2016-02-01_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Special Meeting
AGENDA
Monday, February 1, 2016
5:30 p.m.
Ludlow Room, 8th Floor City Hall
Call to Order
Pages
1.1 One -Stop Development Shop Project Working Draft Development By -Laws - 1 -118
Workshop
1.2 Council By-laws Workshop One Stop Development Shop Presentation 119-175
Powered BY; X AWE'
COUNCIL REPORT
M&C No.
2016-018
Report Date
January 26, 2016
Meeting Date
February 01, 2016
Service Area
Growth and Community
Development Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT. One -Stop Development Shop Project Working Draft Development
By-laws - Workshop
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
I Jeff Trail
Your City Manager recommends that a Council Workshop be held with members
of the One -Stop Development Shop team to enable a focused discussion on each
of the three working draft by-laws that include: the updated Subdivision and
Building By-laws and the new Drainage By-law.
EXECUTIVE SUMMARY
The purpose of this report is to provide Council with a copy of each of the three
draft working by-laws in advance of the By-law Workshop to be held with
Council on Monday February 1, 2016. The Workshop schedule is as follows:
- 5:00pm — 5:30pm - Closed Session of Council in the 8t" floor boardroom
to discuss legal matters.
- 5:30pm — 7:00pm — Special open session of Committee of the Whole in
the Ludlow Room.
The three working draft development by-laws include: Subdivision By-law,
Building By-law and the Drainage By-law. The purpose of the Council By-law
Workshop is to provide Council with a presentation on each of the three draft by-
laws, work through a development scenario using the new by-laws and to solicit
Council's input into the currrent draft working documents. The plan is to
complete this workshop to solicit Council's input in advance of formally referring
the by-laws to the Plannning Advisory Committee (PAC) in accordance with the
Community Planning Act.
The report also provides Council with information on the next steps towards
adoption of the new by-laws.
Ma
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.
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 PlanSJ and AdvanceSJ and supports developing a culture of continuous
improvement and customer focused service delivery which is transparent
and accountable.
r.14101a9
Since the February 16, 2015 Council meeting at which Council adopted the One -
Stop Development Shop Final Service Delivery Model recommended options;
and directed staff to proceed with implementation, staff have remained focused
on implementing various project initiatives within the Model that includes 61
service enhancements. The service enhancements are designed to achieve the
vision of the One -Stop project through the support of the guiding principles,
which include; innovation and continuous improvement, predictability and
clarity, facilitated and streamlined; and customer and community focused.
A key improvement of the Model is the modernization and integration of all
three development By-laws that will support the One -Stop guiding principles.
The goal of the modernized development by-laws is to improve clarity and
predictability for development, while ensuring community standards set out in
PlanSJ are met, enforcement is improved and new features of the One -Stop Shop
including stormwater management are added.
In June of 2015, the team hosted targeted engagement with stakeholders which
provided valuable stakeholder input (from over 87 attendees) into the process of
modernizing the Subdivision By-law and creating the Drainage By-law. Work
0�1
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continued through the summer and fall of 2015 on each of the three by-laws and
in November 2015 the stakeholder engagement sessions were held with staff,
Planning Advisory Committee & Heritage Development Board, Development
Industry and Economic Development Agencies. With feedback received, the One -
Stop team made further adjustments to the working by-laws that are now before
Council for purposes of soliciting Council's feedback during the By-law Workshop
to be held on Monday February 1, 2016. The Workshop schedule details are as
follows:
5:00pm — 5:30pm - Closed Session of Council in the 8t" floor boardroom
to discuss legal matters related to the by-laws.
5:30pm — 7:00pm — Special open workshop session of Committee of the
Whole in the Ludlow Room.
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
months of February and March 2016. Tentative dates are noted below and
subject to change based upon the level of feedback received.
- Conduct Council (February 1, 2016) and PAC (February 2, 2016)
Workshops;
- February 8, 2016 - Council refer to PAC the Subdivision and Building By-
laws to formally seek PAC's views in accordance with the Community
Planning Act;
- February 16, 2016 - Provide PAC with a presentation on each of the three
by-laws;
- February 18, 2016 - Complete the translation of all three by-laws; and
- February 29, 2016 (special meeting of Council) — Bring the three by-laws
forward for first and second reading.
- March 7, 2016 — Bring the three by-laws forward for third reading.
Council's ongoing involvement is critical as we now begin to proceed through 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 resource .
The By-law adoption process and implementation workshop are being completed
within Council approved budgets.
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input from staff, PAC, Heritage Development Board, Development Industry,
Economic Development Agencies, Legal and Finance have been received on the
proposed by-laws.
ATTACHMENTS
PowerPoint presentation will be circulated to Council on Friday January 29, 2016.
Note, in addition a separate legal report is being prepared for Committee of the
Whole and it will also be circulated on Friday January 29, 2016.
rd
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.
Growth & Community Development Services
Permitting & Inspec9on 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
7
SCHEDULEA................................................................................................................................ 27
SCHEDULEB................................................................................................................................ 29
SCHEDULEC................................................................................................................................ 32
SCHEDULED................................................................................................................................ 34
SCHEDULEE................................................................................................................................ 35
SCHEDULEF................................................................................................................................ 36
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:
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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
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(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
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"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
(j) 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.
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"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:
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(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.
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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:
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(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.
