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In This Volume

  • 5 (1) Where the approving officer considers that portions of the land intended to be included in a bare land strata plan are or may be necessary
  • (a) for the construction of highways within the municipality or regional district in accordance with any existing Provincial or municipal highway network, plans or policy,
  • (b) to provide necessary and reasonable access by means of a highway to land lying beyond the land intended to be included in the bare land strata plan, or
  • (c) to provide suitable lanes in continuation of existing lanes,
  • he may refuse to approve the bare land strata plan unless
  • (d) the owner-developer has, subject to the limitations in section 945 of the Local Government Act, or sections 2(1)(a) and (f) and (2), 8 to 11 and 43 of the Transportation Act, as the case may be, dedicated those portions, by registering a subdivision plan in the land title office, and
  • (e) the owner-developer has constructed the highway or lane or, in such circumstances as the approving officer considers appropriate, the owner-developer has furnished to the municipality, regional district or improvement district security for its construction in an amount and in form satisfactory to the approving officer.
  • (2) In considering the sufficiency of a highway to be dedicated prior to the approval of a bare land strata plan, the approving officer shall consider
  • (a) the location and width of the highway,
  • (b) the configuration of the land intended to be included in the bare land strata plan,
  • (c) the relation of the highway to be dedicated to an existing highway or approach, whether by land or water, and local circumstances,
  • (d) on the question of width, the extent of the use, present and future, to which the highway may be put, and
  • (e) the likely or possible role of the highway in a future highway network serving the area in which the land in the bare land strata plan is situate.

[am. B.C. Reg. 180/88, s (a); B.C. Reg. 546/2004.]