Lasqueti Island Official Community Plan Bylaw No. 77
This is a readable copy of the adopted bylaw, taken from the PDF we hold. It is a convenience copy. It is not the legal instrument. Where this text and the original disagree, the original governs.
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LASQUETI ISLAND LOCAL TRUST COMMITTEE OFFICIAL COMMUNITY PLAN BYLAW NO. 77, 2005 AS AMENDED BY THE LASQUETI ISLAND LOCAL TRUST COMMITTEE BYLAW: 86 NOTE: This Bylaw is consolidated for convenience only and is not to be construed as a legal document. Consolidated: January 2011 Lasqueti Island Official Community Plan Bylaw No. 77, 2005
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Lasqueti Island Official Community Plan Bylaw No. 77, 2005 This copy is consolidated for convenience only and includes the following TEXT amendments only: Bylaw Number Amendment Number Adoption Date Bylaw No. 86 Amendment No. 1, 2010 September 2, 2010
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Lasqueti Island Official Community Plan Bylaw No. 77, 2005 TABLE OF CONTENTS Page Number
PART 1 - PREAMBLE .................................................................................................................................. 2 1.1. OFFICIAL COMMUNITY PLAN ................................................................................................... 2 1.2. LOCAL GOVERNMENT .............................................................................................................. 2 1.3. INTERGOVERNMENTAL AND CORPORATE MATTERS......................................................... 2 1.4. ISLAND CONCERNS AND ISSUES ........................................................................................... 3 1.5. CONSULTATION......................................................................................................................... 3 1.6. LEGAL BASIS.............................................................................................................................. 3
PART 2 – ADMINISTRATION ...................................................................................................................... 4 2.1. ADVOCACY POLICIES AND INFORMATION NOTES .............................................................. 4 2.2. AREA OF JURISDICTION........................................................................................................... 4 2.3. SEVERABILITY ........................................................................................................................... 4 2.4. UNITS OF MEASUREMENT ....................................................................................................... 4 2.5. NUMBERING............................................................................................................................... 4 2.6. COVENANTS .............................................................................................................................. 4 2.7. COMPLIANCE ............................................................................................................................. 6 2.8. OWNERS COSTS ....................................................................................................................... 6
PART 3 – OFFICIAL COMMUNITY PLAN................................................................................................... 7 3.1. RESIDENTIAL LAND USE ........................................................................................................ 10
3.2. ENTERPRISE AND RESOURCE: COMMERCIAL, INDUSTRIAL, AGRICULTURAL AND FORESTRY LAND USE............................................................................................................ 11 3.3. HERITAGE, ARCHAEOLOGIC AND HISTORIC MATTERS .................................................... 14 3.4. COMMUNITY STEWARDSHIP ................................................................................................. 15 3.5. LANDS IDENTIFIED AS SUBJECT TO HAZARDOUS CONDITIONS ..................................... 17 3.6. ENVIRONMENTAL MANAGEMENT......................................................................................... 17 General ..................................................................................................................................... 17 Marine Coastal Areas.............................................................................................................. 18 Water Source Area .................................................................................................................. 19 3.7. COMMUNITY SERVICING AND UTILITIES ............................................................................. 20 Boats and Maritime Vessels................................................................................................... 21 Ferry Service............................................................................................................................ 22 Road System............................................................................................................................ 22 Garbage Disposal.................................................................................................................... 22 Water Resources..................................................................................................................... 23 Sewage Disposal..................................................................................................................... 23 Utilities ..................................................................................................................................... 23 3.8. CROWN LANDS........................................................................................................................ 23 General ..................................................................................................................................... 24 Access On and Across Crown Land ..................................................................................... 24 3.9. CLIMATE CHANGE ADAPTATION AND MITIGATION ............................................................ 25 Climate Change Adaptation and Mitigation Objectives ...................................................... 26 Climate Change Adaptation and Mitigation Policies ........................................................... 26 Advocacy Policies................................................................................................................... 26 SCHEDULE B LAND USE DESIGNATION MAP.................................................................................... 28
