Bylaws Relating to the Subdivision of Land and New Streets

P.N. 36/86 SECTION B.3

BYLAWS RELATING TO SUB-DIVISION OF LAND AND NEW STREETS

Interpretation of terms

1. In these Bylaws, unless the context otherwise requires:

"approved" means approved by the authorised office or the Council and "approval" has a corresponding meaning; (M.N. 165/92)

"approved subdivisional plan" means a plan submitted in terms of section 3(2) and relating to an application approved in terms of section 145 of the Ordinance;

"authorised officer" means an officer of the Council to whom it has delegated or assigned a duty, function or power under these Bylaws, in relation to the exercise or performance of that duty, function or power; (M.N. 165/92)

"City Engineer" deleted by M.N. 165/92;

"City Valuator" deleted by M.N. 165/92;

"connecting foul-water sewer" means a pipe vested in the Council, connecting a foul-water drainage system on premises to a foul-water sewer beyond the boundary of those premises or within a servitude area or within an area covered by a wayleave;

"connecting stormwater sewer" means a pipe vested in the Council, connecting a stormwater drainage system on premises to a stormwater sewer beyond the boundary of those premises or within a servitude area or within an area covered by a wayleave;

"Council" means the City Council of the City of Durban;

"developer" means the owner of land in respect of which a sub-divisional plan has been approved by the authorised officer in terms of these bylaws;

(M.N. 165/92)

"drainage system" means a system not vested in the Council which is used for or intended to be used for or in connection with the reception, conveyance, storage or treatment of foul water or stormwater and includes drains, fittings, appliances, septic tanks, conservancy tanks and private pumping installations forming part of or ancillary to such system;

"foul-water" means soil water, waste water, or trade effluent as defined in the Sewerage Bylaws;

"foul-water drain" means that portion of the drainage system used or intended to be used for the conveyance of foul water within any premises;

"frontage works" means any gate, gateway, driveway, path or other means of access to premises and wall, fence or other structure any permanent earthworks abutting upon a street or situated on premises within five metres of the street line or any line which the authorised officer has prescribed as a future street line;

(M.N. 165/92)

"Ordinance" means the Durban Extended Powers Consolidated Ordinance, 1976 (Ordinance 18 of 1976);

"prescribed fee" means the appropriate fee prescribed by the Council from time to time;

"Scheme" means a town planning scheme or town planning scheme in the course of preparation;

"stormwater" means storm, surface, sub-soil or spring water;

"stormwater drain" means that portion of the drainage system used or intended to be used for the conveyance of stormwater within any premises or within any private sector;

"stormwater sewer" means any conduit vested in the Council for the conveyance of stormwater;

"street line" means that boundary of a subdivision which adjoins a street;

"street works" includes kerbing, channelling, paving and street furniture;

"zone" means a use zone as defined in a scheme;

any words to which a meaning has been assigned in Chapter XVI of the Ordinance shall, when used in these bylaws, have a corresponding meaning.

1A. Nondiscrimination

(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provisions of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards for such facilities.

(M.N. 43/92)

2. A reference to an SABS specification or code of practice shall be a reference to that specification as detailed in the Third Schedule.

Application for approval of subdivisional plan or layout of new street.

3. (1) Application for authority to:

(a) subdivide any land or cause the same to be subdivided for any purpose whatsoever; or

(b) dispose of any land which is not a subdivision; or

(d) submit to the Surveyor-General for his approval of a proposed subdivision or of a new street or a general plan on which proposed subdivisions or a new street are or is shown, or in any way create a new street;

shall be made to the authorised officer on the prescribed form by the owner or by a professional land surveyor or a registered town and regional planner acting on behalf of the owner; provided that nothing in this subsection shall apply to the disposal of an undivided share in land. (M.N. 165/92)

(2) Every application made in terms of subsection (1) shall be accompanied by:

(a) a plan which shall:

(i) not be coloured;

(ii) be clearly drawn in black waterproof ink on a transparent medium of a type approved by the authorised officer to one of the following scales:

1 : 1 000

1 : 500

1 : 200

or to such other scales as the authorised officer has given his prior consent in writing;

(iii) unless otherwise authorised by the authorised officer in writing be to one of the following sizes:

A0 - 840 mm x 1 188 mm

A1 - 840 mm x 594 mm

A2 - 420 mm x 594 mm

A3 - 420 mm x 297 mm

A4 - 210 mm x 297 mm

and an area 100 mm x 100 mm shall be left blank in top right hand corner of the plan to provide for the addition of such endorsements as the authorised officer may require;

(M.N. 165/92)

(b) eight clear prints of such plan, all of which shall be coloured to the satisfaction of the authorised officer;

(M.N. 165/92)

(d) the following certificate on the plan signed by a professional land surveyor or a registered town and regional planner and dated not more than three months prior to the date of submission:

"I certify that this plan and all details and information shown thereon as required by section 3(3) of the Bylaws Relating to the Subdivision of Land and New Streets, are correct",

(e) such other plans, documents, calculations and information (whether to be shown on the plan or otherwise) as the authorised officer may require.

(M.N. 165/92)

(3) The plan and prints required in terms of subsection (2) shall, unless the authorised officer otherwise directs, show:

(a) the whole of the land to which the application relates;

(b) the registered description and dimensions of such land;

(c) the boundaries of adjoining subdivisions and streets, the description of such subdivisions and the names and widths of such streets;

(d) sufficient information in regard to levels to depict the true configuration of the surface of the area to be subdivided and of any abutting streets, servitudes or wayleaves, together with contours at not greater than 3 m vertical intervals, such levels and contours being related to mean sea level;

(e) cover and invert levels of sewer manholes within the land to be subdivided and on any abutting streets, servitudes or wayleaves, and levels of a sewer to which the proposed subdivisions are to be connected, such levels being related to mean sea level;

(f) the position and nature of all existing buildings on the land. If the land is vacant the plan shall be endorsed accordingly;

(g) the true north direction;

(h) the scale to which the plan is drawn;

(i) the name and address of the owner of the land, and where possible, the postal address of the land;

(j) all proposed new streets;

(k) the dimensions, areas and descriptions of all proposed subdivisions;

(l) the purposes and dimensions of all existing servitudes or wayleaves on the land or abutting any boundary thereof, together with the direction of flow in the case of servitudes for drainage purposes;

(m) the purposes and dimensions of all proposed servitudes on the land and in the case of proposed servitudes for drainage purposes, the direction of flow;

(n) the provisions made or to be made for the drainage of each proposed subdivision or street and for the connection of the drainage system to any existing or proposed stormwater or foul-water sewer;

(o) in a locality sketch, the locality of the land to be subdivided;

(p) any flood lines required to be depicted on plans relating to the establishment of township in terms of Water Act, 1965 (Act 54 of 1956) at the time of application and in addition, the lines indicating the maximum level likely to be reached on an average every fifty years by flood-waters on the land in question from any water course with a known and defined channel and with a catchment area exceeding one square kilometre.

