13 114 24 163 177 0 39 119 34 86 214 0 Confl. Peds. (#Ihr) 10 10 10 10 10 10 10 10 Conti Bikes (Nhi) 5 5 5 5 Heavy Vehicles ( %) 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% turn Type Perm NA Perm pm +pt NA D.P +P NA custom Perm NA Protected Phases 4 3 34 1 12 2 Permitted Phases 4 4 34 2 2 2 Actuated Green, G (s) 20,0 20.0 20.0 30.0 34.0 30.0 34.0 20.0 20.0 20.0 Effective Green, g (s) 200 200 20.0 300 34.0 30.0 34.0 20.0 20.0 20.0 Actuated g/C Ratio 0.22 0,22 0.22 0.32 0.37 0.32 0.37 0,22 0.22 0.22 Clearance Time (s) 5.0 5.0 5.0 4.0 4.0 60 _5.0 5. Lane Grp Cap (vph) 238 380 330 457 638 376 681 330 269 398 vls Ratio Prot c0 04 0.10 0.01 c006 c0.12 vls Ratio Perm 0,01 0,06 0.02 c0.08 0.02 0.02 0.07 vlc Ratio 005 030 0.07 036 0.28 0.10 017 010 0.32 0.54 Uniform Delay, d1 29.0 30.6 29.1 23.5 20.8 22.0 20.0 29.3 30.8 32.4 Progression Factor 100 100 1.00 100 100 1.00 1.00 100 1.00 100 Incremental Delay, d2 0.4 2.0 0.4 2.2 1.1 0.6 0.6 0.6 3.1 5.2 Delay (s) 294 326 295 257 219 22.5 206 299 339 376 Level of Service C C C C C C C C C D Approach Delay (s) 310 23.6 25.5 36-5 Approach LOS C C C D nt rseclivn Summar HCM 2000 Control Delay 28,7 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 032 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 20.0 Intersection Capacity Utilization 443% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group University Ave Without Development 2020 AM 8/20/2015 Baseline Danielle Sullivan 149 Synchro 8 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 2: University Ave & Tim Horton's 1111812015 N f`l EB7 WBT VVER SEIL 'SBR - Lane Configurations ,r 1r ft Y Volume (veh/h) 90 203 247 51 53 108 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 Hourly flow rate (vph) 102 231 281 58 60 123 Pedestrians 10 10 10 Lane Width (m) 37 37 37 Walking Speed (mis) 1.2 1.2 1.2 Pei conl Blockage 1 1 1 Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) 78 pX, platoon unblocked vC, conflicling volume 349 650 189 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 349 650 189 tC, single (s) 4.2 6 -9 70 tC, 2 stage (s) tF (s) 2 -2 36 33 p0 queue free % 91 83 85 cM capacity (vehlh) 1189 359 803 bre 9wcri, Lsna 9 ins i E9 2 E2 3 . WB. t WB 2 SS 1 Volume Total 102 115 115 167 152 183 Volume Left 102 0 0 0 0 60 Volume Right 0 0 0 0 58 123 cSH 1189 1700 1700 1700 1700 571 Volume to Capacity 0.09 007 007 011 0.09 032 Queue Length 95th (m) 2.1 0.0 0.0 0.0 0.0 10.5 Control Delay (s) 83 00 0.0 0.0 0.0 142 Lane LOS A B Approach Delay (s) 26 00 14.2 Approach LOS B Intersectico Sammzpy_ Average Delay 4.0 Intersection Capacity Utilization 36.1% ICU Level of Service A Analysis Period (min) 15 University Ave Without Development 2020 AM 812012015 Baseline Danielle Sullivan 150 Synchro 8 Report Page 1 HCM Signalized Intersection Capacity Analysis 1: Millidqe Ave & Woodward Ave/Unlversit Ave 11/1812015 .P - V ' e s'� f j . r� Miwurneim ER E.B1 EBR WK VVBT VVBR NOL I+IIBT NER SBt ST SM Lane Configurations 4 r" rf 'o N 4. it V Volume (vph) 19 112 86 216 95 74 99 268 134 66 195 21 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) s.0 50 40 40 40 40 5.0 5.0 5.0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 100 Frpb, pedlbikes 100 0.97 100 0 -98 1.00 1.00 097 1.00 1.00 Flpb, pedlbikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.99 1.00 Frt L00 0.85 1.00 0.94 1.00 100 086 1.00 099 Fit Protected 0.99 1.00 0.95 9.00 0.95 1.00 1.00 0.95 1.00 Satd. Flow (plot) 1847 1537 1764 1718 1765 1865 1537 1756 1829 Flt permitted 0.94 1.00 0.62 1.00 0.42 1.00 1.00 0.58 1.00 Satd Flow (perm) 1746 1537 1148 1718 780 1865 1537 1068 1829 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Ad1 Flow (vph) 21 124 96 240 106 78 110 298 149 73 217 23 RTOR Reduction (vph) 0 0 75 0 29 0 0 0 117 0 4 0 Lane Group Flow (vph) 0 145 21 240 155 0 110 298 32 73 236 0 Contl. Pads. ( #fhr) 10 10 10 10 10 10 10 10 Confi Bikes (#Ihr) 5 5 5 5 Heavy Vehicles ( %j 3% 3% 3% _ 3% 3% 3% 3% 3% 3% 3% 3% 3% Turn Type Perm NA Perm pm +pt NA D.P +P NA custom Perm NA Protected Phases 4 3 34 1 12 2 Permitted Phases 4 4 34 2 2 2 Actuated Green, G (s) 20.0 20.0 30.0 34.0 30.0 34.0 20.0 20.0 20.0 Effective Green, g (s) 10.0 20.0 30.0 340 300 34 -0 20.0 20 -0 20.0 Actuated g1C Ratio 0.22 0.22 0.32 0.37 0.32 0.37 0.22 0.22 0.22 Clearance Times 5.0 5,0 4.0 40 50 5.0 5.0 Lane Grp Cap (vph) 375 330 436 628 357 681 330 229 393 vls Ratio Prot 00.06 009 003 cO 16 0013 v!s Ratio Perm 0.08 0.01 00.12 0.07 0.02 0.07 We Ratio 039 0.06 055 0.25 031 044 0.10 032 0.60 Uniform Delay, d1 31.2 29.0 24.7 20.6 23.0 22.3 29.3 30.8 32.9 Progression Factor 100 100 100 100 100 100 100 1 -00 100 Incremental Delay, d2 3.0 0.4 4.9 0.9 2.2 2.0 0.6 3.6 6.6 Delay (s) 342 29.4 296 215 25.2 243 298 344 395 Level of Service C C C C C C C C D Approach Delay (s) 323 261 260 38.3 Approach LOS C C C D 11ANSed1091 Womar HCM 2000 Control Delay 29.5 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 046 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 20.0 Intersection Capacity Utilization 561% ICU Level of Service Analysis Period (min) 15 c Critical Lane Group University Ave PM 2020 8120/2015 Baseline Danielle Sullivan 151 Synchro 8 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 2: University Ave & Tim Horton's 11/18/2015 �w_�r A ;L 1 T University Ave PM 2020 8/20/2015 Baseline Danielle Sullivan 152 Synchro 8 Report Page 1 EEL EBid f Sift. Lane Configurations Vi Volume (vehlh) 60 271 334 39 30 63 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 Hourly flow rate (vph) 68 308 380 44 34 72 Pedestrians 10 10 10 Lane Width (m) 3.7 37 37 Walking Speed (mis) 1.2 1.2 1.2 Percent Blockage 1 1 1 Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) 78 pX, platoon unblocked vC, conflicting volume 434 712 232 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 434 712 232 to, single (s) 4.2 6.9 7.0 tC, 2 stage (s) tF (s) 22 35 33 p0 queue free % 94 90 91 cM capacity (vehlh) 1106 336 754 Diwtian, Lane # EB 1 1 B 2 E83 - Y�1B i WB 2 SB I _ Volume Total 68 154 154 253 171 106 Volume Left 68 0 0 0 0 34 Volume Right 0 0 0 0 44 72 cSH 1106 1700 1700 1700 1700 538 Volume to Capacity 0.06 0.09 0.09 015 010 0.20 Queue Length 95th (m) 1.5 OA 0.0 0.0 0.0 5.5 Control delay (s) 85 0.0 0.0 00 0.0 133 Lane LOS A B Approach Delay (s) 15 00 133 Approach LOS B Int+ =t 0%r,fl Stimmarj+ Average Delay 2.2 Intersection Capacity Utilization 329% ICU Level of Service A Analysis Period (min) 15 University Ave PM 2020 8/20/2015 Baseline Danielle Sullivan 152 Synchro 8 Report Page 1 Plaza Retail RElT Traffic impact Study for a Commercial Development at 55 University Avenue, Mlllldge Avenue FRE -00228006 AO January 5th, 2016 Appendix D — TAC Signal Warrant Worksheets 30 153 r� City of Saint John - Traffic Signal & Pedestrian Signal Head Warrant Analysis 1-1minSimel(same) Umwmt)Ave, Direction (EW or NS) ER RoadA.aioriq: cihorSamtdoha Side Sireet(name) Aevelopmenl4ecerE Duecdw (EW or NSJ NS CRY: SOMME Quadrant I laity Cammeota Analysis Date: Sep16mhar911620d5 an• w.rr..: taic.Yam. T Coast Date: Augasl 51h, 2015 Bah Entry Formni: &520[5 1=1100010"MMMMN &.11-11 a Pbn a.enora.tuMO.lq Sal.nllm rme IvPA�il Nmvhpp} LMTma 1.6511 Tea l.sno II•��i li•�� m��ra�a�w�os�orr ■�� D ©O!! ©�w�� EMN ra �.- r�- -.-r,� ©fir ■trr, o Sri �fi■�o�� ireurcDe,xlor�ne�xAoceu sndomuavr .i�ilkanilYla�eda5druewpL.�ara [rau a Ate 0r llohaanSMvnuo lNl^ 5bh. md6 via�Yb,P�+thYereeal:rcw+�nK:1.'P [yfi) n Am the Unn '1YMVm.e Ell right here upnliaiedYbO"�6Y�^��^^�v�+�U�1 a J Average 6-hour IPeek Turning Movements < 1PD Uarversiy Aveasee LT ES ISB TH RT Ped4 a � a o z 154 1 ! m�- I -1 MehaArea litlan I tv- pemw D'uuk: 1) mmm© &.11-11 a Pbn a.enora.tuMO.lq Sal.nllm rme IvPA�il Nmvhpp} LMTma 1.6511 Tea l.sno 1 ! m�- I -1 MehaArea litlan I tv- pemw D'uuk: 1) mmm© f ® ® ®® II•��i li•�� D ©O!! EMN \Vsic = (Chi(X,) / KI + (F (x, ) L) / K21 W= 13 9 4 yet, Peer Not Warmfed - 1's<)5 RESETSHEEI x Ci 1VpRD = IF ((Xpvdm)ddK2)+ (Xpeda)dJK3)1 Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -AO January 5th, 2016 Appendix E — LOS Analysis with Development 31 155 ex HCM Signalized Intersection Capacity Analysis 1: 4iiw®e �& LW= .1oao4 +dwf' ard Ave/University Ave 11/18/2015 Js11tT Art1ai.�Jrt- LY +�..,..r�s J�FO:.z�+._is]J`Ty tntersadion Sumrrrar HCM 2000 Control Delay 29.0 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 0.36 Actuated Cycle Length (s) 930 Sum of lost time (s) 20.0 Intersection Capacity Utilization 46.8% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group Alaven l FOL EST ERR W L WOT WEIR NM N T MR SHE SBT Sffi Lane Configurations 4 If Vi 1� 1� Volume ivph) 13 106 99 162 116 71 35 107 147 81 187 7 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 5.0 50 40 40 4.0 40 5.0 50 5 0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frpb, pedlbikes 100 097 100 0.99 100 100 097 100 1.00 Flpb, pedlblkes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.99 1.00 Frt 1.00 0.85 1.00 0.94 1.00 100 0.85 100 0.99 Flt Protected 0.99 1.00 0.95 1.00 0.95 1.00 1.00 0.95 1.00 Said Flow (prot) 1852 1537 1763 1733 1766 1865 1534 1749 1851 Flt Permitted 0.96 1.00 0.65 1.00 0.45 1.00 1.00 0.68 1.00 Said Flow (Perm) 1781 1537 1200 1733 833 1865 1534 1253 1851 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Adj Flow (vph) 14 118 110 180 129 79 39 119 163 90 208 8 RTOR Reduction (vph) 0 0 86 0 24 0 0 0 131 0 2 0 Lane Group Flow (vph) 0 132 24 180 184 0 39 119 32 90 214 0 Confl. Peds. (#/hr) 10 10 10 10 10 10 10 10 Confl Bikes (#fir) 5 5 5 5 Heavy Vehicles M 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Turn Type Perm NA Perm pm +pt NA D,P +P NA custom Perm NA Protected Phases 4 3 34 1 12 2 Permitted Phases 4 4 34 2 2 2 Actuated Green, G (s) 20.0 20.0 30.0 34.0 40.4 44.4 18.4 18.4 18.4 Effective Green, g (s) 20.0 20.0 300 34.0 40A 44.4 18.4 184 18.4 Actuated g/C Ratio 0.22 0.22 0.32 0.37 0.43 0.48 0.20 0.20 0.20 Clearance Time (s) 5.0 50 40 4 0 5.0 50 5.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 383 330 447 633 582 890 303 - 247 366 v/s Ratio Prot 00.04 0.11 0.02 00.06 00.12 vls Ratio Perm 0.07 0.02 00.09 0.01 0.02 0 -07 vlc Ratio 0.34 0.07 0.40 0.29 0.07 0.13 0.11 0.36 0.59 Uniform Delay. dl 30.9 291 238 20.9 154 f3_6 30.6 32.2 338 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 2.5 04 27 12 0.2 03 0.7 41 67 Delay (s) 33.4 29.5 26.5 22.1 15.6 13.9 31.3 36.4 40.6 Level of Servrae C C C C B B C D D Approach Delay (s) 31.6 24.1 22.9 39.3 Approach LOS C C C D tntersadion Sumrrrar HCM 2000 Control Delay 29.0 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 0.36 Actuated Cycle Length (s) 930 Sum of lost time (s) 20.0 Intersection Capacity Utilization 46.8% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group University Ave 2020 AM with Development 812012015 Baseline Danielle Sullivan 156 Synchro 8 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 2: Driveway 11Tim Horton's & University Ave w 11/1812015 J. i { rr iii ►. > fV! yerru rat -E1311 EBR VML 1Y8T WBR Ni9t N81 N11R slyt S Lane Configurations ti - 9'T# CM i `i - -SW 4r> Volume (vehm) 90 203 13 9 247 51 12 0 9 53 0 108 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peale Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 Hourly flow rate (vph) 102 231 15 10 281 58 14 0 10 60 0 123 Pedestrians Lane Width (m) Walking Speed (mis) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) 78 pX, platoon unblocked vC, conflicting volume 339 245 726 802 123 660 780 169 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 339 245 726 802 123 660 780 169 1C, single (s) 4.2 4.2 7.6 6.6 7-0 7.6 6.6 7.0 tC, 2 stage (s) t.F (s) 2.2 2.2 36 4.0 3.3 3.5 4.0 33 p0 queue free 95 92 99 94 100 99 81 100 85 cM capacity (vehm) 1210 1310 246 285 902 318 294 842 Dimotion, Larne 0 E8 1 E8 2 CS 3 WO 1 WS 2 NO 1 NFr2 %1` - Volume Total 102 154 92 151 198 14 10 183 Volume Left 102 0 0 10 0 14 0 60 Volume Right 0 0 15 0 58 0 10 123 cSH 1210 1700 1700 1310 1700 246 902 546 Volume to Capacity 0.08 0.09 006 001 0.12 006 0.01 0 -33 Queue Length 95th (m) 2.1 0.0 0.0 0.2 0.0 1.3 0.3 11.1 Control Delay (s) 82 00 00 0.6 00 205 90 14.9 Lane LOS A A C A B Approach Delay (s) 24 03 166 149 Approach LOS C B Intetsecli�; i Summary Average Delay 4.5 Intersection Capacity Utilization 4100 ICU Level of Service A Analysis Period (min) 15 University Ave 2020 AM with Development 812012015 Baseline Danielle Sullivan 157 Synchro 8 Report Page 1 HCM Signalized Intersection Capacity Analysis 1: Millidqe Ave & Woodward Ave /University Ave 1111812015 _..- i .-.. i SK x7171 SBA Get lrtfars2cWn Summaty HCM 2000 Control Delay 28.7 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 0.52 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 2Q.0 Intersection Capacity Utilization 56.5% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group ESL EST E�fi VYi�t. NOT R PAL G�'I O'R Lane Configurations 4 r `i T- xt S it 1� Volume (vph) 19 119 86 235 106 77 99 268 152 17 195 21 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total lost time (s) 5 -0 5.0 40 40 4.0 40 50 5.0 50 Lane U61. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Frpb, pedlbikes 100 097 100 0.98 100 1.00 0% 1.00 099 Flpb, pedlbikes 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.99 1.00 Fri 100 0.85 100 0 -94 1.00 100 0.85 100 099 Flt Protected 0.99 1.00 0.95 1.00 0.95 1.00 1.00 0.95 1.00 Said Flow (prat) 1848 1537 1764 1719 1767 1865 1534 1754 1829 Flt Permitted 0.94 1.00 0.60 1.00 0.39 1.00 1.00 0.58 1.00 Said. Flow (perm) 1747 1537 1116 1719 735 1865 1534 1067 1829 Peak -hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Adj. Flow (vph) 21 132 96 261 118 86 110 298 169 86 217 23 RTOR Reduction (vph) 0 0 75 0 29 0 0 0 136 0 4 0 Lane Group Flow (vph) 0 153 21 261 175 0 110 298 33 86 236 0 Confl. Peds. (Nhr) 10 10 10 10 10 10 10 10 Confl. Bikes ( #1hr) 5 5 5 5 Heavy Vehicles ( %) 3% 3% 3% 3% _ _ 3% 3% 3% 3% 3% 3% 3% 3% Turn Type Perm NA Perm pm +pt NA D P +P NA custom Perm NA Protected Phases 4 3 34 1 12 2 Permitted Phases 4 4 34 2 2 2 Actuated Green, G (s) 20.0 20.0 30.0 34.0 40.4 44.4 18.4 18.4 18.4 Effective Green, g (s) 20.0 20.0 30.0 34.0 40.4 444 1184 184 18.4 Actuated g/C Ratio 0.22 0.22 0.32 0.37 0.43 0.48 0.20 0.20 0.20 Clearance Time (s) 50 5 -0 40 4.0 5.0 5.0 5.0 Vehicle Extensions 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 375 330 429 628 563 890 303 211 361 vls Ratio Prot ON 0.10 0.05 c0.16 c0.13 v/s Ratio Perm 0.09 0.01 00.13 0.04 0602 008 vlc Raflo 0.41 0.06 0.61 0.28 0.20 0.33 0.11 0.41 0.65 Uniform Delay, d1 314 29.0 25.2 20.8 16.1 151 30.6 325 34.4 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 3.3 04 6 -3 11 0.8 1:0 07 5.7 8.9 Delay (s) 34.7 29.4 31.5 22.0 16.9 16.1 31.3 38.3 43.3 Level of Service C C G C B B C D D Approach Delay (s) 32.6 27.3 20.7 42.0 Approach LOS C C C D lrtfars2cWn Summaty HCM 2000 Control Delay 28.7 HCM 2000 Level of Service C HCM 2000 Volume to Capacity ratio 0.52 Actuated Cycle Length (s) 93.0 Sum of lost time (s) 2Q.0 Intersection Capacity Utilization 56.5% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group University Ave 2020 PM with Development 8/2012015 Baseline Danielle Sullivan 158 Synchro 8 Report Page 1 HCM Unsignalized intersection Capacity Analysis 2: Driveway aim Horton's & Universit ,Ave 11/18/2015 �+e:nw LK �:+�. a �s w�� -ea�� University Ave 2020 PM YAth Development 8/2012015 Baseline Danielle Sullivan 159 Synchro 8 Report Page 1 MUMWO tlal` E13T -ft EBR - - WBL - -- - 'oval` VVl3R NU N8T NIM rE11. Lane Configurations '.i 41" ti i Volume (vehlh) 60 271 37 24 334 39 37 0 24 30 0 63 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 Hourly flow rate (vph) 68 308 42 27 380 44 42 0 27 34 0 72 Pedestrians Lane Width (m) Walking Speed (mis) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (m) 78 pX, platoon unblocked vC, conflicting volume 424 350 781 944 175 774 943 212 vC1, stage 1 conf voi vC2, stage 2 conf vol vCu, unblocked vol 424 350 781 944 175 774 943 212 tC, single (s) 42 42 7.6 6.6 7A 76 66 70 tC, 2 stage (s) tF (s) 2.2 22 3 -5 4.0 3.3 35 40 3.3 p0 queue free % 94 98 83 100 97 87 100 91 cM capacity (vehlh) 1125 1198 241 238 835 260 238 790 mfedw. bre 0 EB 1 EB 2 Ea 3 W13 i WB 2 NIB S 1992 SB i Volume Total 68 205 145 217 234 42 27 106 Volume Leff 68 0 0 27 0 42 0 34 Volume Right 0 0 42 0 44 0 27 72 cSH 1125 1700 1700 1198 1700 241 835 476 Volume to Capacity 006 012 009 002 014 017 003 0.22 Queue Length 95th (m) 1.5 0.0 0.0 0.5 0.0 4.7 0.8 6.4 Control Delay (s) 84 0.0 00 12 0.0 23.0 9.a 147 Lane LOS A A C A B Approach Delay (s) 14 0.6 177 14.7 Approach LOS C B . ")ummar Average Delay 3.5 Intetsection Capacity Utilization 420% ICU Level of Service A Analysis Period (min) 15 University Ave 2020 PM YAth Development 8/2012015 Baseline Danielle Sullivan 159 Synchro 8 Report Page 1 Plaza Retail REIT Traffic Impact Study for a Commercial Development at 55 University Avenue, Millidge Avenue FRE- 00228006 -A 0 January 5th, 2016 Appendix A — Proposed Site Plan 27 160 Superficie totale du terrain: * 163 717 pi.ca. Superficle du commerce A: t 13 000 pi.ca. Nombre de cases de stationnement: 69 Ratio de statlonnement: 5.3 REVISIONS No. Date Description 0007 01 -12 -15 Implantation commerciele NOTES GMRALES Le plan du plan provient du client en date du 30 octobre 2015.17101er. Proposed New Site plan.dwg La photo a6denne provient de Google Earth an date du 2 nov. 2015. • Les manoeuvres camions sont validees avec un camion 53'. Les cadastres, servitudes, elevations at utllIMs publiques devront titre verifies par un arpenteur. • L'analyse reglementaire We pas Md complelee sur oe site et des ajustaments sont a prdvoir sur cette esquisse. La oonfonmite du plan est a valider avec Is Ville. Ce plan no dolt pas gtre utilM pour des fins de construction. Les ajustements finaux devront titre (alts sur lea plans d'ex6cution, per lea professionnels a mandater. 1:750 0 7.5 15 30 45m Ville de Saint -John, N -B Avenue Millidge /Avenue University Ncembre 2015 PRELIMINAIRE 161 Plaza Retail RE1T Traffic Impact Study for a Commercial Development at 55 university Avenue, Mlllidge Avenue FRE- 00228006 -AO January 5th, 2016 Appendix B - TrafFic Volume Data 28 162 a- X 4 Fw 6 16g 70 woodwardAve I J 1 L 11 194 92 �► go 9 Padsftg 2o:5 AM Peak Intersection Vol=ft «rr +r 321 ga Unive�A- i L 61 4" w2 ag6 82 x43 285 I I r 32 97 1.28 12571 a 146 0 49 1 4 1 UniversityAve L 46 4— 223 26g i 0 i i r� O 163 a 270 7 187 77 Woo&ardAve J I r 102-0 99 "1 2o2o AM Peak Intersection Volumes WiithoutDevelopment L 67 4" 113 327 r� a47 I I r 35 107 W F 4 ^ 355 I x 161 108 0 M J i 1. 90--j 293 2 0--w Vn�Avs L 51 247 297 p i i r 0 0 � 164 F 0 0 4 WoodwardAve J 1 L o `l �� 4 El 4 � �-- O m AM Generated Traffic 4- z2 Ave t-- g., ~ 8.7 El 4.9 I I r O 0 5.3 2 O 9 O JiL 0 0 '�► UnivereityAve L o &9 i 12 tr O 8.2 F---] 165 �s 0 0 v WoodwardAva J I L 0 `j ❑0 0 0 "Pass -byrrm fr- 0 Ave L 0 Fol i i r 0 O 0 x E 0 0 0 .J 1 L o � ° MEN-► 0 UniversityAve L o 4— ° r- 0 i i r� 0 0 166 e F-74] 6.6 187 81 WaodwsrdAve 1 ! 4 13 J F-81 106 '"'^► 99 6 zo2o AM Peak Intersection volumes With Development 367 Ave ~ U6 339 ii 10 7 r s89 x 161 108 0 53 go __i 3a6 203 13 University Ave L 51 4— 247 F306 r 8.9 i i r 12 0 8.2 zo 167 i BY -LAW NUMBER C.P. 106 -_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.5 hectares, located at 55 University Avenue, also identified as being PID No. 55221717, from Suburban Neighbourhood to Local Centre classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Low to Medium Density Residential to Local Centre classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2016 and signed by: ARRETE N° C.P.106- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edictd ce qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par : 1 la modification de 1'annexe A — Structure de la municipalite, afin de faire passer la designation dune parcelle de terrain dune superficie d'environ 1,5 hectares, situee an 55, avenue University, et portant le NID 55221717, de quartier suburbain a centre local ; 2 la modification de 1'annexe B — Utilisation future des sols, of n de faire passer la designation de la parcelle de terrain precitee de secteur residentiel a densite faible ou moyenne a centre local; - toutes les modifications sont indiquees sur les plans ci joints et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2016, avec les signatures suivantes : Common Clerk/Greffier communal First Reading Premiere lecture Second Reading Deuxieme lecture Third Reading Troisieme lecture HE BY -LAW NUMBER M -5 A LAW TO AMEND A BY -LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE N° M -5 ARRETE MODIFLANT L'ARRETE CONCERNANT LE REGLEMENT INTkRIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a ddcrdtd cc qui suit: A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29<" day of November, A.D. 2010, is hereby amended as follows: 1 Subsection 8.4 is amended by deleting "/invocation" immediately after: "1. call to order ". 2 The following subsection is added immediately following subsection 2.23: "2.24 Written Consent — defined "Written Consent" means consent given by a Member either by letter, facsimile or electronic message from a City email address, to the Clerk." Par les prdsentes, 1'arret6 de The City of Saint John intituld << Arretd concernant le reglement intdrieur du conseil communal de The City of Saint John)), edicO le 29 novembre 2010, est modifid comme suit: 1 Le paragraphe 8.4 est modifid par la suppression de << et invocation )> immddiatement apres: << 1. ouverture de la reunion ». 2 Le paragraphe suivant est ajoutd immediatement apres le paragraphe 2.23 : 2.24 Consentement dcrit — definition << Consentement dcrit >> ddsigne un consentement donna au greffier /a la greffiere par un membre, soit par lettre, par fax ou par message dlectronique provenant d'une adresse de courriel de The City. » 3 The following subsection is added 3 Le paragraphe suivant est ajoutd immediately following subsection 4.12: immddiatement apres le paragraphe 4.12 "4.13 Regular meeting — cancellation « 4.13 Reunion ordinaire : annulation Except for the first meeting of Council as A 1'exception de la premiere rdunion du conseil specified in subsection 4.1, a regular conformdment au paragraphe 4.1, une rdunion meeting may be cancelled: ordinaire peut titre annulde : a. by resolution adopted by a majority of Members, at a regular meeting; or b. upon the Written Consent of a majority of the Members if twenty -four hours notice of cancellation is subsequently provided by the Clerk to each Member in accordance with the provisions of paragraphs 5.3(a), (b), (c), and also to the public in accordance with the provisions of subsection 4.9; or 169 a. par resolution adoptde par la majority des membres, lors d'une reunion ordinaire; ou b. avec le consentement dcrit de la majorite des membres, si un avis d'annulation d'au moires vingt - quatre heures est subsdquemment donna a chaque membre par le greffier/la greffiere, conformdment aux dispositions des alineas 5.3a), b), c), ainsi qu'au public conformement aux dispositions du paragraphe 4.9; ou c. where notice is not provided in accordance with the provisions of subparagraph b., upon the Written Consent of two- thirds of the Members if notice of cancellation is subsequently provided by the Clerk to each member in accordance with the provisions of paragraphs 5.3(a), (b), (c); and the Clerk endeavours to post notice of cancellation on the City's website." 4 The following subsection is added immediately following subsection 5.7: "5.8 Special meeting — cancellation (1) A special meeting, summoned pursuant to the provisions of subsection 5. 1, may be cancelled: a. by the Mayor through the Clerk if notice of cancellation is subsequently provided by the Clerk to each Member in accordance with the provisions of subsection 5.3, and also to the public in accordance with the provisions of subsection 5.7; or b. where notice is not provided in accordance with the provisions of subparagraph a., by the Mayor through the Clerk upon the Written Consent of two- thirds of the Members if notice of cancellation is subsequently provided by the Clerk to each Member in accordance with the provisions of paragraphs 5.3(a), (b), (c); and the Clerk endeavours to post notice of cancellation on the City's website. (2) A special meeting, summoned pursuant to the provisions of subsection 5.2, may be cancelled: a. upon the Written Consent of the petitioning Members if notice of cancellation is subsequently provided c. lorsqu'un avis n'est pas donne conformement aux dispositions du sous - alinea b., avec le consentement ecrit des deux tiers des membres, si un avis d'annulation est subsequemment donne a chaque membre par le greffier/la greffiere, conformement aux dispositions des alineas 5.3a), b), c); et que le greffier /la greffiere tente d'afficher 1'avis d'annulation sur le site Web de The City. 4 Le paragraphe qui suit est ajoute immediatement apres le paragraphe 5.7: o 5.8 Reunion extraordinaire : annulation 170 (1) Une reunion extraordinaire, convoquee en vertu des dispositions du paragraphe 5. 1, peut titre annulee : a. par le maire par 1'entremise du greffier /de la greffiere, si un avis d'annulation est subsequemment donne a chaque membre par le greffier/la greffiere, conformement aux dispositions du paragraphe 5.3, ainsi qu'au public conformement aux dispositions du paragraphe 5.7; ou b. lorsqu'un avis n'est pas donne conformement aux dispositions du sous - alinea a., par le maire par Pentremise du greffier /de la greffiere, avec le consentement ecrit des deux tiers des membres, si un avis d'annulation est subsequemment donne a chaque membre par le greffier/la greffiere, conformement aux dispositions des alineas 5.3a), b), c); et que le greffier/la greffiere tente d'afficher 1'avis d'annulation sur le site Web de The City. » (2) Une reunion extraordinaire, convoquee conform6ment aux dispositions du paragraphe 5.2, peut titre annulee : a. avec le consentement ecrit des membres requerants, si un avis d'annulation est subsequemment donne A chaque membre by the Clerk to each Member in accordance with the provisions of subsection 5.3, and also to the public in accordance with the provisions of subsection 5.7; or b. where notice is not provided in accordance with the provisions of subparagraph a., upon the Written Consent of two - thirds of the Members if notice of cancellation is subsequently provided by the Clerk to each Member in accordance with the provisions of paragraphs 5.3(a), (b), (c); and the Clerk endeavours to post notice of cancellation on the City's website." 