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LASQUETI ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 77 *************************************************************************************************************** A BYLAW TO ADOPT AN OFFICIAL COMMUNITY PLAN FOR THE LASQUETI ISLAND LOCAL TRUST AREA *************************************************************************************************************** WHEREAS Section 29 of the Islands Trust Act gives the Lasqueti Island Local Trust Committee the same power and authority of a Regional District under Part 26 except sections 932 to 937 and 939 of the Local Government Act; AND WHEREAS the Lasqueti Island Local Trust Committee wishes to adopt an Official Community Plan; AND WHEREAS the Lasqueti Island Local Trust Committee has held a public hearing; NOW THEREFORE the Lasqueti Island Local Trust Committee enacts as follows: 1. TITLE This Bylaw may be cited for all purposes as the “Lasqueti Island Official Community Plan Bylaw, 2005”. 2. BYLAW REPEAL 1. Bylaw No. 16 cited as “Lasqueti Island Rural Land Use Bylaw, 1986” and all of its amendments are repealed. 2. Bylaw No. 27 cited as “Lasqueti Island Trust Committee Bylaw Infraction Investigation Bylaw No. 27, 1990” is repealed. 3. SCHEDULES The following Schedules, attached to and forming part of this Bylaw, are adopted as “Lasqueti Island Official Community Plan Bylaw, 2005”: Schedule A – Official Community Plan Document Schedule B – Official Community Plan Map READ A FIRST TIME THIS 10 th DAY OF June 2005 PUBLIC HEARING HELD THIS 12 th DAY OF August 2005 READ A SECOND TIME THIS 12 th DAY OF August 2005 READ A THIRD TIME THIS 12 th DAY OF August 2005 APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 4 th DAY OF October 2005 APPROVED BY THE MINISTER OF COMMUNITY SERVICES THIS 27th DAY OF September 2006 ADOPTED THIS 25th DAY OF October 2006 SECRETARY CHAIRPERSON
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SCHEDULE A – OFFICIAL COMMUNITY PLAN DOCUMENT
PART 1 - PREAMBLE
1.1. Official Community Plan The purpose of this official community plan bylaw is to further the object of the Islands Trust Act through long-range land use policy for the Lasqueti Island Trust Committee Area. This Bylaw contains the statements of community goals, objectives and policies for present and future land use and development. These policies are designed to direct and guide future actions of the Lasqueti Island Local Trust Committee and inform other levels of government and the general public of the community’s expectations for the use and development of the Area.
1.2. Local Government As a designated island within the Islands Trust, Lasqueti has two locally elected Trustees who along with a chairperson (an Islands Trust Executive Committee Member) constitute the three member Lasqueti Island Local Trust Committee, which is responsible for land use planning within the Lasqueti Island Local Trust Area. The responsibility of local planning is vested in this Local Trust Committee. The Local Trust Committee may appoint an Advisory Planning Commission for the purpose of providing advice on local planning matters. The Island is also represented on the Powell River Regional Board by a locally elected Electoral Area Director. The Regional Board is responsible for provision and administration of services authorized in the Local Government Act and opted for by voters in the Lasqueti Electoral Area.
1.3. Intergovernmental and Corporate Matters Attainment of certain land use and development objectives set forth in this bylaw and the balance among them is influenced by the manner, in which the natural resources of Lasqueti Island and its surrounding islets and waters are managed, and the type and level of services provided by other government agencies and corporations. Jurisdictional responsibility for resource management lies with agencies of the Provincial Government and certain Federal Ministries, not with the Lasqueti Island Local Trust Committee. Similarly, the regulation of matters such as sewage and garbage disposal, protection of water supplies, control of pollution, provision of highways, ferry service, and public utilities is not within the jurisdiction of the Local Trust Committee. However, their regulation or management can significantly influence achievement of this bylaw's land use and development objectives. Recognizing and accepting such circumstances, the Local Trust Committee presents objectives on these matters as expressions of its concerns and interests. The Committee will cooperate with and seek the assistance of the agencies with jurisdictional responsibilities in order to effect management and regulation which brings benefits to the Lasqueti Island community and the Province generally, while retaining the inherent capacity of the Island's resources. Where agencies of other levels of government are themselves developing or regulating aspects of development in the Local Trust Area, it is the objective of the Local Trust Committee to liaise and cooperate with such agencies to encourage development or implementation of development regulations which assist in the realization of the Local Trust Committee's objectives.