AMENDMENT OF APPROVED SUBDIVISIONAL PLAN

4. When application is made for an amendment to or the variation of an approved subdivisional plan, the authorised officer may require the applicant to lodge a new plan of the whole or any portion of the land covered by the approved subdivisional plan. Such new plan shall conform to the requirement of subsections (2) and (3) of section 3.

(M.N. 165/92)

CONSOLIDATION OF LAND

5. Every person intending to consolidate two or more subdivisions shall at least 14 days before submitting his diagram to the Surveyor-General, notify the authorised officer in writing of his intention. (M.N. 165/92)

SHAPE OF PROPOSED SUBDIVISIONS

6. Subject to the provisions of section 8, every proposed subdivision shall where practicable be rectangular in shape, provided that the authorised officer may, where in his opinion special circumstances exist, approve a subdivision which is not rectangular in shape.

(M.N. 165/92)

(a) is such subdivision is not situated in an industrial zone and is capable of containing in its boundaries a rectangle with an area not less than -

(i) 180 mï ¿ ½ where the prescribed minimum area for the subdivision is 180 mï ¿ ½ ;

(ii) 240 mï ¿ ½ where the prescribed minimum area for the subdivision is 240 mï ¿ ½ ;

(iii) 240 mï ¿ ½ where the prescribed minimum area for the subdivision is 400 mï ¿ ½ ;

(iv) 300 mï ¿ ½ where the prescribed minimum area for the subdivision is 650 mï ¿ ½ ;

(v) 360 mï ¿ ½ where the prescribed minimum area for the subdivision is 900 mï ¿ ½ ;

(vi) 560 mï ¿ ½ where the prescribed minimum area for the subdivision is 1 400 mï ¿ ½ ;

(vii) 720 mï ¿ ½ where the prescribed minimum area for the subdivision is 1 800 mï ¿ ½ ;

and with sides of not less than the minimum street frontage as prescribed in terms of section 8(1);

(b) if such subdivision is situated in an industrial zone and is capable of containing in its boundaries a rectangle with an area of not less than 540 mï ¿ ½ and sides of not less than 20 mï ¿ ½ ;

provided that where the land is zoned for residential purposes under a Scheme the area of the land constituting the rectangle shall not include any portion of the land which is liable to inundation on an average every fifty years by flood-waters from a water course with a known and defined channel and with a catchment area exceeding one square kilometre.

(M.N. 45/92)

SIZE OF SUBDIVISIONS

7. (1) Except as hereinafter provided, the minimum size of a subdivision shall not be less than -

(a) 900 mï ¿ ½ in General Residential, Duplex or Industrial Zones;

(b) 650 mï ¿ ½ in all other Residential Zones;

(2) Subdivisions in those parts of the City in respect of which the minimum area of subdivisions is prescribed in any scheme, shall conform to the provisions of such scheme.

(3) The provisions of this section and of section 6 and 8 shall not apply to a subdivision created solely for the purpose of adjusting the common boundary of two contiguous subdivisions and, in the authorised officer's discretion, to the remaining portion of the land so subdivided, where

(M.N. 165/92)

(a) an encroachment by a building, wall or other structure or a contravention of the side or rear space requirements existed on 31 December 1971;

(b) such adjustments of boundaries results in improved shape of subdivisions;

(d) land is severed by a street;

provided that the area of such remaining portion is not thereby reduced to less than 70 per cent of the applicable minimum area prescribed in sub-section (1) or referred to in subsection (2) and provided further that the owner of the subdivision with which the newly created subdivision is to be consolidated, shall, simultaneously with the registration in separate title of the subdivision either take out a certificate of consolidated title in respect of such subdivisions or, where the registration of a certificate of consolidated title is not possible, enter into a notarial deed in restraint of free alienation in favour of the Council, containing an undertaking by the owner not to transfer one of such subdivisions independently of the other without the prior approval of the Council.

(4) The authorised officer may approve a subdivisional plan notwithstanding that one or more of the subdivisions shown thereon is of a lesser area than that prescribed in subsection (1) or referred to in subsection (2) hereof; provided that no such approval shall be given if the total reduction in area is more than 10 per cent of the prescribed minimum area of one subdivision.

(M.N. 165/92)

(5) The authorised officer may approve a subdivisional plan notwithstanding that it does not comply with the provisions of the preceding subsections hereof or of sections 6 and 8, when two or more subdivisions that may be developed in accordance with the applicable scheme, are consolidated and simultaneously subdivided so that there is no increase in the number of subdivisions, if he is of the opinion, after having regard to the shape of the subdivisions or the topography or any other relevant matters, that the new subdivisional layout is an improvement on the original.

(M.N. 165/92)

WIDTH OF FRONTAGE TO STREET

8. (1) Subject to the provisions of subsection (2) hereof and of section 7 every subdivision for which a minimum area has been prescribed in terms of these bylaws or which is within those part of the City in respect of which a minimum area of subdivision is prescribed is prescribed in any scheme, shall have a frontage to a street of not less than specified in the following table:

Prescribed minimum area of subdivision	Frontage to Street
1 800 mï ¿ ½	24m
1 400 mï ¿ ½	20m
900 mï ¿ ½	18m
650 mï ¿ ½	15m
400 mï ¿ ½	12m
240 mï ¿ ½	9m
180 mï ¿ ½	9m

except that in respect of land situated in an industrial zone, every subdivision shall have a frontage to a street of not less than 20 m.

(2) (a) The authorised officer may approve a subdivision for which it is impractical to provide the frontage prescribed in subsection (1) subject to the following conditions:

(i) There shall be access from a street by means of an access strip which does not exceed 60 m in length and which has a width -

(aa) in a Special Residential, Maisonette or Extended Residential Zone of not less than 4 m;

(bb) in a General Residential, Duplex or Industrial Zone of not less than 9 m.

(ii) In a zone referred to in (i) (aa) above the width of the access strip may be reduced to not less than 3 m if the authorised officer considers that the gradient of the land in the access strip is too great for vehicular access and if over a length of 15 m from the street boundary the access strip has a width, exclusive of any servitude area, of 5 m in a Special Residential Zone; of 8 m in a Maisonette Zone and of 11 m in an Extended Residential Zone.

(iii) In a zone referred to in (i) (aa) above the length may be increased to 60,96 m and the width of the access strip reduced to not less than 3,65 m at the discretion of the authorised officer if the creation of the access strip was approved by the Council or the authorised officer, as the case may be prior to 18 June 1970.

(iv) When an area of a proposed subdivision in a Duplex Zone is less than 1 200 mï ¿ ½ the width of the access strip may be reduced to not less than 4 m or, if the authorised officer considers that the gradient of the land in the access strip is too great for vehicular access and if over a length of 15 m from the street boundary the access strip has a width of 8 m exclusive of any servitude area, to not less than 3 m.