5 Subsection 21.11 is repealed and replaced with the following: "21.11 Meeting — day — time — cancellation (1) Unless otherwise provided by resolution at a regular council meeting, meetings of the Committee of the Whole shall be scheduled prior to a regular council meeting commencing at a time to be set by the Clerk or on the Monday of the week falling between the bi- weekly regular council meetings. (2) A Committee of the Whole meeting may be cancelled: par le greffier /la greffiere, conformement aux dispositions du paragraphe 5.3, ainsi qu'au public conformement aux dispositions du paragraphe 5.7; ou b. lorsqu'un avis n'est pas donne conformement aux dispositions du sous - alinda a., at ec le consentement ecrit des deux tiers des membres, si un avis d'annulation est subsequemment donne a chaque membre par le greffier/la greffiere, conformement aux dispositions des alindas 5.3a), b), c); et que le greffier /la greffidre tente d'afficher 1'avis d'annulation sur le site Web de The City. » Le paragraphe 21.11 est abroge et remplace par ce qui suit: «21.11 Reunion : jour, heure et annulation (1) Sauf indications contraires introduites par resolution lors d'une reunion ordinaire du conseil, les reunions du Comite plenier doivent titre fixees avant la tenue d'une reunion ordinaire du conseil a une date que fixera le greffier/la greffiere ou le lundi de la semaine prdcedant ou suivant les reunions ordinaires du conseil tenues a la quinzaine. (2) Une reunion du Comite plenier peut titre annulee : a. by resolution adopted by a majority of a. par resolution adoptee par la majorite des the Committee of the Whole members, membres du Comite plenier, lors d'une at a regular meeting of that committee; reunion ordinaire de ce comitd; ou or b. upon the Written Consent of a majority of the members of the Committee of the Whole if twenty -four hours notice of cancellation is provided by the Clerk to each member of the Committee of the Whole in accordance with the provisions of paragraphs 5.3(a), (b), (c), and also to the public in accordance with the provisions of subsection 4.9; or 171 b. avec le consentement dcrit de la majorM des membres du Comite plenier, si un avis d'annulation d'au moins vingt - quatre heures est donne h chaque membre du Comitd plenier par le greffier /la greffidre, conformdment aux dispositions des alineas 5.3a), b), c), ainsi qu'au public conform6ment aux dispositions du paragraphe 4.9; ou c. where notice is not provided in accordance with the provisions of subparagraph b., upon the Written Consent of two- thirds of the members of the Committee of the Whole if notice of cancellation is subsequently provided by the Clerk to each member of the Committee of the Whole in accordance with the provisions of paragraphs 5.3(a), (b), (c); and the Clerk endeavours to post notice of cancellation on the City's website." c. lorsqu'un avis n'est pas donne conform6ment aux dispositions du sous - alinea b., avec le consentement ecrit des deux tiers des membres du Comit6 pl6nier, si un avis d'annulation est subsequemment donne a chaque membre du Comit6 plenier par le greffier /la greffiere, conformement aux dispositions des alin6as 5.3a), b), c); et que le greffier/la greffiere tente d'afficher Favis d'annulation sur le site Web de The City. » 6 Subsection 21.14 is amended by deleting 6 Paragraphe 21.14 est modifi6 par la the words "so far as they are applicable" suppression des mots << dans la mesure ou and substituting "with necessary elles peuvent s'appliquer » et son modifications ". remplacement par << avec les modifications n6cessaires ». IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le present arrete City to be affixed to this by -law the day of le 2016, avec les signatures , A.D. 2016 and signed by: suivantes : Mayor/Maire Common Clerk / Greffier communal First Reading - January 25, 2016 Premi6re lecture Second Reading - January 25, 2016 Deuxieme lecture Third Reading - Troisi6me lecture 172 - le 25 j anvier 2016 - le 25 j anvier 2016 Received Date February 01, 2016 Meeting Date February 08, 2016 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Payment for Issuance of Receipt(s) for Water and Sewerage Accounts Background: A citizen was recently required to pay for two official receipts, totalling $56.50, with respect to payments on her Saint John Water and Sewerage account. Under the current by -Law Respecting Water and Sewerage, Section 44(5) states that "an official receipt for income tax purposes for water and sewerage charges paid for a property may be obtained upon a payment of a fee of $25." Motion: Refer to staff to draft a bylaw amendment which would eliminate the fee; and further, that the citizen be reimbursed $56.50 for the charges incurred. Respectfully Submitted, (Received via email) Councillor Bill Farren Councillor Greg Norton City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 173 January 25, 2016 Councillor Bill Farren Councillor Greg Norton 873 Edgehill St 18 Coster St Saint John, NB Saint John, NB Dear Ward 1 Councillors of Saint John City Council, I was advised to contact you, my city council representatives, by the Saint John Department of Finance after having to pay $56.50 for 2 official receipts of my Saint John Water and Sewerage account. I am being audited for the years 2013 and 2014 and could not find all of my VISA slips proving I had paid these bills in those two years. The property in question is 43 Wright St. I realize that under "A By -Law Respecting Water and Sewerage" Section 44(5) An official receipt for income tax purposes for water and sewerage charges paid for a property may be obtained apon a payment of a fee of $25. 1 tried submitting what the department initially recommended I try to sumbit, a screen print of my payment history, but found out I needed something more legitimate. I had to pay the fee to get copies. Both the staff at Water and Sewerage and the Dept of Finance who took my money expressed surprise and were apologetic to have to charge this fee, but were just following the rules. As you can imagine with an audit, I had to contact many agencies to get receipts for services /work done and none of them charged me a fee for the information on my accounts. I feel that a $25 per receipt is not reasonable given my request is based on an obligation that I have to provide proof of payment for a service to the federal government in these personal income tax audits. This fee is excessive given the work /resources required to produce these documents. I respectfully ask that these charges be reversed /credited to my water /sewerage account. An ammendment to the existing by -law to read "An official receipt for income tax purposes for water and sewerage charges paid for a property may be obtained through the department of finance. A fee of $25.00 may be charged." This allows the department to charge the fee if requests are excessive. I do not believe my request was overly resource or labour intensive. Thank you for your time, Dr. Chantal DeMerchant 1700 Manawagonish Rd Saint John, NB E2M 3Y5 174 Received Date February 01, 2016 Meeting Date February 08, 2016 Open or Closed Open Session Deputy Mayor and Members of Common Council Deputy and Councillors: Subject: Designated Snow Ban Lots Background: Recently we have implemented city -wide parking bans. These parking bans affect neighbourhoods similar in composition to the south - central peninsula in terms of limited available off - street parking. This applies most notably in the lower West Side as well as the old North End. Motion: That Council direct the City Manager to review with appropriate staff the possibility of entering into agreements with land owners in those neighbourhoods with a view to implementing or obtaining agreements similar to those in the central peninsula which allow for parking in designated snow ban lots recognizing that this may be more challenging in the lower West Side and old North End as the availability of lots owned and /or operated or leased by the Saint John Parking Commission would be significantly more limited. Respectfully, Mayor Mel Norton l� — VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 175 Received Date February 01, 2016 Meeting Date February 08, 2016 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: In -Kind Service for Community Food Basket In light of the recent ask by the Community Food Basket, for $10K to help cover their current debt of $40K I would like to propose the following motion to solicit in -kind service. Motion: To direct the City Manager to request in writing that Saint John Energy consider providing a waiver of the power bill for the Community Food Basket for a specific period of time and that the City Manager provide a report back to Council. Respectfully Submitted, (Received via email) Donna Reardon Councillor -Ward 3 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 176 Received Date January 25, 2016 Meeting Date February 08, 2016 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Section 74 of The Municipalities Act At our last regular council meeting our City Manager listed a few City Hall senior staff positions that are covered under section 74 of the Municipalities Act. Motion: That the City Manager provide to Council a full and complete list of Saint John City Hall staff positions that are currently, or able to be, covered under section 74 of the Municipalities Act at his earliest convenience. Respectfully Submitted, (Received via email) Bill Farren Councillor -Ward 1 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 177 �C IT jD krC! I COUNCIL REPORT M &C No. 2016 -23 Report Date February 02, 2016 Meeting Date February 08, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Referral of Saint John Building By -law and Subdivision By -law to PAC OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager J. Brent McGovern Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council refer the proposed Saint John Building By -law and the proposed Subdivision By -law to the Planning Advisory Committee for its written view of the draft by -laws in accordance with the requirements of the Community Planning Act. Since February 16, 2015 when Council directed staff to proceed with rewriting the Subdivision By -law and the Building By -law and to develop a Stormwater Drainage By -law staff have remained focused on creating a suite of modernized, integrated development by -laws. Now that the by -laws are in draft format, the Province of New Brunswick, through the Community Planning Act, requires as per section 66 (1) of the Act that Council request in writing, before enacting a by -law, the written views of the Planning Advisory Committee (PAC). Both the proposed Saint John Building By- law and the Subdivision By -law fall under the Community Planning Act, however, the Drainage By -law falls under the Municipalities Act and for this reason the referral of the Drainage By -law is not required. PREVIOUS RESOLUTION In February 2015 Council adopted the following related recommendation: direct staff to proceed with rewriting of the Subdivision By -law and Building By -law and the development of the Stormwater Drainage By -law that incorporates the service improvements outlined in M &C 2015 -023. 178 yM In June 2015 Council received and filed a One -Stop Shop Project Update. In November 2015 Council adopted the following related recommendations: receive and file this quarterly report from the One -Stop Development Shop team for communication to stakeholders during sessions planned for November 25 — 27, 2015, and - endorse the schedule for adoption of the One -Stop By -laws. STRATEGIC ALIGNMENT The One -Stop Development Shop project is a Council priority related to economic health of the City. The One -Stop project aligns with key strategies including P1anSJ and AdvanceSJ and supports developing a culture of continuous improvement and customer focused service delivery which is transparent and accountable. I:741701:iA The goal of the modernized development by -laws is to improve clarity and predictability for development, while ensuring community standards set out in P1anSJ are met, enforcement is improved and new features of the One -Stop Shop including stormwater management are added. On February 16, 2015 Council adopted the One -Stop Development Shop Final Service Delivery Model recommended options and directed staff to proceed with rewriting the Subdivision By -law and Building By -law and to develop a Stormwater Drainage By -law. Since that time, staff have remained focused on creating a suite of modernized, integrated development by -laws. There has been a considerable amount of research and stakeholder engagement relating to all three by -laws. In total, there has been 65 interviews, a review of 22 cities, 5 regional visits, 8 focus sessions and 2 events. The most recent stakeholder activity relating to the three by -law is as noted below. - Staff Sessions —November 19, 2015 - Planning Advisory Committee & Heritage Development Board — November 25, 2015 - Development Industry — November 26, 2015 - Economic Development Agencies — November 27, 2015 - Workshop with Council — February 1, 2016 - Workshop with PAC — February 2, 2016 The workshops held in early February 2016 provided Council and PAC with the detail of the by -laws. Feedback received from the various stakeholder sessions was considered and incorporated into the by -laws. Staff are now prepared to have Council refer the proposed Saint John Building By -law and the proposed Subdivision By -law to the Planning Advisory Committee for its written view of the proposed by -laws. 179 -3- The Province of New Brunswick, through the Community Planning Act, requires as per section 66 (1) of the Community Planning Act that Council request in writing, before enacting a by -law, the written views of the Planning Advisory Committee (PAC) on the proposed Saint John Building By -law and the Subdivision By -law. Note that the Drainage By -law falls under the Municipalities Act and for this reason the referral of the Drainage By -law is not required, however, staff will be working with PAC to explain them the details of the Drainage By -law. By -law Adoption Timeline Staff remain on the schedule endorsed by Council in November 2015 and the next steps include the following items that are planned to occur during the coming month. The proposed dates are noted below. - February 16, 2016 - Provide PAC with a presentation on each of the three by -laws and seek a recommendation on how to proceed with the Subdivision and Building By -law. - February 18, 2016 - Complete the translation of all three by -laws. - March 7, 2016 — First and second reading of the three by -laws. - March 21, 2016 — Bring the three by -laws forward for third reading. - May 2, 2016 — Enact the by -laws. This will allow time for communication to the public on changes and to allow staff time to implement the various process changes that are a necessary part of the new by -laws. Council's continued engagement is critical as we enter the by -law adoption process. SERVICE AND FINANCIAL OUTCOMES Service enhancements of the One -Stop Development Shop project as it relates to the by -laws will result in enhanced customer service, streamlining of the development process, improved efficiencies of the development service and the creation of a stronger culture of compliance with development by -laws that contribute to reduced liability risks through improved enforcement all within existing resources. The By -law adoption process is being completed within Council approved budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input from staff, PAC, Heritage Development Board, Development Industry, Economic Development Agencies, Legal, Saint John Water, Transportation and Environment and Finance have been received on the proposed by -laws. ATTACHMENTS Both the Saint John Building By -law and the Subdivision By -law are attached for referral and the Drainage By -law is attached for information purposes. :1 81 The City of Saint John Subdivision Bymlaw s -� 2016 Vt e F W. P; f GrowS) Disclaimer This document is a working draft prepared by Growth & Community Development Services. The provisions of this document are intended for discussion purposes, and are not legally binding on The City of Saint John or any person. This document has not been thoroughly reviewed and is subject to change. x t �o� �a W 4•, Growth & Community Development Services Community Planninglevelopment - 2016 Contents Part1: Administration ..................................................................... ............................... 1 Title............................................................................................................... ............................... 1 Definitions.................................................................................................... ............................... 1 Interpretation............................................................................................. ............................... 11 Purposeand Scope ................................................................................... ............................... 12 Determinations.......................................................................................... ............................... 12 Prohibition................................................................................................. ............................... 12 Applications............................................................................................... ............................... 13 Engineering Drawings, Inspections, Reports, and Tests ........................ ............................... 13 Traffic Impact Assessments ..................................................................... ............................... 14 Water Supply and Soils Reports ............................................................... ............................... 14 RailwayRights -of- Way .............................................................................. ............................... 15 By -law Enforcement .................................................................................. ............................... 15 Transition................................................................................................... ............................... 16 Part 2: Design Standards .............................................................. ............................... 17 StreetsStandards ...................................................................................... ............................... 17 LotsStandards .......................................................................................... ............................... 19 Part 3: Land for Public Purposes .................................................. ............................... 20 LandDedications ....................................................................................... ............................... 20 Moneyin -lieu ............................................................................................. ............................... 20 Landand Money in -lieu ............................................................................. ............................... 21 Phasing...................................................................................................... ............................... 21 Exceptions................................................................................................. ............................... 21 Cost - Sharing .............................................................................................. ............................... 22 Part 4: Streets, Utilities, and Other Facilities ............................... ............................... 23 Required Work, Utilities, and Other Facilities .......................................... ............................... 23 Street Signs and Street Lighting .............................................................. ............................... 25 Stormwater................................................................................................. ............................... 25 Utilities....................................................................................................... ............................... 25 Easements................................................................................................. ............................... 26 Completion of Work, Utilities, and Other Facilities ................................. ............................... 26 WE Part 5: Subdivision Agreements ................................................... ............................... 27 Agreements and Plan Approvals .............................................................. ............................... 27 As -Built Drawings ...................................................................................... ............................... 28 Warranty..................................................................................................... ............................... 28 Part 6: Subdivision Plan Approvals .............................................. ............................... 29 Municipal Development Plan .................................................................... ............................... 29 Zoning and Subdivision By- laws .............................................................. ............................... 29 ZoningBy- law ............................................................................................ ............................... 30 Part -Lots .................................................................................................... ............................... 30 RailwayRights -of- Way .............................................................................. ............................... 31 PlanNotations ........................................................................................... ............................... 31 Prohibitionsof Approval ........................................................................... ............................... 33 Phasing...................................................................................................... ............................... 33 ScheduleA: Fees ........................................................................... ............................... 34 185 a Administration 1 Design Standards 2 Land for Public Purposes 3 Streets, Utilities, and Other Facilities 4 Subdivision Agreements 5 Subdivision Plan Approvals 6 IM Schedule A Growsi 187 Part 1: Administration The Council of The City of Saint John, under the authority vested in it by the Community Planning Act, enacts as By -law Number C.P. 122, The Subdivision By -law of The City of Saint John, as follows: Title This By -law may be cited as the "Subdivision By -law." Definitions 2(1) In this By -law, unless expressly indicated otherwise, words have their ordinary meaning, except otherwise defined by this By -law. 2(2) Where a word is defined, other parts of speech and grammatical forms of the same word shall have corresponding meaning. "Abut" means to be located next to and having Access thereto directly. "Access" means a thoroughfare suitable for the passage of vehicles. "Accessory Building" means a Building that is incidental, subordinate, and exclusively devoted to the main use, Main Building, or structure located on the same lot. "Act" means the Community Planning Act, RSNB 1973, c C -12, of the Province of New Brunswick. "Active Transportation" means modes of transportation that rely on human power rather than machine power, including, but not limited to, walking, jogging, running, cycling, in -line skating, skateboarding, non - mechanized wheel chairing, snowshoeing, and skiing. "Appraiser" means a member in good standing with the New Brunswick Association of Real Estate Appraisers that has been registered under the New Brunswick Association of Real Estate Appraisel Act to practice real estate appraisal in the Province of New Brunswick. "As -Built Drawings" means the stamped Engineering Drawings prepared following completion of construction that shows, insofar as possible, the true coordinate location and pertinent information regarding infrastructure constructed or installed. "Assent" means the acceptance by Council of the Vesting of a Public Street or Future Street or Land for Public Purposes. "Atlantic Canada Guidelines for the Supply, Treatment, Storage, Distribution, and Operation of Drinking Water Supply Systems" means the September 2004 document Part 1: Administration (Working Draft) Im Page 11 prepared by CBCL Limited entitled, "Atlantic Canada Guidelines for the Supply, Treatment, Storage, Distribution, and Operation of Drinking Water Supply Systems" for the Atlantic Canada Water Works Association (in association with the four Atlantic Canada Provinces). "Atlantic Canada Wastewater Guidelines Manual for Collection, Treatment, and Disposal" means the 2006 document prepared by ABL Environmental Consultants Ltd. entitled, "Atlantic Canada Wastewater Guidelines Manual for Collection, Treatment, and Disposal." "Billboard Sign" means a ground sign that displays third -party advertising. "Building" means any roofed structure with solid exterior walls, whether temporary or permanent, designed or used for the accommodation, enclosure, or shelter of an animal, chattel, person, or material. "Building Inspector" means the person appointed by Council as the Building Inspector for The City of Saint John or any person designated by the Building Inspector to perform a duty on behalf of the Building Inspector with respect to this By -law. "Chief City Engineer" means the person appointed by Council as the Chief City Engineer for The City of Saint John or any person designated by the Chief City Engineer to perform a duty on behalf of the Chief City Engineer with respect to this By -law. "City" means the geographical area within the boundaries of the City of Saint John in the County of Saint John in the Province of New Brunswick. "City Solicitor" means the person appointed by Council as the City Solicitor for The City of Saint John or any person designated by the City Solicitor to perform a duty on behalf of the City Solicitor with respect to this By -law. "Clean Water Act" means the Clean Water Act, SNB 1989, c C -6.1, of the Province of New Brunswick. "Cluster Townhouse Dwelling" means a Building containing three or more dwelling units arranged side by side, each having an independent exterior entrance and separated vertically by a Common Wall extending from the foundation to the roof, located on a Lot or Part -Lot Abutting a Private Street. "Commercial Group" means two or more commercial Buildings located on a Lot or adjoining Lots having been designed as an integrated Development with respect to the placement of Buildings and any associated Accessory Buildings or structures, amenity spaces, driveways, landscaping, or parking areas. "Committee" means the Planning Advisory Committee of The City of Saint John established by Council. Part 1: Administration (Working Draft) :• Page 12 "Common Wall" means a wall erected along a Lot or Part -Lot boundary partly on the land of one owner and partly on the land of another that provides common support to the structure on both sides of said boundary. "Community Garden" means an area of land that is cultivated by the public for non - commercial purposes. "Condominium Property Act" means the Condominium Property Act, SNB 2009, c C- 16.05, of the Province of New Brunswick. "Corner Lot" means a Lot located at an intersection Abutting two or more Streets. "Council" means the Common Council of The City of Saint John. "Department of Environment" means the Department of Environment and Local Government of the Province of New Brunswick. "Department of Health" means the Department of Health of the Province of New Brunswick. "Developer" means a person seeking approval of a Subdivision or who enters into an agreement with The City of Saint John under this By -law. "Drainage By -law" means A By -law Respecting Drainage in The City of Saint John, as adopted and amended by Council from time to time. "Development" means: (a) The erecting, placing, relocating, removing, demolishing, altering, repairing, or replacing of a Building or structure other than Utility poles and wires, traffic control devices, Pipelines defined in the Pipeline Act, 2005 except for Buildings and structures remote from the Pipeline used for management and administration or housing or storing of moveable equipment or statutory notices; (b) Any change in the purpose for which any land, Building, or structure is used; (c) Any excavation of sand, gravel, clay, shale, limestone, or other deposit for a Development mentioned in paragraph (a), or for purposes of the sale or other commercial use of the material excavated; or (d) The making of land by cutting or filling to a depth in excess of one metre except in the case of laying Pipelines defined in the Pipeline Act, 2005. Part 1: Administration (Working Draft) 190 Page 13 "Development Officer" means the person appointed by Council as the municipal planning director for The City of Saint John or any person delegated authority by the Municipal Planning Director under the Act with respect to this By -law. "Dry Well" means an underground structure designed to collect Stormwater and discharge it into groundwater. "Dwelling Group" means two or more Buildings containing dwelling units having been designed as an integrated Development with respect to the placement of the Main Buildings and any associated Accessory Buildings or structures, amenity spaces, driveways, landscaping, or parking areas located on a Lot or adjoining Lots Abutting a Public Street or Private Street. "Engineering Drawing" means a plan stamped, signed, and dated by a Professional Engineer. "Exceptional Site Constraint" means a physical characteristic of land including, but not limited to, topography, soil conditions, rock, water, or the lack of land. "Flankage Lot Line" means a Side Lot Line abutting a Street on a Corner Lot. "Front Lot Line" means the boundary line of an Interior Lot abutting a Street, or in the case of a Corner