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1.4. Island Concerns and Issues Lasqueti Island is a rural island community whose philosophy towards its future is keyed to minimizing adverse environmental and social impacts of increased population and development upon the Island and it surrounding waters. There are concerns regarding the: 1. Preservation and maintenance of a rural island community; 2. Maintenance of privacy and freedom of the Island's people; 3. Conservation of agricultural lands, forest lands, fresh water supplies, and foreshore areas; 4. Encouragement of local employment consistent with protection of the community and natural environment. Relevant land use and development issues centre on the type of land uses, compatibility of land uses, density of development, management of natural resources, maintenance of fresh and marine water quality, transportation, and levels of community services.
1.5. Consultation The Lasqueti community has a long tradition of addressing difficult and complex issues through a process of community dialogue. Such a process allows all views to be heard and respected, common ground identified, and agreement built out of a shared vision, despite divergent views. To these ends, promotion of a healthy, democratic political atmosphere can be accomplished through the use of a broad range of consensus building tools including but not limited to meetings, questionnaires, task groups and formal advisory polls by secret ballot. Due to fair, equitable, and good governance practices, it needs to be noted, that the Lasqueti Island Local Trust Committee must keep an open mind and refrain from making a final decision until the adoption or the enactment of any bylaw is considered.
1.6. Legal Basis The Islands Trust Act gives the Islands Trust (including the Lasqueti Island Local Trust Committee) the power and authority of a Regional District under Part 26 except sections 932 to 937 and 939 of the Local Government Act. Section 884(2) of Part 26 of the Local Government Act requires that all bylaws enacted or works undertaken by the Islands Trust or a Regional District must be consistent with this Official Community Plan.
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PART 2 – ADMINISTRATION
2.1. Advocacy Policies and Information Notes Where a paragraph or sentence in this Bylaw is written in italics and is preceded by the words “Information Note”, the contents of the paragraph or sentence are provided as reference information only to assist in understanding the Bylaw. Where matters are outside the jurisdiction of the Local Trust Committee, this Plan contains broad community objectives in the form of Advocacy Policies. These policies show where the Local Trust Committee encourages others to take actions to further the objectives of the Plan. This Plan cannot and does not represent a commitment from other agencies to act according to community objectives.
2.2. Area of Jurisdiction This bylaw is applicable to the Lasqueti Island Local Trust Area as described in Schedule B, attached to and forming part of this bylaw.
2.3. Severability If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision should not affect the validity of the remaining portions of this bylaw.
2.4. Units of Measurement Metric dimensions are used in this Bylaw. Imperial equivalents, shown in parentheses ( ), are approximate, and provided for convenience only.
2.5. Numbering The reference system used in this Bylaw is: Part: 1 Section: 1.1 Subsection (1) Article: (a) Clause: (i)
2.6. Covenants Where under this Bylaw an owner of land is required or authorized to grant any covenant, the covenant shall be granted to the Lasqueti Island Local Trust Committee (Local Trust Committee) in priority to all financial charges and all other covenants and easements (whether registered or not) and delivered in registerable form, satisfactory to the Local Trust Committee, prior to the granting of the approval or authorization in respect of which the covenant is required. The covenant shall indemnify the Local Trust Committee in respect of any fees or expenses it may incur as a result of a breach of the covenant by the covenanter.