(v) Except as provided in paragraph (iv) above no access strip in a Duplex, General Residential or Industrial Zone shall have a gradient which the authorised officer considers is too great for vehicular access.

(vi) That portion of the subdivision which excludes the access strip shall comply with the provisions of section 6.

(vii) No access strip shall be located in a position where ingress and egress to or from the street would in the opinion of the authorised officer be hazardous to traffic.

(b) For the purpose of this subsection, an access strip shall be that portion of the subdivision between its street boundary and the rectangular referred to in section 6 and the length of such access strip shall be calculated as the average of the shortest and longest distances of the rectangle from the street boundary as measured within the subdivision.

(3) When a subdivision is severed into two or more portions by the acquisition or expropriation of land for the purpose of creating a street or a railway reserve the authorised officer, at his discretion, may relax any of the requirements or restrictions laid down in this section and sections 6 and 7 insofar as this may be necessary in order to permit the portions thus created to be approved as separate subdivisions in terms of these bylaws.

(M.N. 45/92)

WIDTH AND CONFIGURATION OF STREETS

9. (1) Except as provided in the proviso to subsection (4)(a), no person shall create a new street to a lesser width than -

(a) 24 m where such street serves sites zoned for industrial purposes; provided that where such street is a cul-de-sac not exceeding 500 m in length, the authorised officer may authorise a reduction in width to not less than 18 m;

(b) 16 metres where such streets serves sites zoned for any other purposes, provided that:

(i) the developer shall, in addition to the 16 m street reserve, include within the street additional areas for the purpose of accommodating future bus lay-bys, the location, shape and size of which shall be determined by the authorised officer and future climbing lanes;

(ii) where such streets serves sites zoned for special residential, maisonettes, extended residential or duplex purposes or for purposes complementary to the development or use of such zone or zones and:

(aa) the authorised officer is of the opinion that such street will not become a main traffic route, will not act as a bus route or will not become the route of major services, the authorised officer may authorise a reduction in width to not less than 12 m;

(bb) the authorised officer is of the opinion that such street will not be used as access to the subdivision it serves other than by traffic generated by those subdivisions and the maximum number of dwelling units that may be erected on those subdivisions in terms of the zoning does not exceed 200 units and such street has an outlet at each end, the authorised officer may authorise a reduction in width to not less than 9,5 metres;

(cc) such street is a cul-de-sac and the maximum number of dwelling units that may be erected in terms of the zoning and that have sole access to such street does not exceed 150 units, the authorised officer may authorise a reduction in width to not less than 9,5 metres;

(c) 3 m where the street is to be used solely for pedestrian traffic or 2 m when the street is to be used solely for pedestrian traffic and is situated in an area zoned for special residential, maisonette, extended residential or duplex purposes; provided that such streets shall not be used as sole access to a subdivision.

(2) It shall be a condition of any approval of a street referred to in paragraph (c) of subsection (1) that such street shall not be a street for the purpose of section 8 and, further, that a post or posts or other physical barrier of a type approved by the authorised officer shall be erected at each end of the street to prevent it use by vehicles.

(3) Any new street other than a street referred to in paragraph (c) of subsection (1), not having an outlet for vehicular traffic at each end, shall have at the closed end an area capable of containing:

(a) a circle of not less than 32 m in diameter, with a gradient not greater than 5% in any direction, for streets created in terms of section 9(1)(a);

(b) a circle of not less than 24 m in diameter, with a cross fall not greater than 7% for streets created in terms of section 9(1)(b);

provided that where the authorised officer is of the opinion that it would be impossible or impractical to provide such circle he may permit the closed end of the street to be in the form of a "T" or such other form as he deems satisfactory.

(4) (a) The centre line of a new street other than a street referred to in sub-section (1)(c) shall be a straight line or a series of straight lines joined by horizontal curves and the street reserve boundaries shall be such that nowhere are they closer to the centre line than half the prescribed width of the street or half of such other width as the authorised officer may have authorised; provided that in respect of a curve, the outer road reserve boundary may be closer to the centre line than half the prescribed width of the street or half of such other width as the authorised officer may have authorised by an amount not exceeding 0,25 m or where the permitted road width is 16 m or more, 0,50 m.

(b) The minimum radii of such curves shall be:

(i) for streets created in terms of sections 9(1)(a) and 9(1)(b)(i) 150 m; provided that the radius may be reduced to 90 m if the width of hardening is increased to 8 m;

(ii) for streets created in terms of section 9(1)(b)(ii)(aa), 40m and;

(iii) for streets created in terms of section 9(1)(b)(ii)(bb) and (cc), 30 metres.

(c) All intersections shall be splayed to the satisfaction of the authorised officer to provide adequate sight distance and vehicular capacity at the intersection.

(5) (a) The authorised officer may, at his discretion, approve the creation of a new street of a lesser width than that prescribed in subsection (1) hereof, provided:

(i) it is registered as a right-of-way over only one subdivision in favour of not more than one subdivision; and

(ii) the subdivision having the benefit of the right-of-way shall have other means of access to a street whose width is in compliance with subsection (1).

(b) The authorised officer may, at his discretion, exempt such street from compliance with subsections (1), (2), (3) and (4) of this section and sections 10 to 16 inclusive provided that the requirements of section 3 are complied with insofar as they are applicable to a plan submitted for authority to create such street.

Gradients of Streets

10. (1) No new street other than a street authorised in terms of section 9(1)(c) shall when constructed have a gradient steeper than 10% provided that -

(a) for streets created in terms of section 9(1)(a) and 9(1)(b)(i), a climbing lane shall be provided where the gradient exceeds an average of 7% for 250 m or more;

(b) at his discretion, the authorised officer may authorise an increase in gradient to not greater than 12,5% for streets created in terms of section 9(1)(b)(ii)(aa);

(c) at his discretion, the authorised officer may authorise an increase in gradient to not greater than 16% for streets created in terms of section 9(1)(b)(ii)(bb) and 9(1)(b)(ii)(cc).

(2) The minimum k value shall be:

(i) 20 for streets created in terms of section 9(1)(b)(i) and 9(1)(b)(ii)(aa), with a vertical curve length of not less than 30 m;

where k is defined as the length of vertical curve (in metres) divided by the algebraic difference in intersecting grades expressed as a percentage:

Plans of Civil Engineering Works

11. (1) Before any work contemplated under section 145 (3)(d) of the Ordinance and referred to in sections 12, 13 and 14 is commenced the developer shall:

(a) submit to the authorised officer for his approval a plan or plans of such works bearing the name and registration number of and submitted by a professional engineer; and

(b) pay the prescribed fee.