Lot the shorter boundary line abutting a Street with the longer boundary line abutting a Street being the Flankage Lot Line, but if both boundary lines are of equal length then the boundary line directly across from the principal entrance of the Main Building or structure on the Lot, or in the case where a Lot does not Abut a Street right -of -way, the boundary line abutting any other Access will be the Front Lot Line. "Future Street" means an area of land identified as a "Future Street" on a Subdivision Plan, which Vests to The City of Saint John when such plan is registered, and may later be improved to become a Public Street. "General Specifications" means the May 2015 document entitled, "General Specifications" of The City of Saint John. "Geometric Design Guide for Canadian Roads" means the September 1999 (Updated December 2011) publication entitled, "Geometric Design Guide for Canadian Roads" of the Transportation Association of Canada. "Highway" means a thoroughfare built and maintained by, or under the supervision of, the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation, or a project company, whether or not such Highway lies within the geographical boundaries of a local authority. Part 1: Administration (Working Draft) 191 Page 14 "Infrastructure Officer" means a person employed in the Infrastructure Development service area of the Growth and Community Development Services Department of The City of Saint John as a manager, municipal engineer, or municipal engineering technologist. "Interior Lot" means a Lot other than a Corner Lot. "Land for Public Purposes" means an area of land identified as "Land for Public Purposes" on a Subdivision Plan, which Vests to The City of Saint John when registered, and such land is to be used for the recreational or other use or enjoyment of the public and includes: (a) An access to a lake, river, stream, sea, or other body of water; (b) A beach or scenic area along the shore of a lake, river, stream, sea, or other body of water; (c) A conservation area; (d) Land adjoining a school, for joint recreational purposes; (e) Land for a community hall, public library, recreational use, or other similar community facility; (f) Open space, to provide air and light, to afford a view to or from a Development or to a lake, river, stream, sea, or other body of water, or for other purposes; (g) A Park, green belt or buffer area dividing Developments, parts of a Highway or a Development and a Highway; (h) A pedestrian way to a school, shopping centre, recreational area, or other facility; (i) A protection area for a Watercourse, stream, marsh, water supply lake, or other body of water; (j) A public Park, Playground, or other recreational use; (k) A visual feature; or (1) A wooded area, slope area, or a site giving view to a scenic area to provide diversity. "Land Surveyor" means a member in good standing with the Association of New Brunswick Land Surveyors authorized under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province of New Brunswick. "Lane" means a thoroughfare that acts only as a secondary Access to Lots which is not intended for the public. Part 1: Administration (Working Draft) 192 Page 15 "Local Street" means a Street designed primarily for Access to a residence, business, industry, or other such abutting property. "Lot" means a parcel of land, or two or more adjoining parcels of land held by the same owner and used or intended to be used as the site for a Main Building or structure along with any associated Accessory Building or structure, amenity space, driveway, landscaping, or parking area, whether or not such Lot is shown on a Registered Subdivision Plan, or is the subject matter of a separate deed, or a separate description in a deed. "Lot Area" means the total horizontal area within the boundary lines of a Lot, or the combined total horizontal area within the boundary lines of all Part -Lots associated with a Semi - Detached Dwelling, Townhouse Dwelling, or Cluster Townhouse Dwelling. "Lot Depth" means the horizontal distance between the Front Lot Line and Rear Lot Lines, but if the Front Lot Line and Rear Lot Line are not parallel, lot depth means the length of a straight line joining the middle of the Front Lot Line with the middle of the Rear Lot Line, but if there is no Rear Lot Line, lot depth means the length of a straight line joining the middle of the Front Lot Line with the apex of the triangle formed by the Side Lot Lines. "Lot Frontage" means the horizontal distance between the Side Lot Lines of an Interior Lot as measured along the Front Lot Line, or the horizontal distance between the Side Lot Line and a hypothetical point of intersection of the Front Lot Line and Flankage Lot Line of a Corner Lot determined by extension of a straight line. "Lot Line" means a common boundary line between a Lot and another Lot or other parcel of land, or a Street or other such Access, or a body of water, or any combination thereof. "Main Building" means the Building or Buildings intended to accommodate the main use or uses permitted on a Lot. "Minor Utility Service Building or Structure" means any overhead, surface, or underground Building, facility, or structure owned by The City of Saint John or a Public Utility for the delivery of electricity, natural gas, Municipal Water, Municipal Sanitary Sewer, Municipal Storm Sewer, Municipal Combined Sewer, or telecommunications, including, but not limited to, the following: (a) Communications devices; (b) Distribution or transmission lines, poles, including overhead wires and associated hardware or anchoring devices; (c) Small surface mounted enclosures; (d) Underground pipe systems; Part 1: Administration (Working Draft) 193 Page 16 (e) Underground wires; or (f) Water booster stations, pumping stations, or sewage lift stations; but does not include an electrical substation, wastewater treatment facility, water tank, or water treatment plant. "Municipal Combined Sewer" means the existing or proposed combined sanitary sewer system and storm sewer system of The City of Saint John. "Municipal Development Plan" means The City of Saint John Municipal Development Plan, as adopted and amended by Council from time to time. "Municipal Recreational Use" means any use involving a public recreational facility maintained or operated by The City of Saint John, and includes, but is not limited to, a basketball court, tennis court, Park, Playground, sports field, or swimming pool. "Municipal Sanitary Sewer" means the existing or proposed sanitary sewer system of The City of Saint John. "Municipal Services Easement" means an area of land identified as a "Municipal Services Easement' on a Subdivision Plan, which Vests to The City of Saint John when registered. "Municipal Storm Sewer" means the existing or proposed storm sewer system of The City of Saint John. "Municipal Street Lighting Best Management Practice" means the March 2014 document entitled, "Municipal Street Lighting Best Management Practice" of The City of Saint John. "Municipal Water" means the existing or proposed water system of The City of Saint John. "Neighbourhood Identification Sign" means a ground sign that identifies a residential neighbourhood or Subdivision. "On -Site Sewage Disposal System" means a septic tank with a subsurface disposal field and all other such systems that are not connected to a wastewater treatment facility approved by the Minister of Environment and Local Government under the Clean Water Act. "Park or Playground" means a Lot or other parcel of land containing a public Park or Playground for non - commercial purposes. "Part-Lot" means the individual lot for a dwelling unit of a Semi - Detached Dwelling, Townhouse Dwelling, or Cluster Townhouse Dwelling where separation is provided by a Common Wall. Part 1: Administration (Working Draft) 194 Page 17 "Pedestrian Walkway" means a right -of -way or a defined portion of Land for Public Purposes or a Public Street or Future Street that is intended for Active Transportation. "Pipeline" means pipes and installations regulated by the Pipeline Act, 2005 of the Province of New Brunswick for the transmission of oil, gas, minerals, or fluids from an oil or gas well, or water or effluent used or produced in connection with an oil or gas well or the manufacture of oil or gas. "Primary Development Area" means the area generally corresponding to that portion of the City with Municipal Water, Municipal Sanitary Sewer, and Municipal Storm Sewer as defined by the Municipal Development Plan and shown on the Future Land Use Map, Schedule B, of said Plan. "Private Drainage Facility" means any feature to control the drainage of Stormwater in a Subdivision not owned or maintained by The City of Saint John, including, but not limited to, the following: (a) Swales; (b) French drains; (c) Stormwater Management Ponds; (d) Dry Wells; (e) The sloping and contouring of land, structures, concrete or asphalt gutter; or (f) Natural or artificial features such as Watercourses or bodies of water. "Private Street" means a thoroughfare not owned by The City of Saint John that acts as a Local Street to three or more Abutting Lots. "Professional Engineer" means a member in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick and registered or licensed to practice engineering in the Province of New Brunswick. "Public Display" means a structure that provides information to the public concerning the meaning or significance of an area, feature, settlement, or site with regards to its cultural, historic, natural, or social importance for non - commercial purposes. "Public Health Act" means the Public Health Act, SNB 1998, c P -22.4, of the Province of New Brunswick. "Public Street" means a thoroughfare that is owned by The City of Saint John. "Public Utility Easement" means an area of land identified as "Public Utility Easement" on a Subdivision Plan that Vests to a Public Utility when registered. Part 1: Administration (Working Draft) 195 Page 18 "Public Utility" means any person owning, operating, managing, or controlling an undertaking for the supply of electricity, gas, telephone, or other telecommunications. "Rear Lot Line" means, in the case of a Lot having four or more Lot Lines, the Lot Line farthest from and opposite to the Front Lot Line. "Registration" means the performance of filing a Subdivision Plan or document that has been endorsed by the Development Officer at the Saint John Registry Office. "Saint John Building By -law" means A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John, as adopted and amended by Council from time to time. "Security" means, with respect to a Subdivision Agreement, any form of security acceptable to the City Solicitor, including, but not limited to, cash, performance bonds, or standby letters of credit. "Semi- Detached Dwelling" means a Building containing two dwelling units arranged side by side and separated vertically by a Common Wall extending from the foundation to the roof. "Side Lot Line" means a Lot Line other than a Front Lot Line, Flankage Lot Line, or Rear Lot Line. "Storm Drainage Submission" means a Storm Drainage Submission approved under the Drainage By -law. "Stormwater" means surface run -off water and precipitation, including snowmelt and ice melt. "Stormwater Management Pond" means a pond that has been constructed in accordance with an Engineering Drawing approved by the Chief City Engineer designed to collect and detain or retain Stormwater on a Lot or other parcel of land. "Street" means a Public Street or Private Street. "Street Line" means the boundary line of a Street right -of -way that forms the dividing line between a Street and a Lot. "Subdivide" means to divide a parcel of land into two or more parcels and any other boundary alteration or consolidation of parcels of land. "Subdivision" means the performance, product, or instance of Subdividing, and where context allows, means both the initial Subdivision and any subsequent phases thereafter or an existing and proposed Subdivision. Part 1: Administration (Working Draft) 196 Page 19 "Subdivision Agreement" means a written contract between a Developer and The City of Saint John dealing with the responsibilities of each party with respect to the Subdivision and Development of land in accordance with the provisions of this By -law and the Act. "Subdivision Plan" means a Subdivision Plan prepared in accordance with the provisions of this By -law and the Act that is acceptable for Registration. "Subdivision Revalidation Letter" means a letter prepared by the Development Officer extending the Tentative Subdivision Approval of a Subdivision for an additional one -year period. "Telecommunication Tower" means any type of tower or facility regulated by the federal Telecommunication Act, Radiocommunication Act, or Broadcasting Act administered by Industry Canada and used to support one or more antennae for the purpose of telecommunications. "Tentative Subdivision Approval" means approval granted by the Development Officer for a Tentative Subdivision Plan in accordance with the provisions of this By -law and the Act. "Tentative Subdivision Plan" means a plan prepared in accordance with the provisions of this By -law and the Act showing a Subdivision. "The City of Saint John Parks and Recreation Strategic Plan" means the November 19, 2013 document entitled, "The City of Saint John Parks and Recreation Strategic Plan" of The City of Saint John. "The City of Saint John" means a body incorporated by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick. "Through Lot" means a Lot other than a Corner Lot that has a front yard on two or more Streets. "Tier 1 Variance" means a Variance considered by the Development Officer that is less than 10 percent of a numeric requirement contained in this By -law. "Tier 2 Variance" means all other Variances subject to the Development Officer that are not a Tier 1 Variance. "Townhouse Dwelling" means a Building containing three or more dwelling units arranged side by side each with an independent exterior entrance and separated vertically by a Common Wall extending from the foundation to the roof located on a Lot or Part -Lot Abutting a Public Street. "Trails and Bikeways Strategic Plan" means the May 12, 2010 document entitled, "Trails and Bikeways Strategic Plan" of The City of Saint John. "Type 1 Subdivision" means a Subdivision of land that does not involve the construction or extension of a Street or Land for Public Purposes. Part 1: Administration (Working Draft) 197 Page 110 "Type 2 Subdivision" means a Subdivision of land that does involve the construction or extension of a Street or Land for Public Purposes. "Utility" means a service provided to the public by a Public Utility. "Variance" means a variance granted by the Development Officer or Committee, as the case may be, as authorized by the Act. "Vesting" means, with respect to Public Streets and Future Streets, Land for Public Purposes, or Municipal Services Easements and Public Utility Easements, the transfer of ownership, rights, or other interests in land to The City of Saint John or a Public Utility, whichever is applicable, upon the Registration of a Subdivision Plan in accordance with the provisions of this By -law and the Act. "Walking Trail" means land used by the public for Active Transportation owned by The City of Saint John or any person for non - commercial purposes. "Watercourse" means the full width and length, including the bed, banks, sides, and shoreline, or any part of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch, or other natural or artificial channel open to the atmosphere the primary function of which is the conveyance or containment of water whether the flow is continuous or not. "Well" means an artificial opening in the ground from which potable water is obtained, or an opening made for exploring for or obtaining such water, used for cooking or human consumption. "Zoning By -law" means The Zoning By -law of The City of Saint, as adopted and amended by Council from time to time. Interpretation 3 Rules for interpretation of the language used in this By -law are contained in the lettered paragraphs as follows: (a) The captions, article, and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Wherever a word is used in this By -law with its first letter capitalized, the term is being used as it is defined by this By -law. Where any word appears in ordinary case, its ordinary meaning is intended. Part 1: Administration (Working Draft) Im Page 111 (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of The City of Saint John or applicable Provincial or Federal statutes or regulations. (e) Each reference to a by -law of The City of Saint John is deemed a reference to the most current applicable by -law of The City of Saint John. In every case, reference to any by- law shall be deemed to include all applicable amendments and any successor by -law. (f) If any section, subsection, Part, or provision of this By -law is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole or any portion thereof. Purpose and Scope 4 This By -law regulates the Subdividing of land within or partially within the boundaries of the City. Determinations 5(1) The Development Officer and where indicated, the Chief City Engineer, shall administer this By- law. 5(2) The Development Officer shall make all determinations with respect to the provisions of this By- law. 5(3) Notwithstanding subsection (2), the Chief City Engineer shall make determinations with respect to the engineering provisions of this By -law. 5(4) All numerical requirements in this By -law are provided in metric units of measurement. 5(5) A numerical requirement is determined by measuring the closest distance in a straight line made along a horizontal plane and not by following the topography or slope of the land, except as otherwise indicated in this By -law. 5(6) Where the calculation of a numerical requirement results in a fraction: (a) A fraction of less than one -half will not be taken into consideration; and (b) A fraction of one -half or more will be rounded to the next higher full number. Prohibition 6 Unless otherwise provided by the Act, the Subdivision of land within or partially within the City shall be prohibited, except in accordance with the provisions of this By -law in all its Parts. Part 1: Administration (Working Draft) 199 Page 112 Applications 7(1) Nothing in this By -law shall prevent a person from providing to the Development Officer a preliminary plan and any additional information as might be necessary to obtain advice and assistance relating to the Subdivision of land, but the Development Officer shall refrain from acting in the capacity of a Land Surveyor, Professional Engineer, or other such consulting professional. 7(2) A person who seeks to obtain any approval under this By -law shall submit an application to the Development Officer signed by the registered property owner, or authorized agent thereof, in the form prescribed by the Development Officer that is accompanied by a non - refundable fee in accordance with Schedule A. 7(3) In addition to the requirements of subsection (2), a Developer who seeks to Subdivide land within or partially within the City shall submit Tentative Subdivision Plans and Subdivision Plans in accordance with the Act. 7(4) Where an application contains no Tentative Subdivision Plan because of an exemption made by the Development Officer in accordance with the Act, the application fee that would have been required if such plan had not been exempted must be provided to the Development Officer prior to the approval of the Subdivision Plan. 7(5) Digital submissions of Tentative Subdivision Plans and Subdivision Plans are to be in a form prescribed by the Development Officer and Engineering Drawings are to be in a form prescribed by the Chief City Engineer. 7(6) Any application not satisfying all the requirements of this section will be deemed abandoned after 90 days immediately following the date of initial submission and not considered further by the Development Officer. 7(7) With respect to an application mentioned to subsection (6), the Development Officer shall refund 80 percent of the submitted amount to the applicant, but no refund will be provided for an application that has been withdrawn. 7(8) Where an application has been received that seeks approval of a matter that has been denied within the immediately preceding 12 months, it will not be reconsidered unless the Council, the Committee, or the Development Officer, as the case may be, is of the opinion that it is substantially different from the previous application. Engineering Drawings, Inspections, Reports, and Tests 8(1) Where a Subdivision has been granted Tentative Subdivision Approval by the Development Officer and requires work and other facilities mentioned in Part 4 of this By -law, the Developer shall submit Engineering Drawings prior to undertaking the Subdivision. Part 1: Administration (Working Draft) N Page 113 8(2) The Engineering Drawings mentioned in subsection (1) and any reports must be submitted in a form prescribed by the Chief City Engineer to determine whether the proposed work and other facilities within the Subdivision, and the existing services and facilities outside the Subdivision that are necessary for the proposed work and other facilities to properly function, can satisfy the requirements of this By -law. 8(3) Where a Subdivision requires work and other facilities mentioned in Part 4, the Developer shall provide field inspections, reports, and tests in a manner and form prescribed by the Chief City Engineer to verify the work and other facilities have been completed in accordance with the requirements of this By -law. Traffic Impact Assessments 9(1) Where a Subdivision is to be served only by one Street connected to an existing Street outside of the Subdivision, and the Subdivision is capable of involving more than 100 dwelling units in one or more phases, the Development Officer shall not grant Tentative Subdivision Approval unless a report that has been dated and bearing the signature and seal of a Professional Engineer is received that: (a) Assesses the existing Street connection to the Subdivision and determines that such connection is capable of safely handling the expected traffic of the Subdivision; and (b) Assesses the local Street network adjacent to the Subdivision and determines that the Subdivision will not adversely affect the local street network. 9(2) Notwithstanding subsection (1), the Development Officer may grant Tentative Subdivision Approval where: (a) The Developer has agreed to undertake necessary work to the existing Street, as may be recommended in the report mentioned in subsection (1) and in accordance with the General Specifications, so that such Street will be made capable of safely handling the expected traffic mentioned in paragraph (1)(a); and (b) The Developer has agreed to undertake necessary work to the local Street network, as may be recommended in the report mentioned in subsection (1) and in accordance with the General Specifications, so that such local Street network is not adversely affected by the expected traffic volumes mentioned in paragraph (1)(b). Water Supply and Soils Reports 10(1) Where a Subdivision is capable of involving more than ten Lots in one or more phases, and such Lots are to be served by Wells and On -Site Sewage Disposal Systems, the Development Officer shall not grant Tentative Subdivision Approval unless a report that has been dated and bearing the signature and seal of a Professional Engineer is received that: Part 1: Administration (Working Draft) 201 Page 114 (a) Determines that the Subdivision will not have an adverse effect on the sustainability of the local water supply, water quality, and existing water users; and (b) Determines that the suitability of the soils of the land where the Subdivision is to be located is suitable for the installation of On -Site Sewage Disposal Systems. 10(2) Notwithstanding subsection (1), the Development Officer may grant Tentative Subdivision Approval where: (a) The Developer has agreed to undertake necessary work or measures, as may be recommended in the report in subsection (1), so that the Subdivision will not adversely affect the sustainability of the local water supply, water quality, or existing water users with respect to the installation of Wells; and (b) The Developer has agreed to undertake necessary work or measures, as may be recommended in the engineering report, so that the soils of the land where the Subdivision is to be located can be made suitable for the installation of On -Site Sewage Disposal Systems. 10(3) Notwithstanding subsection (2), the Developer is not required to construct Wells or On -Site Sewage Disposal Systems on the proposed Lots, but shall impose restrictive covenants on such Lots to ensure the work or measures mentioned in subsection (2) are undertaken when Main Buildings on the Lots are constructed. Railway Rights -of -Way 11 Where a Subdivision is served by a Street that crosses a railway right -of -way, the Developer shall obtain the approval of the appropriate authorities prior to submitting an application in accordance with this Part. By -law Enforcement 12(1) Pursuant to subsection 92(1) of the Act, the Development Officer, Chief City Engineer, Infrastructure Officer, or any other person authorized by Council has the right to enter at all reasonable times upon any property within or partially within the City for making any inspection that is necessary for the administration of this By -law. 12(2) Pursuant to subsection 93(1) of the Act, if a Development is undertaken in contravention of the Act or this By -law, or terms and conditions imposed on such Development, the Development Officer, Chief City Engineer, Building Inspector, or any other person authorized by Council may order cessation of the Development, alteration of such Development so as to remove the contravention, or the doing of anything required to restore the land, Building, or structure to its condition immediately prior to the undertaking of such Development. Part 1: Administration (Working Draft) Page 115 202 Transition 13(1) By -law Number C.P. 121, Saint John Subdivision By -law, and amendments thereto, is hereby repealed on the 2nd day of May, 2016. 13(2) Notwithstanding the repeal of By -law C.P. 121: (a) Conditions imposed pursuant to the Act on a Subdivision prior to the coming into force of this By -law remain in force for any land associated with such conditions; and (b) Nothing in this By -law operates to prohibit a Subdivision the Development Officer has granted Tentative Subdivision Approval prior to the coming into force of this By -law, but any time limits or conditions established by such approval continue to operate. 13(3) This By -law shall come into force and effect on the 2nd day of May, 2016. Part 1: Administration (Working Draft) 203 Page 116 a Design Standards 2 Land for Public Purposes 3 Streets, Utilities, and Other Facilities 4 Subdivision Agreements 5 Subdivision Plan Approvals 6 204 Schedule A Growsi ? 015 Part 2: Design Standards Streets Standards 14(1) The following shall be considered by the Development Officer with respect to the location of Streets in Subdivisions: (a) The topography, natural features, and constraints of the land where the Subdivision is located; (b) A Street hierarchy designed to accommodate traffic within the Subdivision and provide connections to adjacent land; (c) The capacity of Abutting Streets outside of the Subdivision to accommodate the expected traffic volumes; (d) The control of driveway locations on arterial and collector Streets; (e) A Street layout designed to facilitate Active Transportation infrastructure within a Subdivision and between neighbourhoods; (f) A Street layout designed to facilitate effective transit system operations; and (g) The design of residential Streets that provide a safe, convenient, and livable environment for residents, pedestrians, and motorists. 14(2) Streets between Subdivisions are to be connected, but where adjoining land outside a Subdivision does not have a Street only a Future Street will be required to Abut such adjoining land. 14(3) Notwithstanding subsection (2), no Street connection is required where there is an Exceptional Site Constraint that would result in a Developer incurring unreasonable costs to provide such connection. 