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The Islands Trust Fund, the conservation branch of the Islands Trust, has the authority to acquire land donations, financial donations, as well as holding covenants for the purposes of preserving and protecting the environment; the Kwel Nature Sanctuary on Lasqueti Island, shown above and right, is an example of a property donated to the Islands Trust Fund. Covenants provide protection of the environment, while allowing the land owner to maintain ownership of the property.
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2.7. Compliance (1) Conformity (a) No person may use or occupy or permit any land, water surface, building or structure to be used or occupied, or subdivide any land, except as permitted by this Bylaw. (b) No person may construct, reconstruct, place, alter, extend or maintain any building, structure and sign except as permitted by this Bylaw. (c) Nothing contained in the bylaw relieves any person from the responsibility to comply with other legislation applicable to their use of land, buildings or structures. (d) The use of land, buildings or structures that is lawful at the time of adoption of this Bylaw, although not conforming to the provisions of this Bylaw, shall be considered as “legal non-conforming”, and continued subject to the provisions of Section 911 of the Local Government Act. (2) Inspection (a) Islands Trust staff, including the Bylaw Investigations Officer and any other officer who may be appointed in that capacity, is authorized, after making efforts to make contact with the property owners or occupant or in response to any second or additional complaint, to enter upon any property subject to the provisions of this Bylaw, to ascertain whether the regulations of the Bylaw are being or have been complied with; for clarity elected trustees do not conduct investigations or have the authority provided to act as the Bylaw Investigations Officer. (3) Enforcement (a) Violation (i) Any person who does any act or thing or permits any act or thing to be done in contravention of the provisions of this Bylaw, or who neglects to do or refrains from doing any act or thing which is required to be done by any of the provisions of this Bylaw is deemed to have violated the provisions of this Bylaw. (b) Penalty (i) Any person who violates any of the provisions of this Bylaw is, upon summary conviction by a court of competent jurisdiction, liable to a penalty of not more than five thousand dollars ($5000) and the cost of prosecution. Each day that such violation continues, or is allowed to continue, constitutes a separate offence.
2.8. Owners Costs If any provision of this Bylaw requires a report, study or plan or similar item to be prepared, unless otherwise stated, the owner shall pay all costs; the community rate payer will not cover costs associated with a private initiative.
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PART 3 – OFFICIAL COMMUNITY PLAN Introduction The Lasqueti Island Local Trust Committee has authority through its plans and regulations to address use and the servicing requirements of land and surface waters within its Trust Area. The purpose of this Plan is to outline the goals of the community, the objectives relating to matters of Local Trust Committee authority and policies that provide guidance as to how to implement those objectives. Advocacy policies are included to encourage and guide decision makers with matters outside of the authority of the Local Trust Committee. Responsibility for certain matters lie outside the authority of the Lasqueti Island Local Trust committee and are instead the responsibility of individual property owners, residents, the Provincial Government, the Federal Government, Tla’amin (Sliammon) First Nation or the Powell River Regional District. In some instances there may be overlapping authority of more than one person or agency. In particular the objectives and policies set forth in the Bylaw and the balance among them is influenced by the manner in which the natural resources of Lasqueti Island and its surrounding islets and waters are managed, and the type and level of services provided by other government agencies and corporations. The Local Trust Committee seeks to work cooperatively with and seek the assistance of the public and government agencies to ensure orderly and effective management and regulation of the Lasqueti Trust Area and its resources to the mutual benefit of all. In the case of objectives that are within the authority of other agencies or persons, such agencies or persons are requested to: • regard such objectives as stated desires of the Lasqueti Island Local Trust Committee; and • to take such objectives into consideration in making decisions concerning their own land use decision making with respect to the Lasqueti island Local Trust Committee area. Schedule B designates two areas of the Lasqueti Island Planning Area. All land areas above the high water mark are within the Land Based designation. All the marine areas up to the high water line, including the intertidal zone are within the Marine designation. The objectives and policies below apply to either or both of these two designations. Community Context Lasqueti Island is within the original territory of the Tla’ amin (Sliammon) First Nation. The Tla’ amin (Sliammon) people referred to the island as Kweh et ey (means Yew Tree). In 1791 the Island became known as Lasqueti, named after Juan Maria Lasqueti, a prominent Spanish naval officer. Lasqueti is 68 square kilometers in area, 5 km wide and 21 km long. The ferry does not provide vehicle service, which therefore requires barging over of vehicles and other large items. For additional information Appendix B – Measuring Our Progress Report is attached for information purposes. 