(2) Every plan shall be drawn in black waterproof ink on a transparent medium of a type approved by the authorised officer using draughting standards and symbols specified in the Fourth Schedule and shall show the following information in relation to the proposed subdivision:

(a) the boundaries of all existing and proposed streets, servitudes, wayleaves and abutting subdivisions;

(b) the positions of any stormwater and foul-water drains and any stormwater and foul-water sewers, water supply pipes, electric and telephone cables and overhead lines which are in such street, servitudes or wayleaves;

(d) the position, width and levels of any street or streets which will give access to any proposed street;

(e) longitudinal sections for any new street showing:

(i) the levels of any existing streets referred to in (d) above;

(ii) the levels, both existing and final, of the ground at the centre line and at both boundaries of the street;

(iii) the levels of any existing and proposed stormwater and foul-water drains and sewers, water supply pipes and electric and telephone cables;

(f) cross sections of the street at longitudinal intervals of 50 m or such lesser intervals as the authorised officer may require and showing all services and works referred to in paragraph (b) and (c) of sub-section (2) as well as all proposed services;

(g) longitudinal sections for any proposed stormwater and foul-water drains showing:

(i) existing ground levels;

(ii) the diameter, grade, class of pipe and levels of all stormwater and foul-water drains that the developer is required to lay;

(iii) the levels of any existing stormwater and foul-water sewers, water supply pipes, and electric and telephone cables;

(h) a block plan showing the locality of the land to be subdivided;

(i) true north direction; and

(j) any other details required by the authorised officer

(3) The datum of the levels shown on such plan shall be mean sea level and the scale of the plan and sections shall be horizontal 1 : 500, vertical 1 : 50, cross-section 1 : 50 or to such other scales as may be approved by the authorised officer.

(4) Details of calculations and tests to prove the adequacy of drains for their intended purpose, shall be submitted with the plan when the authorised officer requires such information.

(5) It shall be an offence for any developer or carry out any work referred to in subsection (1) above or to cause or permit the same to be carried out until the authorised officer has given his approval to and has endorsed the plan or plans submitted in terms of this section.

(6) Plans referred to in sections 12(6)(e) and 14(7)(b) shall be endorsed in the manner prescribed in the Fifth Schedule which endorsement shall be signed by the owner of the copyright in respect of the plan or plans for the purpose of the assignment to the Council of such copyright therein in terms of the Copyright Act, 1978 (Act 98 of 1978).

Extent to which New Streets are to be constructed

12. (1) Every new street shall be formed to the full width of the street to the standard prescribed in the Fifth Schedule and shall:

(a) when the street width is in excess of 12 m, be hardened to the standard specified in section 10 of the First Schedule, to a width of not less than 7m, which width may, at the discretion of the authorised officer, be required to be increased in the vicinity of intersections in areas zoned for industrial purposes to 11 m or to such other width as the authorised officer.

(b) when the street width is 12 m or less, be hardened to the standard specified in section 11 of the First Schedule, to a width of not less than 5,5m.

(c) when the street is to be used solely for pedestrian traffic, be hardened to the standard specified in section 12 of the First Schedule, to a width of not less than 2 m.

(2) When, in the opinion of the authorised officer, the subsoil conditions in any proposed street warrant special treatment, he may require the developer to carry out all or part of the works specified in section 2(5) of the First Schedule.

(3) When in the opinion of the authorised officer, it is necessary or desirable to construct a new street to a higher standard than that prescribed in the First Schedule, he may require the developer to construct the street to such higher standard. Any additional cost to incurred by the developer shall be paid by the Council.

(4) The developer shall erect within or adjacent to any new street or earthworks such retaining walls, fences, steps, posts or bollards to carry out therein such other works as the authorised officer may require.

(5) (a) All works which the developer is required to execute shall be carried out by a person approved by the authorised officer and shall be executed strictly in accordance with the plan approved in terms of section 11(1) ad the provisions of these bylaws. The developer shall not, without the prior written approval of the authorised officer, depart from the approved plan or execute the work otherwise than in accordance with the requirements of these bylaws.

(b) The developer shall be responsible for maintaining and keeping in good order at his cost any works executed by him or on his behalf in terms of this section, either for a good period of twelve months from the date on which the authorised officer has conveyed to him that he is satisfied as to the proper completion of such works or until the land upon which the street is constructed is transferred to the Council, whichever is the later, and shall execute all such work of repair, reconstruction, rectification and making good the defects or other faults as the authorised officer may require in writing during such period. All such work shall be carried out within the period specified by the authorised officer. Should the developer fail to carry out any such work the authorised officer shall be entitled to carry out such work or cause it to be carried out and to recover the entire cost thereof as certified by him from the developer.

(6) The developer shall:

(a) give the authorised officer not less than seven days' notice in writing of his intention to commence the construction of a new street;

(b) not proceed with the hardening of the street until-

(i) the road formation works and sub-base improvements have been approved by the authorised officer; and

(ii) the foul-water and stormwater drains, the water supply pipes, electric and telephone cables, ducts and other services which are to be laid under the street have been laid to the satisfaction of the authorised officer.

(c) not lay the asphalt course prescribed in the First Schedule until the foundation has been approved by the authorised officer;

(d) comply with all the requirements of the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983) with regard to public safety;

(e) upon the completing of all the works, furnish the authorised officer with a copy of a plan depicting the works as actually constructed. Such plan shall be on a transparent medium of a type approved by the authorised officer and shall be drawn to the same scale as the plan of the street approved in terms of section 11(1).

(7) Except as otherwise provided in this section, all new streets shall be constructed in accordance with the requirements of the First Schedule; provided that the authorised officer may approve the use of other material or the adoption of other methods of construction if he is satisfied that the materials or methods which the developer proposes to use will provide a standard of construction and finish which is not lower than that prescribed.

Linking up a New Street and Services

13. The Council shall carry out the linking up of a new street to an existing street at full cost to the developer and shall lay any connecting stormwater sewers and connecting foul-water sewers to connect to the Council's services at the tariffs prescribed by the Council by resolution from time to time; provided that the authorised officer may authorise such work to be carried out by the developer. When the work is carried out by the Council, the developer shall deposit with the authorised officer the cost of the work involved as estimated by the authorised officer and on completion of the work, where the actual cost is greater or less than the amount deposited, any shortfall shall be recoverable from the developer and any excess shall be refunded to him.

Disposal of Stormwater and Foul Water

14. (1) The developer shall upon approval of the plan in terms of section 11(1) lay stormwater and foul-water drains for the conveyance of stormwater and foul water from each of the subdivisions and streets shown on the approved subdivisional plan as well as for the conveyance of natural stormwater run-off from areas not shown on that plan which normally would drain through the land to be subdivided, to outlets approved by the authorised officer either to a standard and specifications required by him or, at the authorised officer's discretion, to the standard and specification prescribed in terms of parts P and R of the National Building Regulations made in terms of the National Building Regulations made in terms of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977).

(2) When the stormwater or foul water from any subdivision or street show on the approved subdivisional plan cannot be conveyed to outlets referred to in subsection (1) otherwise than by means of a drain laid through other land, the developer shall obtain and register in the Deeds Office at his expense, such servitudes over such other land as may be necessary to accommodate such drains; provided that if the developer has difficulty in obtaining the necessary servitudes, the Council may his expense, obtain and register such servitudes.