14(4) Streets in Subdivisions are to be designed in a grid pattern where supported by the consideration of subsection (1). 14(5) A cul -de -sac Street is permitted where there is an Exceptional Site Constraint that would result in a Developer incurring unreasonable costs to provide a Street other than a cul -de -sac Street. 14(6) A cul -de -sac Street mentioned in subsection (5) cannot exceed a maximum length measured between the existing Street right -of -way and the turnaround as follows: (a) 120 metres where any Lot is served by Municipal Water and Municipal Sanitary Sewer; or Part 2: Design Standards (Working Draft) M Page 117 (b) 480 metres where all Lots are served by Wells and On -site Sewage Disposal Systems. 14(7) Where a Street or proposed Street or the potential for a Street exists beyond the turnaround of a cul -de -sac Street mentioned in subsection (5), a Pedestrian Walkway must be provided between the turnaround and such other Street beyond the turnaround. 14(8) Where Lots serviced by Municipal Water Abut a cul -de -sac Street mentioned in subsection (5), the Municipal Water service must be looped. 14(9) A Street with only one exit, other than a cul -de -sac Street mentioned subsection (5), is permitted where such a Street facilitates the Subdivision being undertaken in phases pursuant to section 40. 14(l 0) A temporary turnaround must be constructed for the Street permitted in subsection (9) within a Future Street. 14(l 1) Pedestrian Walkways must be constructed within Land for Public Purposes or Public Streets to support Active Transportation identified in the Municipal Development Plan, The City of Saint John Parks and Recreation Strategic Plan, or the Trails and Bikeways Strategic Plan. 14(12) New Private Streets are only permitted where: (a) The Subdivision is located on land inside the Primary Development Area and serviced by Municipal Water, Municipal Storm Sewer, and Municipal Sanitary Sewer or Municipal Combined Sewer; (b) The Subdivision involves Cluster Townhouse Dwellings, Dwelling Groups, or Commercial Groups, or any combination thereof; and (c) The Subdivision Developments mentioned in paragraph (b) are established under the Condominium Property Act. 14(13) Accesses, other than a Public Street owned by The City of Saint John, including Private Streets, must be constructed in accordance with Engineering Drawings approved by the Chief City Engineer pursuant to section 22(4) or 22(5), whichever is applicable. 14(14) The Committee is authorized to approve the names of new Streets in Subdivisions. 14(15) Notwithstanding subsection (14), the names of new Streets shall not have spelling and pronunciation similar to existing Streets in the City or a neighbouring community. Part 2: Design Standards (Working Draft) 207 Page 118 Lots Standards 15(1) Lots of a Subdivision must satisfy the Lot Area, Lot Frontage, and Lot Depth requirements of the Zoning By -law. 15(2) Subject to subsection 14(12), every Lot, block, and other parcel of land in a Subdivision must Abut: (a) A Public Street; or (b) Such other Access than a Public Street as may be approved by the Committee as being advisable for the Development of land. 15(3) Every Street block must have a depth and width to accommodate two tiers of Lots unless warranted by an Exceptional Site Constraint that would result in a Developer incurring unreasonable costs to provide such tiers. 15(4) Through Lots are prohibited unless warranted by an Exceptional Site Constraint that would result in a Developer incurring unreasonable costs not to provide such Lots. Part 2: Design Standards (Working Draft) N Page 119 209 a Land for Public Purposes 3 Streets, U,wities, a "u utrierF i-dciii. Subdivision Agreements 5 Subdivision Plan Approvals 6 210 Schedule A Growsi 2 `% 1 Part 3: Land for Public Purposes Land Dedications 16(1) As a condition of approval of a Subdivision Plan, land representing ten percent of the area of the Subdivision, exclusive of the land to be vested as Public Streets, is to be dedicated to The City of Saint John at such location as Assented to by Council pursuant to the Act, as Land for Public Purposes and so indicated on the Subdivision Plan. 16(2) The Municipal Development Plan, The City of Saint John Parks and Recreation Strategic Plan, and the Trails and Bikeways Strategic Plan shall be considered by the Development Officer when determining whether proposed Land for Public Purposes is acceptable, but land zoned Heavy Industrial by the Zoning By -law shall not be considered acceptable to the Development Officer. 16(3) Land for Public Purposes must Abut a Public Street, otherwise an easement that provides unrestricted public access to the Land for Public Purposes shall be provided by the Developer. 16(4) The easement mentioned in subsection (3) must be shown on the Subdivision Plan. 16(5) The easement mentioned in subsection (3) shall be Registered by the Developer at the same time as the Subdivision Plan showing the Land for Public Purposes is Registered. 16(6) Any portion of Land for Public Purposes primarily intended for use by children, including a Playground or tot lot, is to Abut a Public Street and no portion of such area may be separated from the Street by another Lot, block, or parcel of land. 16(7) No Stormwater Management Pond is permitted on Land for Public Purposes where: (a) A hazard to the public could exist due to depth or slopes associated with the pond; or (b) The Stormwater Management Pond would be the primary use of the Land for Public Purposes. Money in -lieu 17(1) Where Land for Public Purposes is not provided, as a condition of approval, Council shall require a sum of money to be paid by the Developer to The City of Saint John representing eight percent of the market value of the land in the Subdivision at the time of submission for approval of the Subdivision, exclusive of the land to be vested as Public Streets. 17(2) The determination of market value of land shall be made by The City of Saint John, but where a Developer does not accept such determination, at the cost of the Developer, an Appraiser acceptable to both the Developer and The City of Saint John shall determine the value. Part 3: Land for Public Purposes (Working Draft) 212 Page 120 17(3) Any payment of money in -lieu involving a cheque must be certified by a Canadian financial institution. Land and Money in -lieu 18(1) Nothing in this Part shall prevent Council from accepting a combination of Land for Public Purposes and money in -lieu. 18(2) A combination of land and money mentioned in subsection (1) cannot be less in value than would have been realized if a Land for Public Purposes dedication and money in -lieu had been exclusively provided for the Subdivision. Phasing 19 Where a Subdivision is undertaken in phases the Development Officer may: (a) Approve a Subdivision Plan that includes the necessary Land for Public Purposes for that phase of the Subdivision; or (b) Approve a Subdivision Plan where the necessary money in -lieu for that phase of the Subdivision is delivered to The City of Saint John; or (c) Approve a Subdivision Plan that includes the necessary Land for Public Purposes and money in -lieu for that phase of the Subdivision. Exceptions 20(1) This Part does not apply where: (a) Land to be Subdivided is for the sole purpose of correcting or rearranging Lot boundaries; (b) Land to be Subdivided is for the sole purpose of being assembled with or added to adjoining land; or (c) Land to be Subdivided is for the sole purpose of being assembled for a future Subdivision mentioned in paragraph 33(b). 20(2) Where, as a condition of approval of a Subdivision Plan, land has been dedicated or money in- lieu has been received in accordance with this Part, no additional land or money is required as a condition of approval for any further Subdividing of the same land. Part 3: Land for Public Purposes (Working Draft) 213 Page 121 Cost - Sharing 21(1) Where the Developer proposes to improve Land for Public Purposes within a Subdivision, Council may authorize such improvements and the expenditure of funds for such improvements pursuant to subsection 43(2) of the Act where: (a) The Developer submits a plan with a detailed cost estimate for the proposed improvements to the Development Officer; (b) The Development Officer approves the plan where the proposed improvements are in accordance with subsection 16(2); and (c) The Developer has entered into an agreement with The City of Saint John, pursuant to Section 101 of the Act, authorizing the work necessary to undertake the proposed improvements, ensuring compliance with the conditions of approval, and providing for the expenditure of funds. 21(2) The Developer or any other person on behalf of the Developer performing work within Land for Public Purposes shall carry a commercial general liability insurance policy, naming The City of Saint John as an additional insured, issued on an occurrence basis, which allows for cross liability, in the amount of at least $2,000,000. Part 3: Land for Public Purposes (Working Draft) 214 Page 122 a Administration 1 Design Standards 2 Land for Public Purposes 3 Streets, Utilities, and Other Facilities 4 Subdivision Agreement Subdivision Plan Approvals 6 216 Schedule A Growsi 217 Part 4: Streets, Utilities, and Other Facilities Required Work, Utilities, and Other Facilities 22(1) For each Subdivision, subject to the requirements of this By -law, the Developer shall provide the following work, Utilities, and other facilities: (a) Streets; (b) Curbing; (c) Sidewalks; (d) Street lighting; (e) Electricity; (f) Municipal Water mains, laterals, and fire hydrants; (g) Municipal Sanitary Sewer mains and laterals; (h) Municipal Storm Sewer mains, laterals, and catchbasins; (i) Stormwater Management Ponds and Private Drainage Facilities; (j) Drainage ditches or swales; (k) Culverts, including driveway culverts; (1) Pedestrian Walkways; (m) Water booster stations, water pumping stations, and sewage lift stations; and (n) Any other work, Utilities, and other facilities necessary for the above - mentioned work, Utilities, and other facilities to properly function in accordance with the requirements of this By -law. 22(2) In addition to the work, Utilities, and other facilities required by subsection (1), the Developer shall provide the following: (a) The work necessary to an existing Street or local Street network mentioned in subsection 9(2); Part 4: Streets, Utilities, and Other Facilities (Working Draft) Page 123 218 (b) The work or measures to address the sustainability of local water supply, water quality, existing water users, and soils for the installation of Wells and On -Site Sewage Disposal Systems mentioned in subsection 10(2); (c) The work required to construct a Street to the same standards as Streets in the Subdivision through an Abutting Future Street mentioned in subsection 14(2); (d) The construction of a temporary turnaround mentioned in subsection 14(10); and (e) The chain -link fencing over Lots Abutting a railway right -of -way mentioned in section 36. 22(3) Where entry to a Subdivision will be provided by an existing Street, by whomever owned, the Developer shall: (a) Make provision to bring the existing Street to the same standard as may be required for Streets within the Subdivision; or (b) Contribute to the cost of work referred to in paragraph (a) to the extent required for Streets within the Subdivision as required by this By -law, provided the amount contributed per lineal metre for such Street does not exceed the cost to such person per lineal metre for Streets within the Subdivision; or (c) Where the Subdivision does not provide for the laying out of Streets, contribute to the average cost per lineal metre for Streets within the City constructed during the preceding twelve months. 22(4) Subject to the requirements of this By -law, the work and other facilities mentioned in subsection (1) shall be provided by the Developer in accordance with the General Specifications. 22(5) Where work and other facilities mentioned in subsection (1) are not regulated by the General Specifications, or alternatives to such work and other facilities are provided by the General Specifications, then such work and other facilities must adhere to sound engineering principles and standard engineering practices, including those provided by the following: (a) Geometric Design Guide for Canadian Roads; (b) Atlantic Canada Wastewater Guidelines Manual for Collection, Treatment, and Disposal; and (c) Atlantic Canada Guidelines for the Supply, Treatment, Storage, Distribution, and Operation of Drinking Water Supply Systems. Part 4: Streets, Utilities, and Other Facilities (Working Draft) 219 Page 124 22(6) Notwithstanding subsection (1), any work, Utilities, and other facilities that is to be provided by The City of Saint John or a Public Utility, whichever is applicable, shall not be provided by the Developer or be required at the time of approval of the Subdivision Plan. 22(7) No work required by this section may occur during the months of December to April unless mild weather conditions permit otherwise. Street Signs and Street Lighting 23(1) Street signs will be installed by The City of Saint John. 23(2) Street lighting must be in accordance with the Municipal Street Lighting Best Management Practice. Stormwater 24(1) Where a Subdivision involves a new Street, or an extension to an existing Street, the land must be developed in accordance with a Storm Drainage Submission. 24(2) A Storm Drainage Submission mentioned in subsection (1) may require the construction of Private Drainage Facilities by the Developer. Utilities 25(1) For each Subdivision Utilities must be placed underground at the front of the Lots to be served. 25(2) Notwithstanding the provisions of subsection (1): (a) Where a Subdivision is located on land zoned Suburban Residential (RSS), Rural Settlement (RS), or Rural Residential (RR) by the Zoning By -law, Utilities may be installed overhead at the front of the Lots to be served; (b) Where a Subdivision is located on land in an industrial park managed by Saint John Industrial Parks Ltd., Utilities may be installed overhead at the rear of the Lots to be served; and (c) Where a Subdivision is located on land Abutting an existing Street or other Access with permanent overhead lines, Utilities may be installed by using such overhead lines at the front of the Lots to be served. 25(3) The installation of Utilities must be in accordance with the regulations of the applicable Public Utility. Part 4: Streets, Utilities, and Other Facilities (Working Draft) 220 Page 125 Easements 26 Municipal Services Easements and Public Utility Easements are to be provided with such width and at such location as may be required by the Chief City Engineer or a Public Utility, as the case may be, for the protection and maintenance of services. Completion of Work, Utilities, and Other Facilities 27(1) The Development Officer shall not approve a Subdivision Plan that involves work, Utilities, and other facilities required in this Part until the following: (a) The Developer has completed all such work, Utilities, and other facilities and has provided the field inspections, reports, and tests mentioned in subsection 8(3) confirming that all such work and other facilities have been completed in accordance with the requirements of this By -law; (b) The Developer has submitted to the Chief City Engineer As -Built Drawings for work and other facilities to be owned or maintained by The City of Saint John, including any Stormwater Management Pond or Private Drainage Facilities; and (c) The Developer has entered into an Agreement with The City of Saint John with respect to the warranty mentioned in section 30. 27(2) Notwithstanding subsection (1), the Development Officer may approve a Subdivision Plan that would create a Lot without the installation of laterals for Municipal Water, Municipal Sanitary Sewer, and Municipal Storm Sewer where such Lot Abuts an existing Street containing mains for Municipal Water, Municipal Storm Sewer, and Municipal Sanitary Sewer or Municipal Combined Sewer provided all such mains do not require any extension or improvement pursuant to the General Specifications to serve said Lot. 27(3) Notwithstanding subsection (1), the Development Officer may approve a Subdivision Plan where the Developer has entered into a Subdivision Agreement with The City of Saint John in accordance with Part 5. Part 4: Streets, Utilities, and Other Facilities (Working Draft) 221 Page 126 a Administration 1 Design Standards 2 Land for Public Purposes 3 Streets, Utilities, and Other Facilities Subdivision Agreements 5 Subdivision Plan Appruvc. 222 Schedule Growsi 223 Part 5: Subdivision Agreements Agreements and Plan Approvals 28(1) The Development Officer may approve a Subdivision involving land that is subject to a Subdivision Agreement where the Developer has: (a) Completed the following work, Utilities, or other facilities, subject to the requirements of this By -law, for such Subdivision: (i) Streets constructed up to a granular subbase; (ii) Electricity; (iii) Municipal Water mains, laterals, and fire hydrants; (iv) Municipal Sanitary Sewer mains and laterals; (v) Municipal Storm Sewer mains, laterals, and catchbasins; (vi) Stormwater Management Ponds and Private Drainage Facilities; (vii) Drainage ditches or swales; (viii) Culverts, but not including driveway culverts; (ix) Water booster stations, pumping stations, and sewage lift stations; and (x) Any other work, Utilities, and other facilities necessary for the above - mentioned work, Utilities, and other facilities to properly function in accordance with the General Specifications. (b) Submitted the necessary field inspections, reports, and tests mentioned in subsection 8(3) confirming that the work and other facilities required in this subsection has been completed in accordance with the requirements of this By -law; (c) Delivered to The City of Saint John: (i) A sum equal to the Chief City Engineer's estimate of the cost for completing the remaining work to satisfy Part 4; or (ii) Security in a form acceptable to the City Solicitor in an amount equal to the Chief City Engineer's estimate of the cost for completing the remaining work and other facilities required by Part 4; Part 5: Subdivision Agreements (Working Draft) 224 Page 127 (d) Submitted to the Chief City Engineer As -Built Drawings for work and other facilities required in this subsection to be owned or maintained by The City of Saint John, including any Stormwater Management Pond or Private Drainage Facilities; and (e) The Chief City Engineer has provided written confirmation to the Development Officer that all the necessary work and other facilities required by this subsection has been satisfactorily completed. 28(2) The Subdivision Agreement mentioned in subsection (1) must provide for the completion of all the remaining work and other facilities required by Part 4 within twenty -four (24) months following the date of the execution of the Subdivision Agreement. 28(3) The Subdivision Agreement mentioned in subsection (1) must include a copy of the Subdivision Plan and approved Engineering Drawings. 28(4) The Subdivision Agreement mentioned in subsection (1) must be binding upon the Developer's heirs, successors, and assigns. 28(5) The Developer or any other person on behalf of the Developer performing work within a Public Street right -of -way shall carry a commercial general liability insurance policy, naming The City of Saint John as an additional insured, issued on an occurrence basis, which allows for cross liability, in the amount of at least $2,000,000. 28(6) Where a Subdivision Agreement pursuant to this section has been executed, the Developer shall not seek the approval of a subsequent phase of the Subdivision where there is a defect, default, or deficiency concerning the current phase. As -Built Drawings 29 The Developer shall submit to the Chief City Engineer As -Built Drawings for all the work and other facilities to be owned by The City of Saint John that was not included in subsection 28(1) prior to any release of any sum or Security held pursuant to paragraph 28(1)(c). Warranty 30 The Developer shall guarantee for a period of 365 days following written notice by the Chief City Engineer that all the work and other facilities have been satisfactory completed by the Developer in accordance with the requirements of this By -law, and the Developer shall at its own expense promptly execute all work, repairs, alterations, reconstruction, or replacement required to remedy any defect, default, or deficiency which the Chief City Engineer identifies in the work within the 365 -day period. Part 5: Subdivision Agreements (Working Draft) Page 128 225 a Administration 1 Design Standards 2 Land for Public Purposes 3 Streets, Utilities, and Other Facilities 4 Subdivision Agreements 5 Subdivision Plan Approvals 6 226 Growsi 227 Part 6: Subdivision Plan Approvals 31 The Development Officer shall not approve a Subdivision Plan that does not conform to the Municipal Development Plan, the Zoning By -law, and this By -law. Municipal Development Plan 32(1) The Development Officer may approve a Subdivision Plan that would create a new Public Street on land located outside the Primary Development Area where such land is designated Rural Settlement by the Municipal Development Plan. 32(2) Notwithstanding subsection (1), the Development Officer may also approve a Subdivision Plan that would create a new Public Street on land located outside the Primary Development Area where: (a) The Subdivision was approved by Council on or before January 30, 2012 and the land is designated Rural Residential by the Municipal Development Plan; or (b) The Public Street is deemed necessary by the Committee to provide safe Access to the Subdivision or to improve connectivity between Subdivisions. 32(3) The Development Officer may approve a Subdivision Plan that would create a maximum of two new Lots along an existing Public Street from a parcel of land designated Rural Residential by the Municipal Development Plan and that existed on or before January 30, 2012. Zoning and Subdivision By -laws 33 Notwithstanding section 31 with respect to the Zoning By -law and this By -law, the Development Officer may: (a) Approve a Subdivision Plan that would create a Lot, block, or other parcel of land having any dimension and not served by Municipal Water, Municipal Sanitary Sewer, Municipal Storm Sewer, Municipal Combined Sewer, Well, On -Site Sewage Disposal System, Utility, Street, or other Access approved by the Committee, where Development of such Lot, block, or other parcel of land is restricted to one or more of the following: (i) Lane, road, Street, Highway, or railroad; (ii) Billboard Sign or Neighbourhood Identification Sign; (iii) Community Garden; (iv) Land for Public Purposes or Walking Trail; Part 6: Subdivision Plan Approvals (Working Draft) 228 Page 129 (v) Municipal Recreational Use or Park or Playground; (vi) Public Display, monument, or statue; (vii) Minor Utility Service Building or Structure; (viii) Pipeline; (ix) Stormwater Management Pond; or (x) Telecommunication Tower. (b) Approve a Subdivision Plan that would consolidate Lots, blocks, or other parcels of land for the sole purpose of assembling such land in order to carry out a future Subdivision where the future Subdivision has been granted Tentative Subdivision Approval by the Development Officer and such approval has not expired. Zoning By -law 34 Notwithstanding section 31 with respect to the Zoning By -law, the Development Officer may: (a) Approve a Subdivision Plan that would increase an undersized Lot by consolidating land from one or more adjoining Lots, provided all such adjoining Lots can still satisfy the minimum zone standards; (b) Approve a Subdivision Plan that would relocate a Lot Line to reasonably remove an encroachment involving a Building, structure, driveway, Well, septic tank, or other such appurtenance; and (c) Approve a Subdivision Plan that would reduce the Street frontage of a Lot below the minimum zone standard where the remaining Lot Frontage is still sufficient to accommodate the construction of a Public Street in the future pursuant to the General Specifications. Part -Lots 35(1) The Development Officer may approve a Subdivision Plan that involves a Semi - Detached Dwelling, Townhouse Dwelling, or Cluster Townhouse Dwelling proposed to be Subdivided into Part -Lots at the Common Wall where: (a) The Common Wall complies with the requirements of the Saint John Building By -law; and Part 6: Subdivision Plan Approvals (Working Draft) 229 Page 130 (b) The Building is served by a Municipal Storm Sewer and each dwelling unit is independently served by a Municipal Water lateral and a Municipal Sanitary Sewer lateral both of which are connected directly to a Municipal Water main and a Municipal Sanitary Sewer main or a Municipal Combined Sewer main within the Abutting Public Street or within a Municipal Services Easement. 35(2) The Development Officer may approve a Subdivision Plan that would create Part -Lots for a Semi - Detached Dwelling, Townhouse Dwelling, or Cluster Townhouse Dwelling to be constructed in the future where: (a) The Semi - Detached Dwelling, Townhouse Dwelling, or Cluster Townhouse Dwelling, whichever is applicable, is permitted by the Zoning By -law; and (b) The Tentative Subdivision Plan illustrates the footprint and Common Wall of the future Building and dwelling units all which comply with the requirements of the Zoning By -law and this By -law. Railway Rights -of -Way 36 The Development Officer may approve a Subdivision involving Lots that Abut a railway right -of- way where: (a) The Developer has either installed or entered into an agreement with The City of Saint John to install a chain -link fence along the entire width of all the yards Abutting the said right -of -way; (b) The Developer has either installed or entered into an agreement with the City of Saint John to install the chain -link fence mentioned in paragraph (a) to a minimum height of two metres and completely covered by filler strips woven into its mesh; and (c) The Developer has provided written confirmation that restrictive covenants will be imposed on the Abutting Lots prohibiting the removal of any portion of the chain -link fence mentioned in this section. Plan Notations 37(1) The Development Officer shall not approve a Subdivision Plan involving Lots served by Wells and On -Site Sewage Disposal Systems where such plan does not prominently display the following notations: (a) That Lots must be developed and maintained in accordance with the requirements of the Clean Water Act and the Public Health Act of the Province of New Brunswick; and Part 6: Subdivision Plan Approvals (Working Draft) 230 Page 131 (b) That the approval by the Development Officer does not constitute and shall not be construed as warranty or representation that any Lot shown on such plan is suitable or can economically be made suitable for any manner of Well or On -Site Sewage Disposal System acceptable to the Province of New Brunswick. 