1991 1996 2001 Population 326 374 367 Number of Dwellings 180 185 Owner Occupied 140 Rented Dwellings 55 Average Rent of Tenant Household $320 Average Value of Dwelling $180,817
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Since 1974, the inception of the Islands Trust, the community of Lasqueti Island has been empowered to elect their own representatives to make independent and local decisions, while remaining within a federation of other island communities. The following individuals have served as Local Trustees for Lasqueti Island: 1977 - 1978 Kevin Monahan, Mike Humphries 1978 - 1980 Laurence Fisher, Mike Humphries 1980 - 1982 Laurence Fisher, Mike Humphries 1982 - 1984 Jack Barrett, Mike Humphries 1984 – 1986 Jack Barrett, Mike Humphries 1986 - 1988 Melinda Auerbach, Barry Kurland 1988 - 1990 Melinda Auerbach, Barry Kurland 1990 - 1993 Janice McMillan, Barry Kurland/Chris Ferris 1993 - 1996 Melinda Auerbach, Chris Ferris 1996 - 1999 Melinda Auerbach, Eric O'Higgins 1999 - 2002 Eric O'Higgins, Tom Weinerth 2002 - Present Bronwyn Preece, Rose Willow What is an Official Community Plan? An Official Community Plan is a general statement outlining the planning goals of a community and the policies that will help the community to reach those goals. The intent of an Official Community Plan is to provide a framework that will guide the elected officials and members of the community in future development and conservation initiatives. Once adopted by Bylaw, the Lasqueti Island Official Community Plan restricts the Lasqueti Island Local Trust Committee to only enact any other bylaw that is consistent with the Official Community Plan. A Local Trust Committee is authorized to adopt an Official Community Plan by the Islands Trust Act and the Local Government Act. In the Islands Trust Area, an Official Community Plan must be consistent with the Islands Trust Policy Statement, which furthers the Object of the Islands Trust, as stated in Section 3 of the Islands Trust Act: The object of the Trust is to preserve and protect the Trust Area and its unique amenities and environment for the benefit of the residents of the Trust Area and of the province generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organisations and the government of the Province. An Official Community Plan must also address the Provincial Interest as defined in the Local Government Act. The graphic below shows how an Official Community Plan fits into the overall planning framework of the Islands Trust.
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Islands Trust Act Preserve and Protect Mandate Local Government Act Part 26 Islands Trust Policy Statement General objectives and policies of Trust Council consistent with Islands Trust Act Lasqueti Island Land Use Bylaw Specific land use and zoning provisions consistent with the Lasqueti Island Official Community Plan GENERAL SPECIFIC Lasqueti Island Official Community Plan General objectives and policies consistent with the Islands Trust Policy Statement and Part 26 of the Local Government Act As a true representative document, a community plan states the values of the community that participates in its creation. As a community changes, so too can a community plan. As unforeseen issues arise, a community plan can be amended to keep pace with these issues. Amendments can occur from time to time, based upon community process and input, with final decisions made by the officials elected from the Lasqueti Island community itself. Goals To maintain a rural island community where the Island people’s privacy and freedom are preserved; the integrity of the island ecosystem is maintained; conservation of agricultural lands, forest land, fresh water supplies, and foreshore areas are protected; local employment, consistent with the protection of the community and natural environment, is provided. Approach The Bylaw's approach to land use and development growth is one of consideration and caution. It is hoped that by laying out a pattern of low density land use, adopting a cautious approach to development, and fostering a cooperative relationship among the local community, Islands Trust and other governmental agencies, needed and reasonable land use and development will take place without requiring complex and expensive facilities and services, thereby maintaining the Island's unique character as a place where the human community lives in and with nature.