(3) The stormwater and foul-water drains required in terms of subsection (1) hereof shall:

(a) have a minimum diameter of 300 mm in the case of stormwater drains laid in a servitude or wayleave, of 375 mm in the case of stormwater drains laid in a street and of 150 mm in the case of foul-water drains or be of such larger diameter as the authorised officer may require; provided that the authorised officer may require the developer to lay a foul-water or stormwater drain of a larger diameter than would otherwise be necessary in order to take the foul-water or the developed stormwater run-off from subdivisions or streets not shown on the subdivisional plan and any additional costs thereby incurred by the developer shall be paid by the Council;

(b) be laid within the servitude or street shown on the approved subdivisional plan.

(4) The developed stormwater run-off referred to in subsection (3) shall be determined as the difference between the total stormwater run-off generated as a result of the development of the subdivision or subdivisions, street or streets not shown on the subdivisional plan and the natural stormwater run-off that would have been generated has the subdivision or subdivisions, street or streets not been developed.

(5) All stormwater and foul-water drains required in terms of subsection (1) hereof shall be constructed in accordance with the requirements of the Second Schedule; provided that the authorised officer may approve the use of other materials or the adoption of other methods of construction if he is satisfied that the materials or methods which the developer proposes to use will provide a standard of construction and finish which is not lower than that prescribed.

(6) The developer shall be responsible for maintaining and keeping in good order at his cost any works executed by him or on his behalf in terms of this section either for a period of twelve months from the date on which the authorised officer has conveyed to him that he is satisfied as to the proper completion of such works or until servitudes covering the services are registered in favour of the Council, whichever is the later, and shall execute all such work in repair, reconstruction, rectification and making good the defects or other faults as the authorised officer may require in writing during such period. All such work shall be carried out within the period specified by the authorised officer. Should the developer fail to carry out any such work the authorised officer shall be entitled to carry out such work or cause it to be carried out and to recover the entire cost thereof as certified by him from the developer.

(7) The developer shall:

(a) give the authorised officer not less than seven days' notice in writing of his intention to commence the construction of a foul-water and/or stormwater drain;

(b) upon the completion of all the works, furnish the authorised officer with a copy of a plan or plans submitted by a professional engineer depicting the works as actually constructed together with survey co-ordinates to a degree of accuracy to be determined by the authorised officer of all manholes and inlets shown on the plan or plans. Such plan or plans shall be on a transparent medium of a type approved by the authorised officer and shall be drawn to the same scale as the drainage plan or plans approved in terms of section 11(1).

(8) If the stormwater and foul-water drains serve only one sub-division the authorised officer may, at his discretion, permit stormwater and foul-water discharge by means of a house connection only, provided such connection is covered by a registered servitude.

Refunds

15. (Repealed by M.N. 165/92)

Endowment

16. (1) An endowment to finance the provision by the Council of open space in accordance with town planning requirements equal to 10% of the value of every subdivision shown on the approved subdivisional plan in a residential zone shall be payable by the developer; provided that such endowment shall be 7,5% in respect of a subdivision in a Special Residential zone for which a minimum plot size of 1 400 mï ¿ ½ has been prescribed and shall be 5% in respect of a subdivision in a Special Residential zone for which a minimum plot size of 1 800 mï ¿ ½ has been prescribed; provided further that no such endowment shall be payable:

(a) upon a remainder;

(b) when, in the opinion of the authorised officer, the sole purpose of the subdivisional application is to effect an adjustment of the boundary of an existing subdivision or subdivisions or to improve the subdivisional layout and if, as a result of the approval of the subdivisional application, the number of subdivisions that may be developed in accordance with the applicable scheme is not increased;

(c) when two or more existing subdivisions that may be developed in accordance, with the applicable scheme are consolidated and further subdivided, so that there is no increase in the number of such subdivisions;

(d) when the land is required to be subdivided to give effect to the expropriation or acquisition of a portion thereof by the State or a public body for public purposes.

(2) When two or more existing subdivisions that may be developed in accordance with the applicable scheme are consolidated and simultaneously further subdivided so that there is an increase in the number of subdivisions, endowment in terms of subsection (1) shall only be payable on those subdivisions determined by the authorised officer as being in excess of the original number.

(3) For the purpose of subsection (1) the value of a subdivision shall be fixed by mutual agreement between the authorised officer and the developer or failing agreement, by a panel of independent valuers who shall be members of the South African Institute of Valuers.

(4) The panel of independent valuers referred to in subsection (3) hereof shall consist of three independent valuers. One of the independent valuers shall be nominated by the authorised officer and one by the developer. The third member of the panel shall be nominated by the other two members thereof. The decision of the panel of independent valuers shall be final. One half of the fees of members of the panel shall be paid by the Council and the other half by the developer.

(5) The authorised officer may in his discretion agree to accept, in lieu of the whole or any portion of the endowment payable in terms of sub-section (1), the donation and transfer to the Council free of all cost by the developer of a portion or portions of land which in his opinion has a market value which is not less than the said endowment or portion thereof as the case may be, subject to the authorised officer being satisfied that by reason of the size, shape, situation, accessibility and topography such land would be suitable for open space purposes.

Certificate of Approval

17. No certificate in respect of a subdivision shown in an approved subdivisional plan shall be issued by the authorised officer unless and until the developer shall have:

(a) furnish the authorised officer with the information and the plan or plans referred to in sections 12(6)(e) and 14(7)(b) and submitted a certificate signed by a professional land surveyor certifying that the servitudes shown on the approved application plan cover the services actually laid;

(b) paid by endowment imposed by section 16 in respect of such subdivision, or entered into an agreement to donate land in lieu thereof as the case may be;

(d) complied with the requirements of section 18 in respect of that subdivision; provided that the authorised officer may, on application to him, authorise the developer to develop or dispose of the land covered by the approved subdivisional plan in phases and in the event of such authority being granted, he may issue a certificate in respect of a subdivision falling within any phase upon the fulfilment by the developer of the requirements of paragraphs (a), (b) and (c) above and of this paragraph in respect of that phase.

Approved Diagram or General Plan of Subdivision or New Street

18. Every person who lodges a diagram or general plan with the Surveyor-General for approval shall, within 14 days of the approval of such diagram or plan, lodge with the authorised officer and to his satisfaction a legible copy to the same scale as the original diagram or plan.

Delegation of Powers to the Authorised Officer

19. (1) Subject to the provisions of subsection (2) hereof the power conferred upon the Council by sections 143(2), 144, 145, 147, 149 and 150 of the Ordinance are hereby delegated to the authorised officer; provided that the authorised officer may, notwithstanding such delegation, refer any application for the approval of a subdivisional plan to the Council.