37(2) The Development Officer shall not approve a Subdivision Plan involving a Private Street where such plan does not prominently display the location of the Private Street and a notation indicating that the Street is not owned or maintained by The City of Saint John. 37(3) The Development Officer shall not approve a Subdivision Plan involving a Private Drainage Facility where such plan does not prominently display the location of the Private Drainage Facility and a notation indicating that the facility is not owned or maintained by The City of Saint John. 37(4) The Development Officer shall not approve a Subdivision Plan that does not prominently display a notation with respect to the following: (a) Pursuant to subsection 10(2), the nature of the required work or measures; (b) Pursuant to subsection 24(1), that the land where the Subdivision is located must be developed with an approved Storm Drainage Submission regulating the grading of the Lots; (c) Pursuant to subsection 27(2), that laterals for Municipal Water, Municipal Sanitary Sewer, and Municipal Storm Sewer are to be installed by the Lot owner when Development occurs; (d) Pursuant to paragraph 33(a), the restriction mentioned in said paragraph; (e) Pursuant to paragraph 33(b), the purpose of the approval by the Development Officer; (f) Pursuant to paragraph 34(c), that Development is prohibited from occurring on the Lot in a manner that would prevent or interfere with the ability to construct a Public Street in the future; (g) Pursuant to subsection 35(1), that each dwelling unit must continue to be part of the Building and any rebuilding of a dwelling unit must occupy the original footprint and be to the Common Wall of the other dwelling unit; (h) Pursuant to subsection 35(2), that each dwelling unit must continue to be part of the future Building, and any rebuilding of a future dwelling unit must occupy the proposed footprint and be to the Common Wall of the other dwelling unit; or (i) Pursuant to Section 36, that a chain -link fence must be maintained on the Lots of an Abutting the railway right -of -way. Part 6: Subdivision Plan Approvals (Working Draft) 231 Page 132 Prohibitions of Approval 38(1) The Development Officer shall not approve a Subdivision Plan if in the opinion of the Development Officer and in the opinion of the Committee: (a) The land is not suited to the purpose for which it is intended, or may not reasonably be expected to be used for that purpose within a reasonable length of time after the Subdivision Plan is approved; or (b) The proposed manner of Subdividing may prejudice the possibility of further subdividing the land or the convenient Subdividing of adjoining land. 38(2) The Development Officer may not approve a Subdivision Plan where The City of Saint John will not be able in the foreseeable future to adequately provide for the Subdivision Streets, sidewalks, Municipal Water, Municipal Sanitary Sewer, Municipal Storm Sewer, Street lighting, drainage ditches or swales, or other such facilities required by this By -law. Phasing 39 The laying out of Streets, Lots, blocks, Land for Public Purposes, and other parcels of land in a Subdivision may be undertaken in one or more phases in accordance with a plan Assented to by Council. Part 6: Subdivision Plan Approvals (Working Draft) 232 Page 133 233 r. Yar �lliii i- +nfL r� r v The City of Saint John IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By -law the xxx day of x, A.D. 2016 and signed by: First Reading: x, 2016 Second Reading: x, 2016 Third Reading: x, 2016 Mayor Common Clerk 234 2 3`.� a Administration 1 Design Standards 2 Land for Public Purposes 3 Streets, Utilities, and Other Facilities 4 Subdivision Agreemer#e- I- Subdivision Plan Approval- 236 Schedule A Growsi 237 Schedule A: Fees The following non - refundable fees shall be required in the administration of the Subdivision By -law: Type of Application or Service (a) Instrument Approval or Exemption (b) Land for Public Purposes Release (c) Type 1 Subdivision (d) Type 2 Subdivision (e) Tentative Approval Revalidation Letter (f) Tier 1 Variance (g) Tier 2 Variance (h) Variance (Committee) Schedule A: Fees NW Required Application Fee $50.00 $300.00 $250.00 plus $50.00 per new Lot $500.00 plus $100.00 per new Lot $100.00 plus $50.00 per additional processing hour or portion thereof $100.00 plus $20.00 per additional Variance $200.00 plus $40.00 per additional Variance $300.00 plus $60.00 per additional Variance Page 134 its �' ,d ; °, I Growth & Communit Development Services Community Plan n i n4%evelopm ent - 2016 A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John Disclaimer This document is a working draft prepared by Growth & Community Development Services. The provisions of this document are intended for discussion purposes, and are not legally binding on The City of Saint John or any person. This document has not been thoroughly reviewed and is subject to change. k ti a. ..MM Rid 1i Growth & Communitx,,Development Services Permitting & Insp an Services § 2016 Contents Recitals........................................................................................................ ............................... 1 Title............................................................................................................... ............................... 1 Definitions.................................................................................................... ............................... 2 Interpretation............................................................................................... ............................... 6 Purpose........................................................................................................ ............................... 7 Scope........................................................................................................... ............................... 7 Adoptionof Codes ....................................................................................... ............................... 8 Prohibition................................................................................................... ............................... 8 WorkNot Requiring Permits ....................................................................... ............................... 8 Building Permit Applications ...................................................................... ............................... 9 BuildingPermit Approval .......................................................................... ............................... 11 PhasedBuilding Permit ............................................................................. ............................... 13 Permit Revocation, Abandonment and Cancellation ............................... ............................... 14 Fees............................................................................................................ ............................... 15 RefundableDeposit ................................................................................... ............................... 15 InspectionScheduling ............................................................................... ............................... 16 Building Permit Conditions ....................................................................... ............................... 16 InspectableItems ...................................................................................... ............................... 18 InspectionApproval .................................................................................. ............................... 18 OccupanyInspection ................................................................................. ............................... 18 Occupancy Permit Approval ..................................................................... ............................... 18 Occupany Permit Revocation ................................................................... ............................... 20 RelocationApplication .............................................................................. ............................... 20 DemolitionApplication .............................................................................. ............................... 20 DemolitionApproval .................................................................................. ............................... 21 DemolitionPermit Conditions ................................................................... ............................... 23 PublicProperty Damage ........................................................................... ............................... 24 General....................................................................................................... ............................... 24 Orders........................................................................................................ ............................... 25 Rightto Enter ............................................................................................. ............................... 25 Transitoryand Repeal ............................................................................... ............................... 26 242 SCHEDULEA ................................................................................................. ............................... 27 SCHEDULEB ................................................................................................. ............................... 29 SCHEDULEC ................................................................................................. ............................... 32 SCHEDULED ................................................................................................. ............................... 34 SCHEDULEE ................................................................................................. ............................... 35 SCHEDULEF ................................................................................................. ............................... 36 243 Recitals 1 WHEREAS The City of Saint John deems it advisable to pass this by -law because it will establish standards of construction of buildings and structures within the City; 2 AND WHEREAS The Community Planning Act authorizes municipalities to pass by -laws to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or any combination thereof, of a building or structure pursuant to Section 59 of the Act; 3 AND WHEREAS Pursuant to paragraph 92 of the Community Planning Act, a development officer or a person authorized by Council has the right to enter at all reasonable times upon any property within the City for the purpose of making any inspection that is necessary for the administration of a by -law under the Act; 4 AND WHEREAS Pursuant to paragraph 93 of the Community Planning Act, if a development is undertaken in contravention of a by -law under the Act or terms and conditions imposed on the development, a development officer, building inspector or other person duly authorized by Council, may order (a) cessation of the development (b) alteration of such development so as to remove the contravention, or (c) The doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development. 5 AND WHEREAS pursuant to paragraph 95 a person who violates any provision of a by -law passed under the Community Planning Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence; 6 AND WHEREAS the Metric Conversion Act deems that any reference to the National Building Code of Canada contained in a municipal building by -law under the Community Planning Act is deemed to be a reference to such issue of the National Building code of Canada as the Lieutenant - Governor in Council may, by Order -in- Council, designate. 7 AND WHEREAS Notice of this By -law and of the Common Council meeting at which this By -law was discussed were provided in accordance with the provisions of the Municipalities Act, NOW THEREFORE, the Common Council of The City of Saint John, under authority vested in it by Section 59 of the Community Planning Act, enacts as follows: A By -law respecting the Construction, Repair and Demolition of Buildings and Page 11 Structures in The City of Saint John (Working Draft) 244 Title 1(1)This By -law may be cited as the "Saint John Building By- Law ". Definitions 2(1) Whenever a word is used in this By -law with its first letter capitalized, the term is being used as it is defined in this Section. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. 2(3) Where a word is defined, other parts of speech and grammatical forms of the same word shall have corresponding meaning. 2(4) Unless otherwise defined herein, definitions in the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments thereto, also apply to this by -law. 2(5) In this by -law: "Approved Grading Plan" means a grading plan or Lot grading plan that has been associated to a Lot as an approved grading plan pursuant to the Drainage by -law. "Accessory Building" means a building that is incidental, subordinate, and exclusively devoted to the main use, building, or structure located on the same Lot. "Acting Building Inspector" means the person appointed by Council as the Acting Building Inspector. "Adverse Effect" means impairment of or damage to, or the ability to cause impairment of or damage to: (a) a system of facilities for receiving, conveying, and controlling Stormwater, including, ditches, culverts, swales, subsurface interceptor drains, Streets, curb and gutters, catchbasins, manholes, pipes, outfalls and detention and retention ponds; (b) the existing municipal combined sewer system or the storm sewer system; (c) human health or safety; (d) property; (e) the environment; or (f) the stability of a slope or top of a bank; and includes A By -law respecting the Construction, Repair and Demolition of Buildings and Page 12 Structures in The City of Saint John (Working Draft) 245 (g) erosion and flooding. "Business Day" means Monday through Friday except: (a) Good Friday, Easter Monday, Labour Day, Victoria Day, New Brunswick Day, and Thanksgiving Day; (b) New Year's Day, Canada Day, Remembrance Day, Christmas Day, Boxing Day, except if that day falls on a Saturday or Sunday in which case the following weekday; and (c) days that are holidays for municipal employees under the City's collective agreements "Building Inspector" means the person appointed by Council as Building Inspector or any person appointed by Council to act in the Building Inspector's place. "Building Occupancy" means the occupancy classifications of a building or structure, or part thereof, as defined in the Code. "Building Permit" means a permit pursuant to this By -law which pertains to Work. "City" means The City of Saint John. "City Inspector" means the Building Inspector, the Deputy Building Inspector, and persons employed in the City's Growth and Community Development Services Department, or its successor or equivalent, as an assistant building inspector, a plans examiner, a technical services inspector, a technical services engineer, a by -law enforcement officer, a plumbing inspector or Infrastructure Development Official. "Code" means the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments hereto, with the exception of Part 5 and Part 8 of Division B, Volume 2, as varied by the Barrier -Free Design Building Code Regulatior 2011 -61 under the Community Planning Act, including any amendments thereto. "Council" means the Common Council of The City of Saint John. "Conditional Occupancy Permit" means a permit pursuant to this By -law which pertains to occupancy of a building for a period of time. "Demolition Permit" means a permit pursuant to this By -law which pertains to demolition. "Deputy Building Inspector" means the person appointed by Council as Deputy Building Inspector or any person appointed by Council to act in the Deputy Building Inspector's place. "Drainage by -law" means The City of Saint John by -law number '#' entitled "A By -law Respecting Drainage in The City of Saint John ". "Electrical Waiver" means a document entitled "Electrical Waiver" issued under this By -law A By -law respecting the Construction, Repair and Demolition of Buildings and Page 13 Structures in The City of Saint John (Working Draft) 246 "Estimate" means the total monetary worth of all construction and demolition involved in the proposed Work or demolition including: (a) all wall finishes; (b) miscellaneous structures; (c) roofing; (d) electrical; (e) plumbing; (f) permanent or fixed Mechanical Equipment; (g) elevator equipment; (h) fire sprinkler equipment; (i) any permanent equipment; and Q) all labour, valued at that of a third party; (k) materials and other devices; (1) site preparation and alteration; incorporated into and necessary to the execution of the Work and demolition in its completed form. "Excavation of Streets by -law" means The City of Saint John by -law number M -18, entitled "A By -law Respecting Excavation of Streets in The City of Saint John ". "Flood Risk Areas by -law" means The City of Saint John by -law number CP -11 entitled "The Flood Risk Area By -Law of the City of Saint John ". "General Specifications" means the May 2015 document entitled "General Specifications" of the City of Saint John. "Heritage Conservation Areas by -law" means the City of Saint John by -law number HC -1 entitled "Saint John Heritage Conservation Areas By -Law" as amended. "Infrastructure Development Official" means persons employed with the City's Growth and Community Development Services Department, its successor or equivalent, as: (a) Infrastructure Development Manager; (b) Municipal Engineer — Infrastructure Development; (c) Municipal Engineering Technologist — Infrastructure Development. "Lot" means a parcel of land, or two or more adjoining parcels of land held by the same owner and used or intended to be used as the site for a Main Building or structure along with any associated Accessory Building or structure, amenity space, driveway, landscaping, or parking area whether or not such lot is shown on a filed subdivision plan, or is the subject matter of a separate deed, or separate description in a deed. "Main Building" means the building or buildings intended to accommodate the main use or uses permitted by the City of Saint John Zoning By -law on a Lot. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 14 Structures in The City of Saint John (Working Draft) 247 "Mechanical Equipment" includes (a) Condensors; (b) Heating, ventilation and air conditioning equipment; and (c) Generators. "Municipal Development Plan" means the 2011 document entitled "City of Saint John Municipal Plan ". "Minor and Medium Residential" means a 1 unit dwelling, 2 unit dwelling, semi - detached dwelling and townhouse dwelling; "Occupancy, Change Of" means a change of occupancy classification for a building or structure, or part thereof, as defined in the Code. "Occupancy Permit" means a permit under this By -law which pertains to occupancy of a building or structure but is not a Conditional Occupancy Permit. "Part" means a Part in the Code. "Phased Building Permit" means a permit under this By -law which pertains to Work for a portion of a building or structure. "Professional Engineer" means a member in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick and registered or licenced to practice engineering in the Province of New Brunswick. "Plumbing by -law" means The City of Saint John by -law numbered PI -1 entitled " A By -law respecting Plumbing in the City of Saint John ". "Qualified Professional" means a person who is: (a) a Professional Engineer; or (b) a member in good standing with the Architects' Association of New Brunswick and have a Certificate of Practice or licence from such association to practice architecture in the Province of New Brunswick. "Refundable Deposit" means a sum of money of such amount as required by this By -law to be held by the Building Inspector. "Rough Grading Plan" means a plan indicating the following information about a Lot: A By -law respecting the Construction, Repair and Demolition of Buildings and Page 15 Structures in The City of Saint John (Working Draft) MR (a) elevations at the corners of the Lot; (b) top of foundation wall elevation; (c) basement floor elevation; and (d) location and grade of all Surface Drainage Features "Surface Drainage Feature" means any feature or features intended to control the drainage of Stormwater including swales, the sloping and contouring of land that facilitates the drainage or control of Stormwater, structures, or concrete or asphalt gutters. " Stormwater" means surface run -off water and precipitation, including snowmelt and ice melt. "Water and Sewerage by -law" means the City of Saint John's by -law number M -16 entitled "A By -law Respecting Water and Sewerage" as amended. "Work" means the building, altering, structurally altering, locating or relocating, repairing or replacing, or any combination thereof, of a building or structure. "Zoning by -law" means the City of Saint John by -law number C.P. 111 entitled "The Zoning By- law of The City of Saint John" as amended. Interpretation 3 Rules for interpretation of the language used in this By -law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation; (b) This By -law is to be read with all changes of gender or number required by the context; (c) In this By -law unless expressly indicated otherwise, words have their ordinary meaning except as otherwise defined by this By -law; (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations; (e) Each reference to a by -law or of the City of Saint John shall be deemed a reference to the most current applicable by -law of the City of Saint John. In every case reference to any by -law shall be deemed to include all applicable amendments and any successor by -law; (f) If any section, subsection, part or parts or provision of this By -law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 16 Structures in The City of Saint John (Working Draft) 249 Purpose 4(1) The purpose of this By -law is: (a) to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or any combination thereof, of a building or structure; (b) to prohibit the undertaking or continuing of such work in violation of standards prescribed by this By -law; and (c) to prescribe a system of permits for such work, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees to be paid. Scope 5(1) This By -law applies to the design, locating, construction and occupancy of new buildings and structures, and the alteration, repair or replacement, structurally altering, demolition, relocation and occupancy of existing buildings and structures, or any portion of existing buildings and structures, or any combination thereof, except as otherwise provided herein. 5(2) Without limiting the generality of subsection (1), where a building or structure or any part thereof is altered or repaired, this By -law applies to the parts of the building or structure that are to be altered or repaired, and to any other part of the building or structure that are affected by the alterations or repairs. 5(3) Without limiting the generality of subsection (2), this By -law applies to any building or structure or any part thereof that has been affected in any manner in whole or in part by a Change of Occupancy. Adoption of Codes 6(1) The latest edition of the National Building Code of Canada as adopted by the Province of New Brunswick, including any amendments thereto, with the exception of Part 5 and Part 8 of Division B, Volume 2, is hereby adopted in relation to all buildings and structures for which standards are therein prescribed. 6(2) The Barrier -Free Design Building Code Regulation 2011 -61 under the Community Planning Act, including any amendments thereto, is hereby adopted. Prohibition 7(1) A person shall not undertake or continue any Work unless: A By -law respecting the Construction, Repair and Demolition of Buildings and Page 17 Structures in The City of Saint John (Working Draft) 250 (a) the Work conforms with the Code; (b) the Work conforms with this By -law; and (c) a valid Building Permit or Phased Building Permit for such Work has been issued pursuant to this By -law. 7(2) No person shall demolish or cause the demolition of a building or structure within the City without a Demolition Permit issued pursuant to this By -law. 7(3) No person shall undertake or continue any Work or demolition contrary to any of the terms and conditions that are stated in this By -law or are stated in a Building Permit, Pahsed Demolition Permit or Demolition Permit that has been issued with respect to such Work or demolition. 7(4) No person having authority with respect to Work or demolition of any building or structure shall cause or permit any condition unsafe to the public to exist with respect to such Work or demolition. Work Not Requiring Permits 8(1) Notwithstanding Section 7(1) a person shall be exempted from requiring a permit for the Work or demolition listed in Schedule "A ". 8(2) Nothing in Schedule "A" exempts moving or changing partitions, repairs or alterations or structural alterations to fire separations or structural components in a building or structure from requiring a permit. 8(3) An Electrical Waiver may be issued in place of a Building Permit when the work is solely of an electrical nature, and: (a) is not part of a fire alarm or life safety system; (b) does not impact any structural aspect of the building; (c) does not impact (i) the exterior wall assembly; (ii) the building envelope; (iii) any fire walls; (iv) any fire separations; (v) any fire rated materials; and (vi) any fire rated assemblies. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 18 Structures in The City of Saint John (Working Draft) 251 (d) there is no Change of Occupancy; 8(4) For the purposes of subsection 8(3) electrical work includes mast repairs on residential units, service upgrades from fuse panels to breaker panels, service panel upgrades to a maximum of 400 amp service. 8(5) A person shall apply to the Building Inspector for the issuance of an Electrical Waive in the form prescribed by the Building Inspector. 8(6) The Building Inspector shall accept an application for an Electrical Waiver and issue an Electrical Waiver when: (a) the information submitted appears to be adequate to determine compliance with the provisions of this By -law; (b) the full application fee has been received by the Building Inspector; and (c) the proposed Work meets the Zoning By -law and the Municipal Development Plan. Building Permit Applications 9(1) A person shall apply to the Building Inspector for the issuance of a Building Permit in the form prescribed by the Building Inspector. 9(2) A Building Permit holder, a registered property owner, or a person with a registered lessee in the property, may apply to the Building Inspector to modify a valid Building Permit in the form prescribed by the Building Inspector. 9(3) An applicant for a Building Permit, a registered property owner, or a person with a registered lessee in the property, may apply to the Building Inspector to modify an application for Building Permit in the form prescribed by the Building Inspector. 9(4) Every application for a Building Permit or modification of a Building Permit must: (a) identify and describe in detail all proposed Work and Building Occupancy; (b) state the location of the Lot upon which the proposed Work is to be performed including: i. Civic number; ii. Street name; and iii. Property identification number. (c) include complete, dimensioned and legible sets of all plans and specifications of the Lot and building or structure with respect to the proposed Work including, where applicable: A By -law respecting the Construction, Repair and Demolition of Buildings and Page 19 Structures in The City of Saint John (Working Draft) 252 i. the Building Occupancy of all parts of the proposed building or structure and any other building or structure on the Lot; ii. a site plan indicating: a. the location of all existing and proposed buildings on the property and their distance from each other and property lines; b. the location and dimensions of driveways or other access locations; c. the location and dimensions of driveway culverts; d. direction of Stormwater flow and location and grade of Surface Drainage Features. iii. a site servicing plan including water, sanitary and storm services; iv. all building cross sections; v. all building elevations; vi. all building floor layouts. (d) for proposed Work to which Part 3 of the Code applies, include the plans referred to in 9(4)(c) bearing the stamped, signed and dated by a Qualified Professional except when: (i) the Estimate is less than $25,000; and (ii) the proposed Work does not relate to structural modifications, exiting, fire separation or life safety; (e) for proposed Work to which Part 4 of the Code applies, including roof trusses, floor trusses, lintels and beams, and any other structural components, the plans stamped, signed and dated by a Professional Engineer; (f) include all details relating to Division B Section 9.36 of the Code for the proposed Work, where applicable; (g) when the Lot on which the proposed Work is to take place has an Approved Grading Plan, include a proposed Rough Grading Plan; (h) state the Estimate of the proposed Work; (i) state the names, postal addresses, telephone numbers and email addresses of the applicant, registered property owner, architect, engineer or other designer and contractor; Q) when the Building Inspector or the applicant is aware of indicators that soils of the Lot may be unsuitable for the proposed Work, a soils report stamped, signed and dated by a Professional A By -law respecting the Construction, Repair and Demolition of Buildings and Page 110 Structures in The City of Saint John (Working Draft) 253 Engineer, indicating that the soil conditions of the Lot are suitable for the proposed Work or what additional measures need to be taken to make the soil conditions suitable for the proposed Work. 9(5) The Building Inspector shall accept an application for a Building Permit when: (a) the information submitted appears to be adequate to determine compliance with the provisions of this By -law; (b) the information submitted is correct; (c) the proposed Work appears to authorize Work or Building Occupancy that meets the Code; (d) the full application fee has been received by the Building Inspector; (e) the full Refundable Deposit has been received by the Building Inspector; and (f) the proposed Work appears to meet the standards of the Zoning by -law, or the appropriate application has been submitted to the City to bring the Work within compliance with said by -laws. 9(6) The Building Inspector may answer such relevant questions as may be reasonable with respect to the provisions of this By -law when requested to do so but, except for standard design aids, shall refrain from assisting in the laying out of any Work and from acting in the capacity of an engineering or architectural consultant. 