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3.1. Residential Land Use The Lasqueti community wants to ensure that the existing patterns of low density land use and sustainable self sufficient lifestyle continues.
Objectives
Objective 1 To ensure that creation of land parcels are capable of having sustainable living units on which there can be a variety of possible lifestyles. Objective 2 To ensure low density subdivision and land use is maintained. Objective 3 To support the establishment of low scale, low intensity home based enterprises. Objective 4 To support the establishment of affordable housing, special needs housing and provide the opportunity for Island seniors to remain in the community. Objective 5 To ensure residential development is self-sufficient in terms of freshwater and sewage disposal. Objective 6 To ensure appropriate access to parcels is provided, taking into account topography, and existing trails and roads. Policies Policy 1 A pattern of low density residential land use should apply. Parcels should be at least 4 hectares (9.88 acres) in Subdivision District A, at least 8 hectares in Subdivision District B (19.77 acres), and at least 65 hectares (160.61 acres) in Subdivision District C. Policy 2 Dwellings are meant for long term residential use occupied by the owner or a renter on a long term basis. Policy 3 Guest cabins are not intended to be used for long term residential purposes. Policy 4 Home enterprises may be conducted on any parcel but should not cause pervasive intrusions on the peaceful enjoyment of nearby properties that exceed or differ from what would otherwise be experienced if the property was used for rural residential purposes. Policy 5 Subdivided parcels of land should be able to have a garden area and woodlot. Policy 6 Residential lots should have a source of fresh water and sufficient capacity for appropriate sewage disposal capability. Policy 7 Surface water and catchments are encouraged as an alternative to drilled wells, provided that such systems do not degrade the environment. Policy 8 Where access to the sea or a strip of Crown land contiguous to the sea is required at time of subdivision, such access should be located to provide physically convenient access to and from coastal areas for public uses such as barge ramps, boat ramps, recreation or slipways. Where roads are either not feasible nor desirable, public walking trails should be required as an acceptable substitute. Policy 9 For each dwelling permitted, normally associated accessory buildings and structures plus a guest cabin should be permitted. Policy 10 Strata title subdivisions should provide sufficient individually or commonly owned land such that each owner has a sustainable living unit Advocacy Policies
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Advocacy Policy 1 All levels of government are encouraged to assist interested land owners and residents with enhancing resource management practices and conserving natural areas on their holdings. Advocacy Policy 2 Other government agencies with responsibilities and expertise in the resource management disciplines and in the taxation or economic regulatory sections are encouraged to assist private land owners interested in implementing environmentally sensitive, long term economic resource management practices; all levels of government are encouraged to implement tax incentives for voluntary conservation on private lands.
3.2. Enterprise and Resource: Commercial, Industrial, Agricultural and Forestry Land Use It is unlikely that major commercial development on Lasqueti and its surrounding islands and waters will occur due to the limited local market. Nevertheless, some local commercial development exists and there could be additional development to serve the day-to-day needs of residents and visitors. Existing commercial enterprises vary in their use on a parcel of land from a low density to high density, such as exists at the hotel site located at False Bay. With regard to the existing hotel site density, only new land use proposals of a reduced density will be considered. Furthermore, one existing retail commercial enterprise has two residences located on the same parcel of land. In this case the residential density is considered an exception; new commercial enterprises should not be given that same zone. Rural character and scale, low site coverage, adequate setbacks and the provision of off-street parking are important considerations in maintaining an acceptable scale and rural nature of development.