(2) Whenever the authorised officer disapproves a plan, or approves a plan subject to the conditions or whenever in terms of these bylaws a discretion is conferred upon the authorised officer to grant a concession or to relax any provision or requirement of these bylaws, any person aggrieved by the authorised officer's disapproval or the conditions imposed or his decision refusing to grant such concession or to relax such provision or requirement, may, within 21 days of the date of the notice advising him of the decision, appeal to the Council or to any committee thereof to which this function has been delegated. In the event of such an appeal being lodged, the authorised officer shall forward the relevant documents, together with his report thereof, to the Town Clerk for consideration by the Council or the Committee, as the case may be.

Offences and Penalties

20. (1) Any person who -

(a) contravenes any provision of these bylaws; or

(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of these bylaws; or

shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed for the offence by section 266(7)(a) of the Local Authorities Ordinance, No. 25 of 1974.

(2) Failure to comply with the terms of any conditions or notice referred to in subsection (1)(b) or (c) above shall constitute a continuing offence and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.

21. The Bylaws relating to the sub-division of land and new streets published on 26 November 1964 under Provincial Notice 488 are hereby repealed.

FIRST SCHEDULE

SPECIFICATION FOR ROADWORK

Soil Survey

1. When required by the authorised officer, a soil survey along the line of the proposed roads shall be undertaken by the developer. The survey shall be carried out by taking borings along the centre line of the roads at intervals of not more than 100 m and at obvious changes of soil type. The borings shall be to a depth of 1 mï ¿ ½ below the finished road level. Samples of materials shall be tested and the soil types and California Bearing Ratio (CBR) values as determined in accordance with the standard methods of testing materials and specifications approved by the Division of Civil Engineering of the Department of Transport, shall be reported by the developer to the City Engineer.

Earthworks and Formation

2. (1) The street shall be cut and trimmed to the cross section required by the City Engineer in each case. Where, owing to the conformation of the ground, cutting and/or filling is required at the sides of the formation, the slopes of the cut or fill shall not be steeper than one vertical to two horizontal, except with the written consent of the authorised officer.

(2) Where filling is required:

(a) the thickness of any one layer of fill up to 1 m below formation, that is the top of the sub-grade, shall not exceed 150 mm after compaction using static rollers, or 300 mm using vibratory rollers;

(b) the top 1 m layer of fill below formation shall be carried out in layers not exceeding 150 mm thickness;

(i) 93% Modified AASHTO up to 1 m below formation level; and

(ii) 95% Modified AASHTO for the top 1 m layer below formation level;

(d) the moisture content during compaction of the top 1 m layer below formation as determined by the modified AASHTO compaction test shall be optimum ï ¿ ½ 2%.

(3) In the areas where normal compaction is ineffective, e.g., behind bridge abutments or alongside retaining walls the fill material shall be placed in layers not exceeding 150 mm and compaction achieved by the use of mechanical rammers or vibratory rollers to a minimum density of 95% modified AASHTO.

(4) The formation shall be inspected and approved in writing by the City Engineer before any further road materials are placed.

(5) Where the sub-grade is considered by the City Engineer to be unsuitable or unstable, soil shall be removed to a depth determined by the City Engineer and approved granular material substituted and compacted to the satisfaction of the City Engineer.

If required by the City Engineer an approved subsoil drainage system shall be installed.

Sub-Base

3. (1) A layer of approved 37,5 mm graded crushed stone complying with table 10 of SABS 1083 shall be spread over the area to be covered by the granular base and compacted to a thickness of 150 mm at a density of not less than 98% modified AASHTO. The compacted thickness shall be 100 mm for footways.

(2) A representative sample of the graded crushed stone to be used shall be submitted for approval to the City Engineer's materials laboratory at least seven days before roadways are commenced.

Materials for Roadways

4. (1) The tack cost shall be a spray grade 60% cationic and anionic emulsion complying with SABS 548 or 309, as the case may be.

(2) The bitumen binder shall comply with SABS 307 and shall have a penetration of 40/50.

(3) For continuously graded asphalt the base course shall consist of either Natal Sandstone (Quartzite) or grey/blue Dwyka Tillite, both complying with Table 5 of SABS 1083 and having a Los Angeles abrasion test value of 50 maximum, and the wearing course shall consist of clean, hard, unweathered Natal Sandstone (Quartzite) complying with Table 5 of SABS 1083 and having a Los Angeles abrasion test value of 40 maximum.

(4) Fine aggregate shall be all the mineral matter passing a 2,36 mm sieve and retained on a 0,075 mm sieve, shall consist of freshly crushed grey/blue Dwyka Tillite and shall be well graded throughout the range with a minimum sand equivalent of 50.

(5) Filler shall be finely ground particles of natural freshly crushed stone or other approved commercial non-plastic material having not less than 75% passing a 0,075 mm sieve.

(6) The coarse and fine aggregate and filler shall be combined to produce a continuously graded material, the grading of which shall comply with the following:

Sieve size in mm	% Passing by mass
19,0	100
13,2	96 ï ¿ ½ 4%
9,5	82 ï ¿ ½ 8%
4,75	60 ï ¿ ½ 8%
2,36	44 ï ¿ ½ 8%
1,18	32 ï ¿ ½ 6%
0,60	23 ï ¿ ½ 6
0,30	15 ï ¿ ½ 5%
0,15	9 ï ¿ ½ 3%
0,075	6 ï ¿ ½ 2%

Residual bitumen by mass (40/50) penetration) : 5,0 ï ¿ ½ 0,3%.

Materials for Footways

5. (1) The course aggregate shall consist of either Natal Sandstone (Quartzite) or grey/blue Dwyka Tillite, both complying with Table 5 of SABS 1083 as detailed in the Fourth Schedule and having a Los Angeles abrasion test value of 50 maximum.

(2) Fine aggregate shall be all the mineral matter passing the 2,36 mm sieve and retained on a 0,075 mm sieve, shall consist of freshly crushed grey/blue Dwyka Tillite and shall be well graded throughout the range with a minimum sand equivalent of 50.

(3) The grading of the aggregate used in the footways shall comply with the following:

Sieve Size in mm	% passing by mass
9,5	100
4,75	90 ï ¿ ½ 10%
2,36	50 ï ¿ ½ 10%
1,18	34 ï ¿ ½ 6%
0,60	23 ï ¿ ½ 5%
0,30	15 ï ¿ ½ 5%
0,15	9 ï ¿ ½ 3%
0,075	6 ï ¿ ½ 2%

Residual bitumen by mass (40/50) penetration) : 5,0 ï ¿ ½ 0,3%.

Preparation of Materials

6. (1) Bitumen shall be heated at the mixing plant to a temperature not exceeding 170C and the temperature of the asphalt on arrival at the site shall be between 130C and 170C.

(2) The use of drum mixers is not permitted without the prior written consent of the authorised officer.

Placing of Asphalt

7. (1) Asphalt shall be placed by a spreading and finishing machine approved by the authorised officer; provided that hand-laying may be permitted at the authorised officer's discretion when the area involved is small.