9(7) When the proposed Work is not to the standards of this By -law the Building Inspector may request revised submissions from the applicant to further describe the proposed Work or to bring the proposed Work within the standards of this By -law. Building Permit Approval 10(1) A person so authorized by Council shall issue a Building Permit or modified Building Permit to the applicant under section 9(1), 9(2) and 9(3) when: (a) the Building Inspector has received a complete application for Building Permit; (b) the Building Inspector has received all additional application fees pursuant to 13(2); (c) the Building Inspector has received the complete Refundable Deposit; (d) the proposed Work meets the standards of this By -law; (e) the proposed Work that meets the Zoning By -law and the Municipal Development Plan; (f) the proposed Work does not conflict with any municipal services easements or public utility easements; A By -law respecting the Construction, Repair and Demolition of Buildings and Page 111 Structures in The City of Saint John (Working Draft) 254 (g) the site servicing plan is satisfactory for the proposed Building Occupancy; (h) if the proposed Work will be on a Lot that contains a main building that is a one -unit dwelling, two -unit dwelling, or a semi - detached dwelling, the proposed Work includes grading land away from the proposed building or structure and will not cause an Adverse Effect; (i) if the Lot on which the proposed Work is to take place has an Approved Grading Plan, the proposed Work is in accordance with the Approved Grading Plan; 0) if a soil report was provided to the Building Inspector, that the soil report indicates that the soil is suitable, or the Work includes measures to make the soil suitable pursuant to the recommendations of the soil report; (k) if a water meter is required by the Water and Sewerage By -law, the proposed Work includes installation of a water meter; and 10(2) The Building Inspector may deny an application for a Building Permit when the proposed Work does not meet the requirements described in 10(1). 10(3) The Building Inspector shall provide to the applicant or registered property owner, when requested to do so, reasons for denying an application for Building Permit. 10(4) A Building Permit is valid for a period of two years from the date of its issuance. 10(5) The Building Inspector shall renew a Building Permit for a period of up to 1 year from the original date of expiry upon request of the Building Permit holder in the manner prescribed by the Building Inspector when: (a) the conditions of the Building Permit are being met; and (b) no Conditional Occupancy Permit has been issued in regards to the Work described in the Building Permit; 10(6) A Building Permit may be renewed no more than once. 10(7) The Building Inspector shall notify, in writing, the Building Permit holder that the Building Permit has been renewed. 10(8) Notwithstanding any other section of this By -law, when a Building Permit expires during the term that a Conditional Occupancy Permit for the same Work is valid, the Building Permit for such Work shall be deemed valid. 10(9) A Building Permit that has expired shall be deemed revoked. 10(10) When the Building Permit is issued the Building Inspector shall notify, in writing, the Building Permit holder which inspections listed in Schedule "B" are applicable. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 112 Structures in The City of Saint John (Working Draft) 255 Phased Building Permit 11(1) Notwithstanding 9(4)(c) the Building Inspector may issue a Phased Building Permit to construct: (a) the foundation of a building or structure; (b) the structural steel component of a building or structure where a foundation is already being or has been constructed under a Phased Building Permit; (c) the foundation and structural steel component of a building or structure; and (d) all remaining work to complete a building or structure where construction of a building or structure is already being undertaken under a Phased Building Permit; after the Building Permit application has been accepted and before the Building Inspector has issued a Building Permit. 11 (2) An applicant for a Building Permit may request to the Building Inspector for a Phased Building permit. 11 (3) All applications for a Phased Building Permit shall be in writing and in the form prescribed by the Building Inspector. 11(4) All conditions of a Building Permit listed in section 16 shall be conditions of a Phased Building Permit. 11 (5) In addition to all conditions of a Building Permit listed in section 16, the holder of a Phased Building Permit shall complete all phases of Work proposed in the Building Permit application. 11 (6) A Phased Building Permit is valid for two years from the date of issuance of the first Phased Building Permit. 11(7) The Building Inspector shall renew a Phased Building Permit which pertains to all remaining work for a period of up to 1 year from the original date of expiry upon request of the Phased Building Permit holder when: (a) the conditions of the Phased Building Permit are being met; and (b) no Conditional Occupancy Permit has been issued in regards to the building or structure described in the Phased Building Permit; 11 (8) The Building Inspector shall approve or deny a Phased Building Permit in the same manner as a Building Permit under sections 10(1) to 10(3), as appropriate. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 113 Structures in The City of Saint John (Working Draft) 256 Permit Revocation and Cancellation 12(1) The Building Inspector shall refuse an application for a Building Permit if the applicant has not within six months of the Building Inspector receiving the application become entitled to have the Building Permit issued. 12(2) A permit shall be revoked when: (a) there is a contravention of any condition set out on the permit or set out in this By -law that has not been remedied within 90 days of the permit holder being notified of such contravention; (b) where the permit was issued in error; or (c) the permit was issued based on incorrect information. 12(4) The applicant may request that the Building Inspector cancel an application at any time before issuance by providing notice, in the manner prescribed by the Building Inspector, to the Building Inspector. 12(5) The Building Inspector shall cancel an application for Building Permit if requested to do so by the applicant for a Building Permit before issuance of the Building Permit. 12(6) There shall be no refunds of application fees for a permit, except for those situations as described by 12(7) and 12(9). 12(7) Upon cancelling an application for a Building Permit or Demolition Permit the Building Inspector shall refund 80% of the application fee given to the Building Inspector at the time of application. 12(8) Upon cancelling a Building Permit, Phased Building Permit or Demolition Permit the Building Inspector shall refund 60% of the application fee given to the Building Inspector at the time of application if no Work or demolition described in the permit has been undertaken. 12(9) A Building Permit holder may request that a Building Permit be cancelled by providing written notice to the Building Inspector, in the manner prescribed by the Building Inspector. 12(10) A Building Inspector shall cancel a Building Permit or Demolition Permit or Phased Building Permit upon request by the Building Permit holder, when no Work or demolition described in the permit has been undertaken. 12(l 1) A permit shall be deemed not valid immediately upon cancellation, revocation, or expiration. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 114 Structures in The City of Saint John (Working Draft) 257 Fees 13(1) The application fees required under this By -law are listed in Schedule "C ". 13(2) The application fee shall be increased by an amount of double the amount required by section up to a maximum increase of $25,000 when any Work or demolition is undertaken before a permit authorizing such Work or demolition has been issued. 13(3) No portion of any building or structure for which a Building Permit or Demolition Permit is required, including mechanical, electrical and plumbing work, shall be excluded from the Estimate for a Building Permit because of any other permits required by any other governing by -law or agency. 13(4) When the applicant is unable to provide an Estimate of the Work regarding Minor and Medium Residential at the time of application, the Estimate shall be assigned according to Schedule "D" or where the Work is not described in Schedule "D ", the Building Inspector shall assign a reasonable value to the Estimate before accepting the application. 13(5) For the purposes of 13(1) where the Estimate provided by the applicant of the proposed Work for Minor and Medium Residential is less than the amount set out in Schedule "D ", the Building Inspector shall assign a value to the Estimate according to Schedule "D ". 13(6) For the purposes of 13(1), where the Estimate provided by the applicant of the proposed Work that does not pertain to a Minor and Medium Residential is unreasonable the Estimate shall be assigned a reasonable value. 13(7) The Building Inspector, when providing an Estimate pursuant to 13(6), shall consider all relevant information and evidence available, including any documentation and quotes of: (a) Contractors; (b) Tradespeople; (c) Consultants; (d) Architects; (e) Suppliers; and (f) Engineers provided to the Building Inspector by the applicant. Refundable Deposit 14(1) The Refundable Deposit for all permits required under this By -law are listed in Schedule "E ". 14(2) Upon issuance of the Occupancy Permit or Certificate of Successful Completion, cancellation of a permit or cancelling an application for permit, the Building Inspector shall refund the Refundable A By -law respecting the Construction, Repair and Demolition of Buildings and Page 115 Structures in The City of Saint John (Working Draft) 258 Deposit to the applicant or permit holder, as applicable, less any additional service fees incurred by the City as set out in Schedule "C" in this By -law where, (a) the permit holder has provided notice of an inspection and the Work or demolition or site thereof was not ready for inspection, not available for inspection, not substantially complete or not completed to the standards of this By -law when a City Inspector attended the site; (b) plans or drawings or other documents provided in the application for Building Permit or application for Demolition Permit were modified and resubmitted to the Building Inspector before a Building Permit, Phased Building Permit or Demolition Permit was issued; 14(3) Any additional fees pursuant to 14(2) shall be deducted from the Refundable Deposit as a service fee. 14(4) The Refundable Deposit shall be forfeited one year after the expiration of a Building Permit or Phased Building Permit or when a Building Permit or Phased Building Permit has been renewed, one year after the expiration of the renewed Building Permit. 14(5) The Refundable Deposit shall be deemed forfeited one year after the expiration of the Demolition Permit. Inspection Scheduling 15 As a condition of a Building Permit every Building Permit holder shall: 15(1) give the Building Inspector 2 Business Days' notice in the manner prescribed by the Building Inspector and make all arrangements to allow for a City Inspector to carry out all applicable inspections pursuant to section 10(10). 15(2) not cover over Work for which standards are provided in this By -law before said Work has been inspected and approved by a City Inspector. Building Permit conditions 16 As a condition of a Building Permit, every Building Permit holder shall: 16(1) ensure that the plans and specifications on which the issue of the Building Permit was based are available continuously at the building site or Lot of the Work for inspection during working hours by City Inspectors, and that the Building Permit, or true copy thereof, is posted conspicuously on the site during the entire performance of the Work; 16(2) when necessary to evaluate whether the Work meets the standards of this By -law, provide to a City Inspector copies of all applicable reports relating to the building or structure and the Lot on which it is located including: A By -law respecting the Construction, Repair and Demolition of Buildings and Page 116 Structures in The City of Saint John (Working Draft) 259 (a) Documents referenced in the Code; (b) Fire alarm testing; (c) Sprinkler system testing; (d) Flame spread ratings; (e) Product specifications; (f) Material listings; (g) Structural product specifications; (h) Soil testing; (i) Compaction testing; Q) Attic insulation record; (k) Mechanical record. 16(3) when a City Inspector or the Building Permit holder becomes aware of soil concerns, unsuitable soils, unstable slopes, or any other indication that soils of the Lot may be unsuitable for the Work, provide the Building Inspector, within 30 days of the Permit holder or City Inspector becoming aware, a soils report stamped, signed and dated by a Professional Engineer, indicating that the soil conditions of the Lot are suitable for the Work. 16(4) where a soil report pursuant to 16(3) identifies that the soil is not suitable for the Work, apply within 30 days of providing the soil report to the Building Inspector, to modify the Building Permit to include the additional measures needed to make the soil conditions suitable for the Work. 16(5) when a building or structure is located within the setback required by the Building Permit, provide the Building Inspector with a survey report that confirms the location of the building, signed and sealed by a Land Surveyor in food standing with the Association of New Brunswick Land Surveyors or licenced by such a practice surveying within New Brunswick. 16(6) when a City Inspector becomes aware of Work that has been covered over in contravention of subsection 15(2), uncover Work within 5 days of such discovery; 16(7) complete any other conditions required by the Building Inspector. 16(8) promptly remove all construction debris and rubbish from the Lot; 16(9) dispose of all debris and rubbish at a disposal site approved by the Province of New Brunswick for disposal of said debris and rubbish. Inspectable Items 17(1) (a) City Inspectors shall inspect Work or demolition that is visible and reasonably accessible during all applicable inspections. (b) Notwithstanding (a) City Inspectors shall not inspect work to which Part 4 of the Code applies. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 117 Structures in The City of Saint John (Working Draft) 260 Inspection Approval 18(1) The City Inspector shall approve all Work that is visible and reasonably accessible in regards to an inspection listed in 17(1) which meets the standards prescribed by this By -law. Occupancy Inspection 19 As a condition of a Conditional Occupancy Permit every Conditional Occupancy Permit holder shall: 19(1) give 2 Business Days' notice in the manner prescribed by the Building Inspector and make all arrangements to allow for the Building Inspector to carry out an inspection listed in Schedule "B" of the Work, where applicable. Occupancy Permit Approval 20(1) The Building Inspector shall issue an Occupancy Permit when the Work under a Building Permit is Work to Which an Occupancy Permit Applies, when: (a) all inspections required by section 17(1) have been completed before one year after the expiration of the Building Permit and approved by City Inspectors; (b) the Work undertaken under the Building Permit meets the standards of this By -law and all conditions of the Building Permit; (c) the Building Inspector has received all documentation required by subsections 16(2) to 16(5) and the Code; (d) where plans were provided to the Building Inspector pursuant to 9(4)(d) and 9(4)(e), the Building Inspector has received written confirmation from a Qualified Professional that the building or structure is in general conformance with said plans; (e) when the Lot on which the Work is to take place has an Approved Grading Plan, the Building Inspector has received a Rough Grading Plan stamped, signed and dated by a Professional Engineer or Land Surveyor that confirms the grading of the Lot is in general conformance with the Approved Grading Plan; (f) the full application fee has been received by the Building Inspector; and (g) no Work has been completed outside the scope of the Building Permit. 20(3) The Building Inspector shall issue a Conditional Occupancy Permit to a Building Permit holder when: (a) the completed Work meets the standards of this By -law; A By -law respecting the Construction, Repair and Demolition of Buildings and Page 118 Structures in The City of Saint John (Working Draft) 261 (b) the Work that remains does not relate to health or safety issues; (c) no prior Conditional Occupancy Permit has been issued by the Building Inspector in regards to the same Work; (d) the full application fee has been received by the Building Inspector; (e) the Building Permit is in regards to Work to Which an Occupancy Permit Applies; (f) the Building Inspector has received a request by the Building Permit holder to issue a Conditional Occupancy Permit. 20(4) All Conditional Occupancy Permits are valid for 6 months after which the Conditional Occupancy permit shall be deemed revoked. 20(5) Conditional Occupancy Permits are not renewable. 20(6) The Building Inspector shall issue a Certificate of Successful Completion for all permits, except Building Permits for Work to Which an Occupancy Permit Applies, when: (a) all inspections required by section 17(1) as applicable have been completed and approved by City Inspectors; (b) the Work or demolition undertaken under the permit meets the standards of this by -law and all conditions of the permit; (c) the Building Inspector has received all documentation required by subsections 16(2) to 16(5) and the Code; (d) when plans were provided to the Building Inspector pursuant to 9(4)(d) or 9(4)(e), the Building Inspector has received written confirmation from a Qualified Professional that the building or structure is in general conformance with said plans; and (e) when the Lot on which the Work is to take place has an Approved Grading Plan , the Building Inspector has received a Rough Grading stamped, signed and dated by a Professional Engineer or Land Surveyor that confirms the grading of the Lot is in general conformance with the Approved Grading Plan. Occupancy Permit Revocation 21(1) An Occupancy Permit for a building or structure, or part thereof, shall be revoked upon the issuance of a new Occupancy Permit for the same building or structure, or part thereof or upon demolition of the building or structure, or part thereof. 21(2) A Conditional Occupancy Permit for a building or structure, or part thereof, shall be revoked upon the issuance of an Occupancy Permit for the same building or structure, or part thereof. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 119 Structures in The City of Saint John (Working Draft) 262 21(3) An Occupancy Permit for any building or structure except a Minor and Medium Residential shall be revoked after 5 years of vacancy. 21(4) For the purposes of 21(3) (a) a building or structure not being actively used for the Building Occupancy associated with such building or structure shall be considered vacant; and (b) when a building or structure has been used for a period of more than 6 consecutive months for the Building Occupancy associated with such building, the building shall be considered not vacant. Relocation Application 22(1) A person may apply for the issuance of a Demolition Permit and a Building Permit for the relocation of a building or structure or part thereof by providing the Building Inspector an application for Relocation, in the form prescribed by the Building Inspector. 22(2) Every application for relocation must include all information necessary for a Demolition Permit pursuant to 23(2) and a Building Permit pursuant to 9(4). 22(3) The Building Inspector shall not accept an application for relocation unless all conditions of 23(3) and 9(5) are met. Demolition Application 23(1) A person may apply for the issuance of a Demolition Permit for a building or structure or part thereof by providing the Building Inspector an application for a Demolition Permit, in the form prescribed by the Building Inspector. 23(2) Every application for a Demolition Permit must: (a) identify and describe in detail the demolition to be covered by the Demolition Permit; (b) state the location of the property upon which the demolition is to be performed including: (i) Civic number; (ii) Street name; and (iii) Property identification number. (c) state the Estimate of the proposed demolition; A By -law respecting the Construction, Repair and Demolition of Buildings and Page 120 Structures in The City of Saint John (Working Draft) 263 (d) state the names, postal addresses, telephone numbers and email address of the applicant, registered property owner, architect, engineer or other designer and contractor, as applicable; (e) identify the municipal services to be abandoned and removed. 23(3) The Building Inspector shall accept an application for a Demolition Permit when: (a) the information submitted appears to be adequate to determine compliance with the provisions of this By -law; (b) correct information is submitted; (c) the full application fee has been received by the Building Inspector; (d) the full Refundable Deposit has been received by the Building Inspector; (e) the proposed demolition meets the standards of the Zoning by -law, Heritage Conservation Areas by -law and Flood Risk Area by -law, or the appropriate application has been submitted to the City to bring the demolition within compliance with said by -laws; (f) if the Estimate is not less than $1,000, proof that the person performing the demolition carries a general liability insurance policy, naming the City of Saint John as an additional insured, issued on an occurrence basis, which allows for cross liability, in the following amounts: (i) When the Estimate of the proposed demolition is between $1,000 and $50,000, at least $1,000,000; (ii) When the Estimate of the proposed demolition is more than $50,000, at least $20,000 per $1,000 of Estimate of the proposed demolition to a maximum of $5,000,000. Demolition Approval 24(1) A person so authorized by Council shall issue a Demolition Permit to an applicant when: (a) the Building Inspector has received a complete application for a Demolition Permit; (b) the Building Inspector has received all additional application fees pursuant to 13(2); (c) the Building Inspector has received the complete Refundable Deposit; (d) the proposed demolition for the Demolition Permit describes a demolition that will meet the Zoning By -law and the Municipal Development Plan; (e) a City Inspector has inspected city roads, sidewalks and other public property around the demolition or relocation site. 24(2) The Building Inspector may deny an application for a Demolition Permit when the proposed work does not meet the requirements described in 24(1). A By -law respecting the Construction, Repair and Demolition of Buildings and Page 121 Structures in The City of Saint John (Working Draft) 264 24(3) The Building Inspector shall provide, when requested to do so, reasons for denying an application for Demolition Permit. 24(4) A Demolition Permit is valid for a period of 90 days from the date of its issuance unless in the Building Inspector's opinion the demolition is of such complexity that 90 days is not a reasonable amount of time to complete the demolition. 24(5) When deciding if a demolition is of such complexity that is unreasonable to complete in 90 days, the Building Inspector shall consider all relevant information which may include: (a) Size of the building or structure; (b) Number of stories of the building; and (c) Site conditions. 24(6) Where a demolition is of such complexity that it is unreasonable to complete in 90 days, the Demolition Permit shall be valid for such a time that is reasonable, in the Building Inspector's opinion, to complete the demolition. 24(7) Notwithstanding 24(4), where a property is required to have landscaping pursuant to 25(6), (a) when a Demolition Permit is issued after the first day of August of a given year the Demolition Permit shall be valid until the last day of May of the following year; (b) when a Demolition Permit is issued before the last day of February of a given year the Demolition Permit shall be valid until the last day of May of the same year; or (c) when a Demolition Permit is issued at any other time than those described by (a) or (b), the Demolition Permit shall be valid for a period of 90 days from the date of issuance. 24(8) A Demolition Permit shall not be renewed. Demolition Permit Conditions 25 As a condition of a Demolition Permit every Demolition Permit holder shall: (1) where applicable, cause all services from the water main, sanitary sewer main and storm sewer main to the property line to be disconnected and properly abandoned so as to prevent leakage; (2) not backfill abandoned municipal services before inspected by a City Official; (3) return all city owned water meters to Saint John Water, or its successor or equivalent, upon completion of the demolition; A By -law respecting the Construction, Repair and Demolition of Buildings and Page 122 Structures in The City of Saint John (Working Draft) 265 (4) when a dangerous condition is likely to occur during or after the demolition, barricade the demolition site to prevent access by the public; (5) backfill with clean fill such that site is properly graded or where site conditions are such that backfilling is unreasonable, remediate, the demolition site in such a way that it is not dangerous to the public or cause an Adverse Effect; (6) Where: (a) the demolition site is located within an intensification area as defined by the Municipal Development Plan; (b) the Main Building has been demolished; and (c) there is no valid Building Permit issued for the property landscape all areas on the property that have been disturbed by the demolition with at least 100 mm of topsoil and hydro seeded or sodded; (7) when a Demolition Permit is valid for a period of more than 90 days pursuant to section 24(7): (a) all construction involved in the demolition must be completed; and (b) conditions of Demolition Permit described in 25(1), 25(2), 25(3), 25(4), 25(5), 25(8), 25(9), 25 (10), 25(11), 25(12), 25(13)(a) and 25(13)(b) must be met within 90 days of the issuance of the Demolition Permit; (8) promptly remove all demolition debris and rubbish from the property; (9) dispose of all debris and rubbish at a disposal site approved by the Province of New Brunswick for disposal of said debris and rubbish. (10) repair all damage caused by the demolition to Streets and other public property to the standards of the General Specifications; (11) where a building benefits from steps or other structure in the City's right -of -way, demolish all such structures in the City's right -of -way and rebuild the City's right -of -way as per the General Specifications; (12) when the main structure on a Lot has been or is being demolished or relocated, relocate or demolish all accessory buildings on the Lot; (13) give the Building Inspector 2 Business Days' notice in the manner prescribed by the Building Inspector and make all arrangements to allow for a City Inspector to carry out inspection of the demolition or relocation, where applicable, as follows: (a) prior to backfilling abandoned or capped municipal services; (b) after completion of the demolition or relocation; A By -law respecting the Construction, Repair and Demolition of Buildings and Page 123 Structures in The City of Saint John (Working Draft) 266 (c) where landscaping is required under 25(6), after the landscaping has been completed. Public Property Damage 26(1) When demolition or relocation is undertaken or commences prior to the issuance of a Demolition Permit, the Building Inspector shall deem any damage to the Street or other public property in the general vicinity of a demolition or relocation site to be damage caused by the demolition or relocation. General 27(1) For the purposes of administering this By -law, Building Permits and Demolition Permits are assigned to a Tier as per Schedule "F ". 