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(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:
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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
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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, Heritage Conservation
Areas by-law, Drainage by-law, Flood Risk Areas by-law, and the Plumbing 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;
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(f) when the property is within a Heritage Conservation Area as defined by the Heritage
Conservation Areas by-law, a Certificate of Appropriateness or Municipal Heritage Permit in
regards to the proposed Work has been issued, if applicable;
(g) the proposed Work meets the General Specifications, if applicable, and the Drainage by-law;
(h) the proposed Work does not conflict with any municipal services easements or public utility
easements;
(i) if the proposed Work requires a permit under the Water and Sewerage by-law or the
Excavations of Streets by-law, that an application for the required permit has been received by the
City;
0) the site servicing plan is satisfactory for the proposed Building Occupancy;
(k) 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;
(1) 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;
(m) 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;
(n) if a water meter is required by the Water and Sewerage By-law, the proposed Work includes
installation of a water meter; and
(o) when the property is within a flood risk area as defined by the Flood Risk Areas by-law, a Flood
Risk Area Development Permit in regards to the proposed Work has been issued, if applicable;
and
(p) the proposed Work meets the standards of the Plumbing by-law
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:
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(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.
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.
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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.
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).
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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.
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.
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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
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:
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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)
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;
0)
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.
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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) when Work to Which an Occupancy Permit Applies is being undertaken, not occupy, or allow the
occupancy of the building or structure, or part thereof that such Work is being performed upon
unless an Occupancy Permit or Conditional Occupancy Permit has been issued;
16(9) promptly remove all construction debris and rubbish from the Lot;
16(10) 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.
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;
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(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;
(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;
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(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.
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).
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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;
(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:
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(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) if the property is within a Heritage Conservation Area as defined by the Heritage Conservation
Areas By-law, a Certificate of Appropriateness or Municipal Heritage Permit in regards to the
proposed demolition has been issued;
(f) the demolition meets the requirements of the Flood Risk Area By-law;
(g) a City Inspector has inspected city roads, sidewalks and other public property around the
demolition or relocation site.
(h) if the demolition described by the application requires a permit under the Excavations of
Streets By-law, that an application for the required permit has been received by the City.
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).
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;
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(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;
(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
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(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;
(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.
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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) 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.
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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.
Transitory and repeal
30(1) A by-law of the City of Saint John made and enacted on the 5th 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
Mayor
Common Clerk
First Reading
Second Reading
Third Reading
A.D. 2016 signed by:
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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.
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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.
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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
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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.
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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
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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
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The demolition fee and +
Relocations
All
$8.50/$1,000 of the Estimate
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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
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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
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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
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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
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The City of Saint John
Subdivision Bymlawr F
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2016 R�-
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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.
ti
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Growth & Community Development Services
Community Planningk7Development - 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
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
Administration 1
Design Standards 2
Land for Public Purposes 3
Streets, Utilities, and Other Facilities 4
Subdivision Agreements 5
Subdivision Plan Approvals 6
C
Schedule A
Growsi
51
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
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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.
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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.
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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.
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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.
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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;
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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.
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"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.
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"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.
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"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.
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"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.
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(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.
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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.
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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:
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(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
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.
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Design Standards 2
Land for Public Purposes 3
Streets, Utilities, and Other Facilities 4
Subdivision Agreements 5
Subdivision Plan Approvals 6
Schedule A
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M.
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
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(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.
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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.
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73
Land for Public Purposes 3
zar'eers, uiiiaies, d"U a rlerF II-acili.
Subdivision Agreements 5
Subdivision Plan Approvals 6
74
Schedule A
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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.
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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.
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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.
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79
Administration 1
Design Standards 2
' .and for Public Purposes 3
Streets, Utilities, and Other Facilities 4
Subdivision Agreemer#c
Subdivision Plan Approvals 6
.,
Schedule A
Growsi
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);
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82
(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.
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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.
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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.
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Administration 1
Design Standards 2
Land for Public Purposes 3
Streets, Utilities. and Other Facilities
Subdivision Agreements 5
Subdivision Plan Appruvc.
Schedule
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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;
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(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
Administration 1
Design Standards 2
Land for Public Purposes 3
Streets, Utilities, and Other Facilities 4
Subdivision Agreements 5
Subdivision Plan Approvals 6
.,
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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;
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(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
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(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
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(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.
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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.
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97
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
.;
M
Administration 1
Design Standards 2
Land for Public Purposes 3
Streets, Utilities, and Other Facilities 4
Subdivision Agreements I -
Subdivision Plan Approve
100
Schedule A
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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
102
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
Growth & Community Development Services
Community Planning R�bevelopment - 2016
in
By-law Respecting Drainage
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.
Growth & Community Development Services
Infrastructure Devel8PAent Services 2016
Contents
Recitals....................................................................................................................................... 1
Title.............................................................................................................................................. 1
Definitions................................................................................................................................... 2
Interpretation.............................................................................................................................. 4
Scope.......................................................................................................................................... 5
Procedure for Accepting or moditfying 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
106
Recitals
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".
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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.
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"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.
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"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.
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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.
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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;
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(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.
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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.
A By-law Respecting Drainage in The City of Saint John (Working Draft) Page 18
114
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).
A By-law Respecting Drainage in The City of Saint John (Working Draft) Page 19
115
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.
A By-law Respecting Drainage in The City of Saint John (Working Draft) Page 110
116
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:
A By-law Respecting Drainage in The City of Saint John (Working Draft)
117
Page 111
118
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