(2) Asphalt shall not be placed if it is at a lower temperature than 130 centigrade when delivered to site.

(3) No asphalt shall be placed unless the surface of the lower layer is dry nor shall asphalt be placed if it is raining or if there is any doubt as to whether it can be properly compacted before the rain starts.

(4) Any asphalt which in the opinion of the authorised officer's representative is improperly compacted prior to rain falling on it, shall be cut out and replaced at the expense of the developer.

(5) If material which does not comply with the specification is delivered to the site the authorised officer's representative may order the developer to remove such material at his own expense.

(6) Joints shall be cut back to a straight line and given a tack coat of bitumen before the abutting strip is laid.

Rolling of Asphalt

8. (1) Asphalt shall be rolled to the correct levels, grades, cross falls and cambers by means of a 10/12 ton steel roller.

(2) Rolling of asphalt shall commence as soon as the roller can operate without picking up asphalt and before the temperature of the asphalt falls below 100C and the roller shall move in all cases at uniform speed not exceeding 5km/h.

(3) Rolling faces shall not be lubricated with any oil.

(4) Rolling shall continue until the asphalt has been compacted to a final density of not less than 98% of the Marshall density of the mix.

(5) No traffic shall be allowed on the surface for one hour after completion of rolling.

Testing of Asphalt

9. The City Engineer shall be advised 3 days before the laying of the asphalt and the City Engineer's materials laboratory shall carry out whatever tests are considered necessary to ensure compliance with the specification.

Hardening of Streets with a Width in excess of 12 m

10. (1) For streets with a width in excess of 12m, hardening shall consist of a compacted thickness of 150 mm of asphalt laid in layers so that the final layer has an average thickness of 50 mm.

(2) A haunch shall be laid along one or two edges of the hardening as required by the City Engineer and shall be constructed on the asphalt hardening, an additional width of which shall be provided for this purpose; provided that the developer may, in lieu of such haunch, lay precast concrete kerb.

Extruded asphalt haunch shall consist of asphalt complying with the requirements of section 5(3) of this Schedule.

Extruded concrete haunch shall be constructed of concrete having a 28 day strength of 30 MPa with contraction joints formed every 2 m and expansion joints every 6 m on straight sections and at every 2 m on curves having a radius less than 50 m.

Haunches shall have a height of 150 mm with a 250 mm wide base sloping uniformly on both sides to a top width of 100 mm, and shall be constructed by an approved machine, provided that hand laying with the use of properly designed steel forms may be permitted at the authorised officer's discretion when the length involved is small.

Hardening of Streets with a Width of 12 m of Less

11. (1) For streets with a width in excess of 12m or less, hardening shall consist of a compacted thickness of 100 mm of asphalt laid in two layers each averaging 50 mm thickness.

(2) A precast concrete kerb shall be provided as specified in section 10(2) of this Schedule.

Hardening of Pedestrian Streets

12. (1) For streets with a width in excess of 3 m or less, hardening shall be as follows:

(a) Where the grade of the street is not steeper than 12,5% hardening shall consist of a compacted average thickness of 25 mm of asphalt;

(b) Where the grade of the street is steeper than 12,5% but not steeper than 20%, concrete with a 28 day crushing strength of 20 MPa shall be placed to a depth of 100 mm and well rammed to form a solid slab. Expansion joints consisting of a compressible material and an approved polysulphide filler shall be provided at intervals not exceeding 10m. The surface of the concrete shall be screeded and finished with a wood float to give a rough texture and shall thereafter be ribbed to give a non-slip surface;

(c) Where the grade is steeper than 20% it shall be broken intermittently by flights of concrete or brick steps so that the grades between flights shall not be steeper than 20%. Each flight of steps shall consist of not more than 16 steps, each with a uniform rise of not more than 160 mm and a uniform tread of not less than 270 mm and shall be separated from adjoining flights by a landing not less than 1 m in length. A handrail constructed of 48 mm outside diameter galvanised iron water pipe with screwed or welded joints shall be provided on one side of each flight of steps at a height of 1 m above the heads of the steps and all uprights shall be securely fixed or embedded in concrete. All welded or ungalvanised exposed surfaces shall be protected to the authorised officer's approval and all pipes shall be primed and painted to the satisfaction of the authorised officer.

(2) All hardened areas, steps and landings shall be given a cross fall at the rate of 4% to one side along which shall be laid half-round precast concrete channels to the satisfaction of the authorised officer to outlets approved by the authorised officer.

SECOND SCHEDULE

SPECIFICATION FOR DRAINAGE

SAMPLES

1. (a) Samples of the various materials to be used are to be submitted if required by the authorised officer.

(b) If the material supplied does not comply with the standards prescribed in this schedule the authorised officer's representative is empowered to condemn any such material and to order its removal from the site.

Water

2. All water used for making concrete, mortar, grout or for washing foundations shall be perfectly clean, and shall be drawn from the City water supply where available.

Cement

3. Cement to be used throughout the works shall comply with SABS 471 or 831 or BSS 915 (Part 2) for High Alumina Cement (Metric Units).

Aggregate for Concrete

4. Fine and coarse aggregates shall comply with SABS specification 1083: Table 1 for stand, Table 5 for stone and Table 9 Category 2 for grading of stone.

Mortar

5. Mortar sand shall comply with SABS 1090 and mortar shall comply with SABS 0145 and shall be class 1.

Reinforcing Steel

6. All steel shall comply with the requirements of SABS 920 and shall be freshly rolled, free from scale or rust and of the full size of the section required. Reinforcing rods shall be cut and shaped according to the drawings.

Bricks

7. (a) All bricks shall be approved best quality of the respective types specified, and shall, as far as it is applicable, comply with the requirements of SABS 227 Table 1.

(b) Bricks for handballs, retaining walls and foul-water sewer manholes shall be category FBS or equivalent.

Pipes and Fittings

8. (a) Pipes and fittings for stormwater drains shall be of reinforced concrete of the spigot and socket type with rubber ring joints or of fibre reinforced cement complying with SABS 677 or 819, respectively.

(b) Pipes and fittings for foul-water drains shall be of vitrified clay, fibre reinforced cement or heavy duty unplasticised polyvinyl chloride complying with SABS 559, 819 or 791, respectively.

Sub-Soil Drains

9. Sub-soil drains shall consist of either:

(a) 19 mm or 25 mm grade 5 single-size stone complying with SABS 1083 - 1976 wrapped in approved drainage grade filter fabric with a 200 mm overlap at the top of the drain, to form a 500 mm x 200 mm section with a minimum of 100 mm layer of coarse clean sand surrounding the 500 mm x 200 mm section; or

(b) approved sub-soil drainage pipes, wrapped in approved drainage grade filter material with a minimum overlap of 100 mm at the top of the pipe. The drain shall be covered with a clean coarse sand compacted to 95% modified AASHTO.