27(2) All Work or demolition or actions necessary to conform with the conditions of permits or the performance of Work or demolition thereunder are at the sole cost of the permit holder or registered property owner, as applicable. 27(3) Council may appoint a Deputy Building Inspector who shall be subject to the direction of the Building Inspector. 27(4) The Deputy Building Inspector shall be the Acting Building Inspector and shall have all the powers and duties of the Building Inspector in the event of the absence of or the disability of the Building Inspector or when there is no Building Inspector. 27(5) Council may from time to time appoint an Acting Building Inspector who shall have the powers and duties of the Building Inspector in the absence of or the disability of both the Building Inspector and the Deputy Building Inspector. 27(6) The Building Inspector is responsible for the administration and enforcement of this By -law. 27(7) The Building Inspector unless otherwise indicated shall make all determinations with respect to the provision of this By -law. Orders 28(1) The Building Inspector or any other person so authorized by Council may issue in writing such notice as may be necessary to inform the registered property owner where a contravention of this By -law has been undertaken. 28(2) Where Work, relocation or demolition has been undertaken in contravention of this By -law, the Building Inspector or any other person so authorized by Council may issue, in writing, the following orders: A By -law respecting the Construction, Repair and Demolition of Buildings and Page 124 Structures in The City of Saint John (Working Draft) 267 (a) Cessation of the Work, relocation or demolition; (b) Alteration of such Work, relocation or demolition so as to remove the contravention; or (c) The doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such Work, relocation or demolition. Right to Enter 29(1) The Building Inspector or any other person so authorized by Council may enter at all reasonable times upon any property or building or structure within the City for the purpose of making any inspection that is necessary for the administration or enforcement of this By -law. 29(2) Any person in control of a building or structure shall, in accordance with section 92 of the Community Planning Act, allow City Inspectors to enter any building or premises, or part thereof, at any reasonable time for the purpose of administering and enforcing this By -law. 29(3) The issuance of a permit, the review of the drawings and specifications, or inspections made by a City Inspector during construction of the Work, demolition or relocation shall not relieve the permit holder from full responsibility for carrying out the Work, demolition in accordance with the requirements of this By -law and all other laws or regulations. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 125 Structures in The City of Saint John (Working Draft) IM Transitory and repeal 30(1) A by -law of the City of Saint John made and enacted on the 5t" day of August, 2003 entitled "A By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John" C. P. 101 and all amendments thereto is repealed on the coming into force of this By -law. 30(2) This By -law shall come into force upon the 2nd day of May, 2016. 30(3) No Occupancy Permits shall be issued for buildings or structures where an Occupancy Permit was not required by a previous Building By -law unless application for a Building Permit or Relocation was accepted after the coming into force of this By -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2016 signed by: Mayor Common Clerk First Reading Second Reading Third Reading A By -law respecting the Construction, Repair and Demolition of Buildings and Page 126 Structures in The City of Saint John (Working Draft) 269 Schedule A: Work not requiring a permit Work not requiring a Building Permit for Minor Work not requiring a Building Permit on a and Medium Residential. building or structure other than Minor and Medium Residential. Repairing or replacing roofing or roofing material. Repairing or replacing roofing or roofing material. Replacing less than 25% of a single fagade of Replacing less than 25% of a single fagade of siding. siding. Painting. Painting. Maintenance, replacement and installation of Maintenance and replacement of Mechancial Mechancial Equipment. Equipment. Finish flooring. Finish flooring. Plaster or drywall repairs where the individual wall Plaster or drywall repairs where the individual wall or ceiling area to be repaired is less than 50% of or ceiling area to be repaired is less than 50% of that wall, except those walls that are part of a fire that wall, except those walls that are part of a fire separation or fire resistance rating required by the separation or fire resistance rating required by the Code. Code. Masonry repointing. Masonry repointing. Routine maintenance. Routine maintenance. Work under an Electrical Waiver. Work under an Electrical Waiver Construction of decks and landings that are less than 600 millimetres above grade. Repairing existing decks, verandas, landings or stairs where such repairs are of the same type and configuration as that item being repaired. Insulating except foamed plastic on interior walls. Wallpapering or other interior wall finish with finish materials having a flame spread rating of less than 150 except on a public corridor. Repairing and maintaining doors. Removing and replacing doors of the same type, location and size, except doors in a fire separation. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 127 Structures in The City of Saint John (Working Draft) 270 All construction regarding accessory buildings not greater than 10 square metres in building area. Work not requiring a Building Permit or Demolition Permit Demolition of buildings or structures of less than 10 square metres in building area. Public works in or on a street right -of -way. A tent or air - supported structure not greater than 100 square metres. Recreational and playground equipment but not buildings or similar constructions. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 128 Structures in The City of Saint John (Working Draft) 271 Schedule B: Scheduled Inspections for Building Permits WINDOWS AND DOORS FRAMING FINAL CLADDING PRE - CLADDING FINAL ELECTRICAL FIRE SEPARATIONS FINAL INTERIOR RENOVATIONS POST DEMOLITION FRAMING PRE - DRYWALL DRYWALL AND FIRE SEPARATIONS FINAL MINOR AND MEDIUM RESIDENTIAL ACCESSORY BUILDINGS AND DETACHED GARAGES PRE - FOOTING A By -law respecting the Construction, Repair and Demolition of Buildings and Page 129 Structures in The City of Saint John (Working Draft) 272 FRAMING FINAL DECKS FOOTINGS FINAL EXTERIOR RENOVATIONS AND REPAIR PRE - BACKFILL STRUCTURAL FINAL NEW CONSTRUCTION AND ADDITIONS PRE - FOOTING PRE - BACKFILL UNDERSLAB INSULATION FRAMING PARTY WALL PRE - DRYWALL DRYWALL FINAL "LARGE PROJECTS MAY BE SUBJECT TO MULTIPLE SETS OF INSPECTIONS IFTHE SIZE OF THE PROJECT IS TOO LARGE TO DETERMINE COMPLIANCE OF THE WORK THROUGH A SINGLE SET OF INSPECTIONS. A By -law respecting the Construction, Repair and Demolition of Buildings and Page 130 Structures in The City of Saint John (Working Draft) 273 Schedule C: Fees The application fees referred to in this By -law are as follows: Building Permits $110 + $8.50/$1,000 of the Estimate + $2 per page of paper submitted over 279 millimetres x 420 millimetres in size. Additional Service Fees First 2 Additional Inspections Tier 1 FREE Any further additional inspections Tier 1 $75 First 3 additional inspections Tier 2 FREE Any further additional Inspections Tier 2 $100 First 3 additional inspection Tier 3 FREE Any firther additional Inspections Tier 3 $200 Additional Review Tier 1 $75 Additional Review Tier 2 $100 Additional Review Tier 3 $100 per hour or portion of hour per occasion Modification of application fee $8.50/$1,000 of the difference of Estimate A By -law respecting the Construction, Repair and Demolition of Buildings and Page 131 Structures in The City of Saint John (Working Draft) 274 Demolition Garage or accessory building associated with a Minor and Medium The demolition fee and + Relocations All $210 Permits Residential $8.50/$1,000 of the Estimate All other $310 A By -law respecting the Construction, Repair and Demolition of Buildings and Page 132 Structures in The City of Saint John (Working Draft) 275 The demolition fee and + Relocations All $8.50/$1,000 of the Estimate A By -law respecting the Construction, Repair and Demolition of Buildings and Page 132 Structures in The City of Saint John (Working Draft) 275 Schedule D: Assigned Estimate for Minor and Medium Residential New construction $110 per square foot Finished basements & additional floors $55 per square foot Additions With foundation $110 per square foot Crawlspace Less 20% Post and Beam Less 30% Renovations $22 per square foot Decks $15 per square foot Garage (attached or detached) $40 per square foot Siding Vinyl $6.50 per square foot Aluminum /Steel $7.00 per square foot Shingles /Clapboards $5.00 per square foot Notwithstanding the above, where the estimate of materials only is available Twice the Estimate of materials A By -law respecting the Construction, Repair and Demolition of Buildings and Page 133 Structures in The City of Saint John (Working Draft) 276 Schedule E: Refundable Deposits The amount of the Refundable Deposit for Building Permits are: All permits If less than $2,000: $0 Tier 1 permits If Estimate is $2,000 or more: $200 Tier 2 permits If Estimate is $2,000 or more 1% of Estimate: a maximum of $2,000 and a minimum of $300 Tier 3 permits If Estimate is $2,000 or more 1% of Estimate: a maximum of $5,000 and a minimum $500 The amount of Refundable Deposit for Demolition Permits are: All If Estimate is less than $2,000: $150 If Estimate is between $2,000 and $10,000: $500 + 5% of Estimate If Estimate is over $10,000: 10% of Estimate to a maximum of $5,000. The amount of Refundable Deposit for Relocations are: All The applicable Demolition Permit and Building Permit deposit A By -law respecting the Construction, Repair and Demolition of Buildings and Page 134 Structures in The City of Saint John (Working Draft) 277 L Schedule F: Tiers For the purposes of this schedule MICI means: Multi -unit dwellings of 3 units and above; Industrial buildings or structures; Commercial buildings or structures; Institutional buildings or structures; And any other building or structure that is not a Minor and Medium Residential. TIER 1 Minor and Medium Residential Window and Door Minor and Medium Residential Deck Minor and Medium Residential Siding Minor and Medium Residential - Interior Renovations Value less than $20,000 Minor and Medium Residential - Exterior Renovations Value less than $20,000 Minor and Medium Residential - Accessory Building and Garage All Demolitions Electrical A By -law respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John (Working Draft) 278 Page 135 TIER 2 Minor and Medium Residential — New Minor and Medium Residential - New dwelling unit or secondary suite Minor and Medium Residential - Addition Minor and Medium Residential- Interior Renovations Value $20,000 and greater Minor and Medium Residential - Exterior Renovations Value $20,000 and greater MICI - Interior Renovations Value less than $25,000 MICI - Exterior Renovations Value less than $25,000 MICI - Change of Occupancy, no renovations Mobile Home Tents TIER 3 MICI - New MICI - Addition MICI - New dwelling unit MICI - Interior Renovations Value $25,000 and greater MICI - Exterior Renovations Value $25,000 and greater A By -law respecting the Construction, Repair and Demolition of Buildings and Page 136 Structures in The City of Saint John (Working Draft) 279 280 A By -law Respecting Drainage in The City of Saint John 2016 1 �b klk ii r ► •. Y '� !i {e G IL Growth & Communit Development Services Infrastructure Devel�ent Services ® 2016 Contents Recitals........................................................................................................ ............................... 1 Title............................................................................................................... ............................... 1 Definitions.................................................................................................... ............................... 2 Interpretation............................................................................................... ............................... 4 Scope........................................................................................................... ............................... 5 Procedure for Accepting or Modifying Storm Drainage Plans in Regards to Subdivisions, Multi - Family Residential, Commercial, Institutional, and Industrial Developments ............... 5 Procedure for Accepting Plans to Modify Grading Plans for Residential Lots ....................... 6 Approvals..................................................................................................... ............................... 6 Restrictions Affecting Surface Drainage .................................................... ............................... 8 GeneralRequirements ................................................................................. ............................... 9 Fees............................................................................................................ ............................... 10 By -law Not Applicable toThe City of Saint John ...................................... ............................... 10 Offences..................................................................................................... ............................... 10 Transition................................................................................................... ............................... 11 Recitials WHEREAS The City of Saint John deems it advisable to pass this by -law because it will establish standards to regulate the design, construction and modification of storm drainage infrastructure within the City; 2 AND WHEREAS The Municipalities Act authorizes municipalities to pass by -laws respecting Drainage pursuant to Section 7 of the Act; 3 AND WHEREAS Pursuant to paragraph 100(1)(a) of the Municipalities Act, a person who violates any provision of a by -law commits an offence and is liable on conviction to a fine; 4 AND WHEREAS Notice of this By -law and of the Common Council of The City of Saint John meeting at which this By -law was discussed were provided in accordance with the provisions of the Municipalities Act; NOW THEREFORE, the Common Council of The City of Saint John, under authority vested in it by Section 7 of the Municipalities Act, enacts as follows: Title This By -law may be cited as the "Drainage By -law ". Workinq Draft: A By -law Respecting Drainage in The City of Saint John Page 11 N Definitions 2(1) In this By -law unless expressly indicated otherwise, words have their ordinary meaning except as otherwise defined by this By -law. 2(2) Where a word is defined, other parts of speech and grammatical forms of the same word shall have corresponding meaning. "1 in 5 Year Return Period Storm" means the measured rainfall event that has a 20% probability of being equalled or exceeded in any year. "1 in 100 Year Return Period Storm" means the measured rainfall event that has a 1 % probability of being equalled or exceeded in any year. "Adverse Effect" means impairment of or damage to, or the ability to cause impairment of or damage to: (a) a Storm Drainage System; (b) the Sewer System; (c) human health or safety; (d) property; (e) the environment; and (f) the stability of a slope or top of a bank. Adverse Effects include: erosion, flooding, and icing on streets. "Applicant" means a person who has made application to the Chief City Engineer for approval of a Storm Drainage Submission. "As -Built Drawing" means a plan stamped, signed and dated by a Professional Engineer prepared following completion of construction that shows, insofar as possible, the true coordinate location and pertinent information regarding infrastructure constructed or installed. "Chief City Engineer" means the person appointed by Council as the Chief City Engineer for The City of Saint John or any person designated by the Chief City Engineer to perform a duty on behalf of the Chief City Engineer with respect to this By -law. "City" means the geographical area within the boundaries of the City of Saint John in the County of Saint John in the Province of New Brunswick. "Drainage Area" means the catchment area, subcatchment area, watershed, subwatershed, drainage basin, or subdrainage basin of land where Stormwater converges to a single point or points at a lower elevation. Working Draft: A By -law Respecting Drainage in The City of Saint John Page 12 285 "General Specifications" means the May 2015 document entitled, "General Specifications" of The City of Saint John. "Lot" means a parcel of land, or two or more adjoining parcels of land held by the same owner. "Major Storm Drainage System" means a Storm Drainage System which Stormwater will follow when the capacity of the Minor Storm Drainage System is exceeded. "Main Building" means the building or structure intended to accommodate the main use or use permitted on a Lot. "Minor Storm Drainage System" means a Storm Drainage System consisting of swales, subsurface interceptor drains, curbs, gutters, culverts, catchbasins, manholes, pipes or conduits, and other features designed in such a way to receive, convey and control Stormwater in a Drainage Area up to the identified design storm event. "Municipal Combined Sewer" means the existing combined storm sewer system and sanitary sewer system of The City of Saint John. "Municipal Storm Sewer" means the existing storm sewer system of The City of Saint John. "Professional Engineer" means a member in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick and registered or licenced to practice engineering in the Province of New Brunswick. "Residential Lot" means a lot developed or to be developed, with a one -unit dwelling, a two -unit dwelling, or a semi - detached dwelling as defined by The City of Saint John Zoning By -law. "Sewer System" means the existing municipal combined sewer system or the storm sewer system. "Storm Drainage Design Criteria Manual" means the September 9, 2008 (Updated February 2016) document entitled, "Storm Drainage Design Criteria Manual' of The City of Saint John. "Storm Drainage Submission" means the required submissions as per Section 3 of the Storm Drainage Design Criteria Manual. "Storm Drainage System" means a system of facilities for receiving, conveying, and controlling Stormwater including, ditches, culverts, swales, subsurface interceptor drains, Streets, curb and gutters, catchbasins, manholes, pipes, outfalls, and detention and retention ponds. " Stormwater" means surface run -off water and precipitation, including snowmelt and ice melt. "Street" means the entire width between the boundary lanes of every highway, road, lane, alley, curb, sidewalk, park or place when any part thereof is used by the general public for the passage of vehicles and pedestrians, and includes bridges thereon. "Substantially Complete" means the Work is ready for use or is being used for the purpose intended. Working Draft: A By -law Respecting Drainage in The City of Saint John Page 13 K.U. "Surface Drainage Feature" means any feature intended to control the drainage of Stormwater including swales, the sloping and contouring of land, structures, or concrete or asphalt gutters. "The City of Saint John" means a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick. "Watercourse" means the full width and length, including the bed, banks, sides and shoreline, or any part, of a river, creek, stream, spring, brook, lake, pond, reservoir, canal, ditch or other natural or artificial channel open to the atmosphere, the primary function of which is the conveyance or containment of water whether the flow be continuous or not. "Work" means the construction described in the Storm Drainage Submission. Interpretation 3 Rules for interpretation of the language used in this By -law are contained in the lettered paragraph as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) In this By -law unless expressly indicated otherwise, words have their ordinary meaning except as otherwise defined by this By -law. (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of The City of Saint John or applicable Provincial or Federal statutes or regulations. (e) Each reference to a by -law of The City of Saint John shall be deemed a reference to the most current applicable by -law of The City of Saint John. In every case reference to any by -law shall be deemed to include all applicable amendments and any successor by -law. (f) If any section, subsection, part or parts or provision of this By -law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. Working Draft: A By -law Respecting Drainage in The City of Saint John Page 14 287 Scope 4(1) This By -law applies to all land within or partially within the City of Saint John. 4(2) The Chief City Engineer shall administer this By -law and make any necessary determination with regard to the provisions herein. Procedure for Accepting or Modifying Storm Drainage Plans in Regards to Subdivisions, Multi- Family Residential, Commercial, Institutional, and Industrial Developments 5(1) A person shall apply to the Chief City Engineer for approval of a new, renewal, or modification of an existing Storm Drainage Submission in the form prescribed by the Chief City Engineer. 5(2) All applications shall include a Storm Drainage Submission consisting of: (a) a storm drainage plan; (b) a grading plan; (c) an erosion and sedimentation control plan; (d) an engineering design report; and (e) any other information necessary to evaluate whether the proposed development will meet the requirements of Section 7. 5(3) The requirements pursuant to subsections 5(2)(a), (b), (c), and (d) are as per the Storm Drainage Design Criteria Manual. 5(4) The documents identified in subsection 5(2) will not be required by the Chief City Engineer if the development proposed for the site in question will not create an Adverse Effect based on the following: (a) existing site conditions; (b) adjacent properties; (c) topography; (d) existing municipal infrastructure; and (e) proximity to existing watercourses. Workinq Draft: A By -law Respecting Drainage in The City of Saint John Page 15 N Procedure for Accepting Plans to Modify Grading Plans for Residential Lots 6(1) Notwithstanding the requirements of Section 5, a person may apply to the Chief City Engineer for approval to modify an approved grading plan of a Residential Lot in the form prescribed by the Chief City Engineer. 6(2) An application must include: (a) a Lot grading plan for the Residential Lot; and (b) any other documents necessary to evaluate if the proposed development will cause an Adverse Effect. 6(3) All Lot grading plans for Residential Lots must include the following information: (a) elevations at the corners of the Lot; (b) top of foundation wall elevation; (c) basement floor elevation; and (d) location and grade of all Surface Drainage Features on the Lot. 6(4) The requirements of a Lot grading plan for a Residential Lot are as per the Storm Drainage Design Criteria Manual. 6(5) The Chief City Engineer may approve a modified grading plan of a Residential Lot when the proposed development will not create an Adverse Effect. Approvals 7(1) The Chief City Engineer shall indicate approval of a Storm Drainage Submission by stamping, dating, and signing the Storm Drainage Submission. 7(2) The Chief City Engineer shall maintain a copy of all approved Storm Drainage Submissions. 7(3) The Chief City Engineer shall approve Storm Drainage Submissions which propose work that: (a) will not increase the amount of Stormwater currently entering an existing municipal combined sewer; (b) will not increase the amount of Stormwater entering the municipal storm sewer system beyond existing capacity; Working Draft: A By -law Respecting Drainage in The City of Saint John Page 16 .. (c) will not create an Adverse Effect; (d) includes a Minor Storm Drainage System designed to convey Stormwater generated by the 1 in 5 Year Return Period Storm such that, as applicable: (i) Stormwater does not exceed 80% of the full pipe capacity; (ii) Streets remain free of water other than the amount accumulated between inlets; (iii) Stormwater overflow is not discharged from the Street; (iv) ditches have adequate capacity to carry Stormwater flow; (v) culverts located in watercourses have adequate capacity to carry flow; (vi) piped Storm Drainage Systems convey Stormwater without surcharge; (vii) drainage easements adequately convey Stormwater. (e) include a Major Storm Drainage System designed to convey Stormwater generated by the 1 in 100 Year Return Period Storm such that, as applicable: (i) Stormwater is contained within the Street but not beyond the height of barrier type curb; (ii) culverts under driveways and Streets convey Stormwater without surcharge; (iii) Stormwater ponds control peak runoff conditions. (f) provide use of Streets and Lots during and following Stormwater events; and (g) preserve Watercourses and wetlands. 7(4) Notwithstanding the above the Chief City Engineer may refuse to approve a Storm Drainage Submission where: (a) the Storm Drainage System for which the approval is sought would cause the City of Saint John to incur maintenance expenses that are more than similar systems within the City of Saint John; (b) the Storm Drainage System for which the approval is sought would violate or cause a violation of a City of Saint John by -law; or (c) the Storm Drainage Submission for which approval is sought is not based on sound engineering principles and standard engineering practices. 7(5) When the Chief City Engineer approves the Storm Drainage Submission, the Chief City Engineer shall provide to the Applicant a copy of the approved plans. 7(6) When the Chief City Engineer does not approve an application of a Storm Drainage Submission, the Chief City Engineer shall provide to the Applicant written reasons for the refusal. Working Draft: A By -law Respecting Drainage in The City of Saint John Page 17 290 7(7) The Chief City Engineer will not accept for review a Storm Drainage Submission from an Applicant when they have been previously refused unless: (a) the Storm Drainage Submission addresses the deficiencies identified in the Chief City Engineer's reasons for refusal; or (b) the Storm Drainage Submission is substantially different from the previous application. 