Manhole Covers and Frames

10. Manhole covers and frames within roadways shall be Type II Heavy Duty Cast Iron complying with SABS 558 and marked "D.C. Sewerage" or "D.C. Stormwater" as appropriate. Heavy duty precast concrete covers and frames which shall withstand a force of 70 kN shall be provided in verges or wherever vehicular traffic may be expected in private premises. In all other cases light duty precast concrete covers and frames which shall withstand a force of 20 kN shall be used.

Manholes

11. Manholes shall be placed at every change in horizontal and vertical direction or at a maximum spacing of:

100 m for pipes up to and including 900 mm diameter;

150 m for pipes over 900 mm diameter up to and including 1 200 mm diameter; and

200 m for pipes over 1 200 mm diameter.

Manholes shall be constructed of brick or 1 m internal diameter class A precast concrete ring units complying with SABS 1294, provided that ring units shall only be used where the depth of the manhole does not exceed 5 m for manholes on pipes up to and including 375 mm diameter where a junction occurs and up to and including 600 mm diameter with no junction.

Step irons shall not be provided.

Excavations

12. (1) No excavation for a manhole or drain shall proceed in close proximity to an underground service until location of such service has been established by means of trial holes. When it becomes apparent that such service might be endangered, the authorised officer shall be advised and his decision awaited before excavation proceeds.

(2) Adequate steps shall be taken to support the sides of any excavation and any structure, work or service that may be affected thereby, and to maintain the excavation free from water from any source. Water shall be discharged only at points approved by the authorised officer and work shall only be executed under water with the written approval of the authorised officer.

(3) Any excavation which has been carried below the required level shall be refilled to the correct level with concrete of proportions 1: 5: 10 by volume of cement, sand and coarse aggregate respectively.

(4) Where, in the opinion of the authorised officer, the bottom of the excavation is not sufficiently stable, he may direct:

(a) that the bottom of the excavation shall be well rammed and consolidated; or

(b) that unstable soil shall be removed to a depth to be determined by him and replaced by either 12 mm single size stone or a concrete mat as directed by the authorised officer's representative.

(5) A concrete mat shall not exceed 150 mm in thickness, and shall consist of proportions 1: 3: 6 by volume of cement, sand and coarse aggregate respectively and shall extend for not less than 75 mm beyond each side of the drain.

Laying and Jointing of Drains

13. Each drain shall be laid true to level and grade and in a straight line between manholes. Laying shall commence at the lower end and proceed towards the higher end. The joining of all pipes shall be neatly executed and all work shall be to the satisfaction of the authorised officer.

Backfilling of Excavations

14. (1) No excavation shall be backfilled after a drain has been laid therein until the permission of the authorised officer's representative has been obtained. Backfilling shall be undertaken in layers not exceeding 150 mm in depth with soil free from stone, and each layer shall be compacted thoroughly until the filling has reached a depth of 450 mm above the top of the pipe. Thereafter, backfilling may proceed in layers not exceeding 300 mm in depth, each layer being thoroughly compacted in turn before the next layer is added.

(2) Backfilling shall be compacted to a density of not less than 95% modified AASHTO and shall be inspected and approved by the authorised officer's representative.

Minimum Cover

15. Provided that lesser depths of cover may be permitted at the discretion of the authorised officer the minimum depth of cover to the outside of the barrel of the pipe for sewers shall be:

in servitudes : 0,800 m;

in footways : 1,000 m below final kerb level;

in roadways : 1,200 m below final kerb level.

THIRD SCHEDULE

SCHEDULE OF SABS SPECIFICATIONS

The following specifications shall apply to these bylaws:

SABS 927 - 1969 : Precast concrete kerbs and channels;

SABS 309 - 1972 : Anionic bitumen road emulsions;

SABS 471 - 1971 : Portland cement and rapid hardening Portland cement;

SABS 548 - 1972 : Cationic bitumen road emulsions;

SABS 558 - 1973 : Cast iron surface boxes and manhole and inspection covers and frames;

SABS 559 - 1970 : Vitrified clay sewer pipes and fittings;

SABS 831 - 1971 : Portland cement 15 and rapid hardening Portland cement 15;

SABS 1083 - 1976 : Aggregate from natural sources;

SABS 1090 - 1976 : Sand for plaster and mortar;

SABS 0145 - 1978 : Concrete masonry construction;

SABS 1294 - 1981 : Precast concrete manhole sections and slabs;

All as published by General Notice 463 of 9 July 1982;

SABS 227 - 1986 : Burnt clay masonry units, as published by General Notice 936 of 16 May 1986;

SABS 677 - 1986 : Concrete non-pressure pipes, as published by General Notice 1584 of 1 August 1986;

SABS 791 - 1986 : Unplasticised polyvinyl chloride (uPVC) sewer and drain pipes and pipe fittings, as published by General Notice 358 of 20 February 1987;

SABS 819 - 1985 : Fibre-cement pipes, coupling and fittings for sewerage, drainage and low-pressure irrigation as published by General Notice 2329 of 18 October 1985; and

SABS 920 - 1985 : Steel bars for concrete reinforcement, as published by General Notice 6 of 3 January 1986.

(P.N. 322/87)

FOURTH SCHEDULE

CITY ENGINEER'S DEPARTMENT

DRAUGHTING SYMBOLS AND STANDARDS

As all engineering drawings are microfilmed, the following standards are to be observed to ensure legible reproductions.

1. Although new work should generally be shown in bolder lines and existing work in thinner lines, lines for new work shall have a minimum thickness of 0,25 mm varied in accordance with the symbols shown below.

2. A minimum clear spacing between lines of 1 mm is required;

3. The minimum height of upper-case letters should be 2,5mm;

4. Letters should be well spaced out;

5. Where relevant, the following data shall be shown:

(a) North point

(b) Co-ordinates

(d) Type of Pipe

(e) Locality sketch

(f) Scale

6. As microfilm is monochromatic, colour is of no value. Plans shall be drawn in black waterproof ink and printing shall be stencilled;

7. The following system of symbols shall be used on the engineering plan, which shall be of a minimum size of A1:

(M.N. 165/92)

FIFTH SCHEDULE

ASSIGNMENT OF COPYRIGHT : PLANS OF CIVIL

ENGINEERING WORKS

Endorsement in terms of section 11(6)

D.S.P.

I, the undersigned, as the owner of the copyright in the plan on which this endorsement appears, in terms of section 21 of the Copyright Act, 1978 (Act 98 of 1978), by virtue of the fact that:

(i) I am the author of such plan,

(ii) I am the employer of the author of the plan which was prepared by him in the course and scope of his duties,

(delete whichever is inapplicable)

do hereby assign such copyright for all purposes to the Durban City Council.

SIGNATURE DATE

State full names:

Address:

SIXTH SCHEDULE

TARIFF OF FEES:

1. (a) Application fee for approval of a plan submitted in terms

of Section 3 of the Bylaws relating to the Subdivision of Land

and New Streets R1100,00