7(8) An approval of a Storm Drainage Submission shall be valid for three (3) years from the date of approval based on the Storm Drainage Submission pursuant to subsection 7(1) after which such approvals shall expire. 7(9) Notwithstanding 7(8) the grading plan of an approved Storm Drainage Submission or Lot grading plan shall be deemed the associated approved grading plan with all Lots within the grading plan or Lot grading plan until modified pursuant to Sections 5 or 6. 7(10) Should the approval expire prior to the Work having been Substantially Completed, the applicant may resubmit by providing Storm Drainage Submissions pursuant to Sections 5 and 6 as applicable. Restrictions Affecting Surface Drainage 8(1) No person, except employees or agents of The City of Saint John, shall alter or maintain alterations of the surface elevations or surface grades within lands owned by The City of Saint John. 8(2) No person, except employees or agents of The City of Saint John shall obstruct, remove, regrade or alter or maintain, suffer or permit any such obstruction, removal, regrading or alterations of a Surface Drainage Feature within a Street or municipal drainage easement. 8(3) The City of Saint John shall not be held liable for any damages caused by a contravention of this By -law. 8(4) The registered property owner of a Lot with an associated approved grading plan shall maintain all Surface Drainage Features identified on the associated approved grading plan. 8(5) No person shall cause an Adverse Effect by directing, concentrating, or conveying Stormwater towards, onto or into a Street or Sewer System. 8(6) No person shall connect a Storm Drainage System to the Municipal Storm Sewer or the Municipal Combined Sewer unless in accordance with an approved Storm Drainage Submission. 8(7) No person shall alter the surface elevation or surface grade of any land such that it may cause an Adverse Effect. Working Draft: A By -law Respecting Drainage in The City of Saint John Page 18 291 8(8) No person shall construct a building or structure except in accordance with an approved Storm Drainage Submission other than a one -unit dwelling, two -unit dwelling, or a semi - detached dwelling or a building or structure on a Lot containing a one -unit dwelling, two -unit dwelling, or a semi - detached dwelling. 8(9) For any Lot where there is an associated approved grading plan, no person shall permit, allow or suffer the construction of a building or structure, or alteration of a footprint of a building or structure, except in accordance with the associated approved grading plan. 8(10) Notwithstanding subsection 8(8), a person may permit, allow or suffer the alteration of the footprint of a building or structure where a Lot will contain a Main Building after the construction or alteration that is not a one -unit dwelling, two -unit dwelling, a semi - detached dwelling, when the Chief City Engineer has received a letter stamped, signed and dated by a Professional Engineer demonstrating through standard engineering practices, that there will be no increase to the surface runoff at any point outside of the Lot as a result of the proposed construction or alteration and will not create an Adverse Effect. 8(11) Where a subdivision involves a new Street or an extension to an existing Street the land must be developed in accordance with an approved Storm Drainage Submission. 8(12) No person shall construct, or develop a commercial parking lot except in accordance with an approved Storm Drainage Submission. General Requirements 9(1) No person shall construct a Storm Drainage System on land or Streets owned by The City of Saint John except in accordance with the General Specifications. 9(2) No person shall make, alter or remove, or permit the making, alteration or removal of, any storm sewer connection to the Sewer System except those that are in accordance with approved Storm Drainage Submissions. 9(3) Pursuant to subsection 9(2), all approved installations, alterations and removals of a Storm Drainage System connection to the Sewer System shall be carried out at the expense of the Applicant. 9(4) A registered property owner may request a copy of the approved Storm Drainage Submission or associated approved grading plan for their property from the Chief City Engineer. 9(5) The Chief City Engineer may distribute copies of the approved Storm Drainage Submission or approved grading plan when requested pursuant to subsection 9(4). Working Draft: A By -law Respecting Drainage in The City of Saint John Page 19 292 9(6) The approval of a Storm Drainage Submission by the Chief City Engineer does not relieve the Applicant of the responsibility for proper design and the Applicant retains full responsibility and liability for their design. 9(7) When a Storm Drainage System has not been constructed as a requirement of The City of Saint John Subdivision By -law, the Applicant shall provide to the Chief City Engineer As -built Drawings of all Storm Drainage Systems within 90 days of Substantial Completion of the Work. 9(8) All Storm Drainage Submissions and As -built Drawings must be stamped, signed and dated by a member in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick and be registered or licenced to practice engineering in the Province of New Brunswick. 9(9) All Storm Drainage Submissions and Storm Drainage Systems approvals shall be pursuant to this By -law. Fees 10 There is no fee for applying for approval of a Storm Drainage Submission or to modify an approved grading plan of a Residential Lot. By -law Not Applicable to The City of Saint John 11 The provisions of this By -law do not apply to The City of Saint John or to persons performing work under contract with The City of Saint John except for the construction of buildings or structures that require a building permit pursuant to the Building By -law. Offences 12(1) A person who violates any of the provisions of this By -law is guilty of an offence and liable to a penalty of not less than five hundred dollars ($500.00) and not more than two thousand one hundred seventy dollars ($2,170.00). 12(2) Notwithstanding subsection 12(1), a person who violates a provision of this By -law may, upon providing evidence that any violation of this By -law has been made good to the satisfaction of the Chief City Engineer, pay one hundred and seventy five dollars ($175.00) to the City's Cashier's Office at City Hall within twenty (20) calendar days from the date of the offence, and upon such payment, the person committing the offence is not liable to further prosecution for that offence. Working Draft: A By -law Respecting Drainage in The City of Saint John Page 110 293 Transition 13(1) This By -law shall come into force and effect upon the 2nd day of May, 2016. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of Mayor Common Clerk First Reading Second Reading Third Reading A.D. 2016 signed by: Workinq Draft: A By -law Respecting Drainage in The City of Saint John N Page 111 2915 COUNCIL REPORT M &C No. #2016 -25 Report Date February 03, 2016 Meeting Date February 08, 2016 Service Area Legislative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. 2016 Reporting Program for ABCs OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Phil Ouellette Jeff Trail RECOMMENDATION Direct the Saint John Common Clerk to schedule and implement the 2016 ABC reporting program. EXECUTIVE SUMMARY City Staff presented a draft 2016 ABC reporting framework to Common Council in December 2015, which was a response from two January 2015 Council resolutions requesting greater interaction between ABCs and Common Council. For the past month, the City Manager's Office has connected with all 29 ABCs in order to highlight the importance of the 2016 reporting program and also collect feedback. Staff received valuable feedback over the past month, which has been incorporated into an updated 2016 ABC reporting program. Staff is recommending that Common Council approve the program and direct the Common Clerk to proceed with implementing and scheduling the terms of the 2016 reporting program. PREVIOUS RESOLUTION On January 5th, 2015, Council adopted a resolution to have ABCs "appear in front of Council at least once per year,' and on January 19th, 2015, Council adopted a resolution to coordinate ABC reporting, focused on "performance against objectives /work plans /service levels, to date budget performance." In addition, on December 14th, Council adopted a resolution directing the City Manager to "report back to Common Council in early 2016 with a finalized framework." STRATEGIC ALIGNMENT This report falls under the Citizens Focused Service Delivery of the Saint John Common Council 2012 -2016 Priorities, including: Strategic Communication, 0 Spa Accountability for Service Results, Responsive Customer Service and Service - Based Decision - Making. REPORT Background As indicated in a prior Council Report, the City of Saint John supports, and in- turn, is supported by 29 unique agencies, boards and commissions (ABCs), which involves over 250 ABC member participants, many of which are volunteers (see Attachment #1). The City of Saint John's 2015 annual operating budget subsidy to the ABCs was approximately $38 million, which comprises 25% of the City's total operating expenditures. The 29 ABCs differ in the service they deliver and /or the functions they fulfill. The ABCs differ considerably also in their governance, connection with the City of Saint John, reporting relationship with Common Council, municipal funding support as well as relative size. One of the only tangible similarities between the 29 ABCs is that they are all somehow inter - connected with the City of Saint John. It is also important to note that the City's legal relationship between each ABC differs as well, with unique bylaws, legislation, agreements and partnerships that define the relationship. Analysis For the past month, the City Manager's Office has connected with all 29 ABCs in order to highlight the importance of the 2016 reporting program and also collect feedback. Staff received valuable feedback over the past month, which has been incorporated into an updated 2016 ABC reporting program. There is great value for all parties involved in the 2016 ABC reporting program. The program should not be limited to an accountability mechanism, but more importantly, an opportunity to build upon the mutual understanding and transparency between ABCs and Common Council. For Common Council, there is benefit to build a more fruitful appreciation of the value -added of the 29 ABCs, and in turn, ABCs can benefit from the perspective and leadership from Common Council. In turn, the exchange is also an opportunity for the Saint John community to become more familiar with the services, facilities and partnerships involved in delivering the City of Saint John's value proposition for current and future residents. The 2016 ABC reporting program includes other entities outside of the 29 identified ABCs, including Imperial Theatre, Saint John Arts Centre and the Saint John City Market. The 29 ABCs have been categorized into three groupings in order to facilitate the 2016 ABC reporting program, including: 297 am GROUP#1 GROUP#2 ABC written and oral reports City appointee presentations Incorporated in service area updates Enterprise Saint John Fort LaTour Development Taxicab Advisory Committee Authority Saint John Industrial Parks Saint John Non - Profit Housing Saint John Emergency Management Organization Advisory Committee Saint John Waterfront Saint John Port Authority Saint John Community Arts Board Development Saint John Destination Marketing Fundy Trail Development Pro Kids (Positive Recreation Authority Inc Opportunities for Kids) Power Commission of the City of Uptown Saint John Planning Advisory Committee Saint John (Saint John Energy) Saint John Board of Police Saint John Substandard Carleton Community Centre Advisory Commissioners Properties Appeal Committee Committee Saint John Parking Saint John Free Public Library Community Grants Evaluation Commission /Saint John Transit Committee Commission REGIONAL FACILITIES: Saint John Saint John Airport Heritage Development Board Trade and Convention Centre REGIONAL FACILITIES: Harbour Canada Games Foundation Saint John City Market* Station Commission REGIONAL FACILITIES: Saint John Lord Beaverbrook Rink Arts Centre* REGIONAL FACILITIES: Saint John REGIONAL FACILITIES: Imperial Aquatic Centre Commission Theatre* Group #1 Target: At least one presentation and two written submissions annually (May 15th and September 15th) Staff has developed a written reporting template (see Attachment #1) which details the areas of interest and /or focus for the 12 identified ABCs in Group #1 (including the Saint John Arts Centre). Presentations may include updates on budget, operations, major initiatives, partnerships and emerging issues. Note: Regional facilities already submit two written reports annually to the Regional Facilities Commissions, and instead of creating duplication, the five regional facilities have all agreed to simply forward their existing written reports (or a portion thereof) to Saint John Common Council once they become available. Group #2 Target: At least one presentation from City's board appointees N -4- The nine identified ABCs in Group #2 are to be scheduled for at least one 15 minute presentation before Common Council, which could involve the board chair, CEO and /or other board members. Group #3 Target: At least one presentation annually, completed through the regular reporting of the City of Saint John's service areas The nature of the eight ABCs and one other entity (Saint John City Market) from Group #3 is that they are all closely connected to the City of Saint John's service delivery, and as such, these ABCs will be expected to report periodically to Common Council through the regular service area (departmental) updating process. ABC involvement in Council Orientation 2016 It is customary to facilitate a Council orientation program after a municipal election, which includes a high -level overview of the operations, services, relationships, challenges and opportunities in the City. The orientation is an important precursor to the establishment of Common Council priorities for the following four years. The 29 ABCs will be requested to support and participate in different components of the 2016 Council orientation program. The focus of ABCs' involvement in the 2016 Council orientation process will be to provide a general overview of their operations, mandates, major initiatives and emerging issues. Development of ABC reporting framework for 2017 - onward In addition to the 2016 ABC reporting program, Staff is committed to work with the ABCs during 2016 to develop a more sustainable and targeted ABC reporting culture in Saint John for 2017 - onward, with the objective of increasing mutual understanding and value -added for all those involved. SERVICE AND FINANCIAL OUTCOMES The City of Saint John's 2015 annual operating budget subsidy to the ABCs was approximately $38 million, which comprises 25% of the City's total operating expenditures. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS For the past month, the City Manager's Office has connected with all 29 ABCs in order to highlight the importance of the 2016 reporting program and also collect feedback. ATTACHMENTS Attachment #1: Draft 2016 ABC Written Submission Template. 299 Attachment #1: 2016 ABC Written Submission Template Updated skills matrix for appointees to each ABC *Objective is to have each written submission no longer than three (3) pages in length. 300 Q ' if ji'om COUNCIL REPORT M &C No. 2016 -21 Report Date January 26, 2016 Meeting Date February 08, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: By -Law Number M -16 —A By -Law Respecting Water and Sewerage By -Law (the "By -Law") — Service of Notices — subsection 49(c) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner /Dept. Head City Manager Craig Lavigne Kevin Fudge Jeff Trail RECOMMENDATION That Common Council adopt the following resolution: 1. That the City Solicitor be directed to prepare an amendment to By -Law Number M -16 - A By -Law respecting Water and Sewerage that repeals subsection 49(c) thereof and replaces same with a requirement that notices issued thereunder need only be sent by regular mail. EXECUTIVE SUMMARY The purpose of this report is to recommend an amendment to subsection 49 (c) of By -Law Number M -16 — A By -Law respecting Water and Sewerage (the By- Law) by repealing the current language and replacing with new language. In its current form, subsection 49(c) of the By -Law obligates the City to send notices by personal service or registered mail. Repealing and amending subsection 49(c) will produce cost savings and drive efficiencies and update a process that is uncommon when compared to several other municipalities. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT 301 Spa This aligns with Council's mandate and objective of continuous improvement within the organization and, correspondingly, the responsible use of ratepayer's dollars. REPORT Section 49 of the By -Law states; Where a notice is authorized to be given under this by -law, other than a notice under sections 43 and 44, such notice shall (a) be in writing; (b) be signed by the Commissioner; (c) be served personally on, or sent by registered mail to, the owner of the property in respect of which the notice is issued; (d) state the nature of the work to be performed and grounds upon which the work is required; and (e) state the work must be carried out or effected by the owner within the period stated in the notice, such period to be not less than seven days and not more than two months from the day the notice is served or mailed. Subsection 49(c) impacts the ability of staff to collect on overdue accounts. Under this provision, staff has to issue hand delivered notices or notices by registered mail, which require a signature of the customer. If staff cannot locate a customer to deliver a letter to, or if the customer refuses to sign for the registered or hand delivered letter, the ability of the City to take further action is compromised. There is also a cost that is born by all ratepayers by operation of this subsection. (Approx. $14,000.00 in 2015) The recommended change aligns with the practice of several other municipalities. (Appendix 1) Fredericton, Halifax, Rothesay and Moncton, (which took this similar section out of their by -law in 2012), do not require notices to be personally served or delivered by registered mail. The process staff follows in the collection process will remain the same with the exception of this proposed step in the collection process. Customers will now receive notice by regular mail, rather than by hand delivery or by registered mail. 302 -3- SERVICE AND FINANCIAL OUTCOMES Financial saving of up to $14,000.00 per year by not requiring hand delivered notices and a more efficient process for collecting on overdue water accounts. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Office of the City Solicitor has reviewed this recommended change to the By- law, which is consistent with the Municipalities Act. ATTACHMENTS Appendix 1. Excerpts from the Water and Sewerage By -Law of Moncton and Fredericton 303 Appendix 1. M &C 2016 21 Water and Sewerage Bylaw, Section 40 Enforcement Fredericton By -Law 10. FAILURE TO PAY 10.01 The Director of Engineering and Public Works may shut off the water supply to any property with respect to which any rates, rentals or penalties payable under this by -law remain unpaid where: (1) 45 days have elapsed from the date of billing; (2) after the expiration of the 45 day period above mentioned, the City Treasurer has sent a notice by ordinary mail to the owner which states that, if outstanding amounts are not paid within 7 days of the date of the notice, the water supply shall be shut off; and (3) the amounts owing remain unpaid at the expiration of the 7 day period herein above mentioned. Moncton By -Law 5. (4) If after the expiration of 14 days following the notice referred to in subsections (1) and (2), the user - charges or a portion thereof, continue to be unpaid, but for which arrangements for payment have been made, the Revenue Manager shall, by regular mail, confirm said arrangements with the user. If said arrangements are not kept, the Revenue Manager may, by regular mail, give notice of the same to the user, as well as advise the user of the impending disconnection of the service, together with the date on which that disconnection will take place on or after the date in the notice. 304 January 29, 2016 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: 2015 Heritage Awards The Heritage Development Board is pleased to request the assistance of His Worship and members of Common Council to present the 2015 Heritage Awards in the Council Chambers on Monday February 22, 2016. The Board would like to celebrate the achievements of property owners and artisans who have demonstrated excellence in heritage conservation over the past year. We are pleased to invite you to attend a reception in the Ludlow Room on the 8th floor at 3:45pm, prior to the awards presentation in the Council Chambers. We hope you will have the opportunity to join us to personally congratulate each of our award recipients. Heritage Conservation is an important service for the City of Saint John, one we deliver in partnership with the community. Importantly, development in heritage areas supports the community's direction for a more livable and sustainable Saint John. On Monday February 22, 2016 we are looking forward to recognizing, with the assistance of Mayor and Council, the achievements and dedication of these individuals who have completed exemplary heritage conservation projects over the past year. Sincerely, 0 Bob Boyce, Chairman Heritage Development Board P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N. -B. Canada E2L 41 Canada E2L 4L1 SAINT JOHN w°.��ohn.ca Page 1 of 1 ww c/o Housing Alternatives Inc. 75 Adelaide Street Saint John, NB E2 1W4 February 2 "d, 2016 Mayor and Council P. 0. Box 1971 Saint John, N. B. E21. 41.1 To Mayor and Council, 5aFe Harbour It is with a sense of urgency that I write to you on behalf of Youth "Safe Harbour" Transitional Services Inc. As I'm sure you are aware, Safe Harbour, which provides emergency and transitional housing to homeless youth in our community, closed its doors on Friday due to a lack of funding. We ask you to please use the authority and voice of your positions as elected officials to urge the province to take whatever steps are necessary to ensure that this facility is able to resume operating immediately. The Province has an obligation to attend to the basic needs of all of its residents, including homeless youth. Safe Harbour provides an essential service to youth in our community; in less than 10 months, 55 youth (45 of whom were under the age of 19) have sought refuge at Safe Harbour. It has been operating at, or near, capacity since its third week of operations —often with a waiting list. The most frequent referral source has been social workers from the provincial department of Social Development. The location for Safe Harbour was selected after extensive community consultation had been conducted and 10 locations had been evaluated. The building was designed and built in order to meet the codes in place for such a facility, and with the safety of staff and youth in mind. Local experts and stakeholders, as well as national experts were consulted throughout the process; Safe Harbour, and the services delivered there, was designed based on best practices and our specific local context. Safe Harbour is a community initiative that arose out of a clearly identified need. In 2007, a count of homeless youth in Saint John was conducted. The report stated that 45 homeless youth were identified; homeless youth 17 to 19 years of age accounted for over half of those counted. In November 2009, the Business Community Anti - Poverty Initiative (BCAPI) hosted a community forum called Pathways to Education and Employment forAt -Risk Youth, where ways to improve the lives of youth, in the short- and long -term, were discussed. A transition house with support services for homeless youth was identified as the top priority. Shortly after this, a Youth sub - committee of the Community Council on Homelessness (CCH) was formed. This committee evolved into the Board of Directors for Safe Harbour. In 2012, fib youth between the ages of 19 -24 used an adult emergency shelter in Saint John; in 2013, this number was 67. Adult emergency shelters are unable to meet the specific needs of youth experiencing homelessness — they do not have the capacity, nor is it their mandate. Transitional housing for youth is critical because many youth do not have the life skills necessary to live on their own. They need a safe place to stabilize, and learn how to budget, grocery shop, cook, clean, do laundry, etc. Youth workers and youth serving agencies have been adamant about the need for emergency and transitional housing for youth. Despite their best efforts to help at -risk youth in our community, time and time again they were faced with the reality that you can give a kid all the supports in the world, but if they don't have a safe, stable 306 place to sleep at night, it won't matter. Without a safe, stable place to live, nothing else works. This community has worked tirelessly to piece together a social safety net in which to catch youth before they slip through the cracks. It took years, but Safe Harbour filled one of the largest gaps. We cannot lose this critical piece of infrastructure and essential service — especially if we are serious about addressing inter - generational poverty in Saint John and making sure youth are able to stay in school. Sometimes, youth are able to reconnect with family once they have stabilized —but not always. For some youth, foster care works —but it does not work for everyone. Given that our city has the highest child poverty rate of any major city in Canada, it is absolutely paramount that we have supports in place for the youth who are most at risk of slipping through the cracks. This is not only an investment in their future, but in our future as a city and as a province. The impact of Safe Harbour is far reaching; the benefits bridge sectors, levels of government, and the various government departments. These benefits are illustrated in the comment below, from SGT. David Hartley- Brown, Community Services Unit, Saint John Police Force: "The Saint John Police Force recognizes the value of all community agencies that serve the youth in our city. Safe Harbour is no exception. Some of the common risk factors associated to crime have long been relatde to poverty, unemployment, mental health, addictions, education, and of course Housing. SAFE HARBOUR had not only met the fundamental needs of homeless youth but also established a safe, nurturing, and supportive environment for its residents. Asa society we owe it to some of our most vulnerable citizens to protect them from negative influences and the potential for victimization as a result of homelessness. SAFE HARBOUR is a benefit to our community on so many levels and a service that the City of Saint John needs to embrace and support." Once again, we implore you to use the voice of your positions as an elected official to urge the Province to take the necessary steps to ensure that Safe Harbour continues to meet the needs of homeless youth in our region. We will not reach our full potential as a city until our children and youth are given the chance to reach theirs. Thank you for your time. Sincerely, Kit Hickey, Secretary/Treasurer, Safe Harbour 307 b-_ Tfic City of Saint John February 8, 2016 Deputy Mayor and Councillors Subject: City Interest in Two Provincially Owned Properties — Former Saint John Courthouse and Residential Land in Lorneville The Committee of the Whole, having met on February 8, 2016, adopted the following recommendation: RESOLVED that Common Council advise the Province of New Brunswick that it has no interest in acquiring either property specified in its letter addressed to the Mayor of the City of Saint John dated November 27t , 2015. Sincerely, Mel Norton Mayor .S -U r'r I o;i A P.O. Rea; 1971 Saint 131-in, ,19 Canada 42L �4Lt I u.1 ';w.&AT1tj€ahi i.Ca I Ck -197.1 &aint John, NA. C_' gna =i EA 4 1 __ 308