Objectives
Objective 1 To minimize the negative impacts of economic activities and encourage agriculture, forestry, mariculture and local industry are practiced in a sustainable manner. Objective 2 To ensure home enterprises are in harmony with the rural residential neighbourhoods. Objective 3 To promote development of land in ways which are in sympathy with the landscape and which make the most of each site's natural characteristics. Objective 4 To ensure appropriate industry and commercial ventures are permitted that are respectful of the citizens of Lasqueti Island. Objective 5 To encourage that the renewable resource base is maintained in a sustainable manner. Policies Policy 1 Economic and industrial undertakings should have limitations and development control on the Island in such a way that existing ecosystems are maintained for the benefit of future generations. Policy 2 Economic activities should provide adequate sewage disposal systems that prevent contamination or degradation the environment. Policy 3 Hazardous industries including the transportation, handling, storage and use of radioactive materials or other dangerous or toxic materials in bulk are prohibited in the Lasqueti Island Local Trust Area; bulk storage of gasoline, kerosene, diesel fuel, propane, and similar fuels intended for utilization by the residents and visitors are accepted. Policy 4 The siting of commercial and industrial buildings should be at reasonable distances from lot lines to ensure a degree of privacy and the quiet tranquillity consistent with a rural environment. Policy 5 Alternatives to drilled wells are encouraged to provide freshwater. Policy 6 Rezoning procedures for commercial and industrial application proposals are contained in the development and procedure bylaw of the Lasqueti Island Local Trust Committee; such proposals should
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be referred to the Advisory Planning Commission for review prior to final consideration by the Lasqueti Island Local Trust Committee. Policy 7 A range of commercial and industrial activities are permitted as home enterprise. The scale of home enterprises should be regulated to control impact. Policy 8 Existing established businesses which do not have adequate off-street parking at the adoption date of this Bylaw may continue to operate without the provision of such parking facilities; any expansion of such a business must conform to the parking standards of this Bylaw. Policy 9 The owner or operator of an existing home enterprise who proposes to expand a business beyond the scale of a home enterprise should apply for a rezoning or a Temporary Use Permit. Policy 10 In the review of commercial and industrial zoning applications the applicant should provide: • adequate off-street vehicle, motorcycle and bicycle parking; • adequate fire protection measures; • adequate proof of sewage disposal capability • adequate potable water supply and water conservation measures; • a plan showing: o location and size of all buildings, o the extent of the clearing of the area proposed to be zoned, o that rural character is retained: setbacks of buildings, structures, parking, septic fields, sewage, sink waste or any other waste disposal system from lot lines, o road rights of way, o proposed and existing screening, o location of outhouse/toilet facilities for public use, if appropriate, o locations planned for sources of power generation, o location of waste disposal specifying provisions for organic, inorganic and toxic wastes, o high tide marks, lakes, watercourses, springs, swamps or sources of potable water, • how the rural character, scale, and density of development is in keeping with the character of the surrounding properties; • identify measures to reduce noise levels; • planned hours and days of operation (in particular any noise-making sources, e.g. cars, generators, machinery); • consideration of effect on island and neighbourhood services, ferry, phone, water sources, roads and traffic noise, and visual impact; and • be compatible with objectives of this Bylaw. Policy 11 In recognition of the need for a place to store derelict vehicles that accumulate in the Local Trust Area, a vehicle holding compound may be considered on a site specific basis and will be subject to designation and regulation to allow the community an opportunity to consider all effects. When considering an application the following criteria must be satisfied: a screened buffer, appropriate setbacks from all property lines; protection from runoff of vehicle fluids; cost/benefit considerations; and environmental and social effects. Policy 12 In recognition of the need for gravel for residence, gravel extraction is allowed. Extraction beyond 3823 cubic metres (5,000 cubic yards) within a three-year period should be discouraged unless permitted in a commercial or industrial zone; gravel extraction activities and applications should be consistent with Policy 10 of this Section. Policy 13 The Local Trust Committee supports small-scale, organic and natural or low-input farming agriculture that contributes to the Island by developing local sources of farm products, maintaining the rural landscape and providing opportunity for development of individual initiative and self-reliance for the betterment of the community as a whole.
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Policy 14 In recognition of the need for a place to park vehicles, a commercial parking lot may be considered on a site specific basis and should be subject to designation and regulation after a community process has considered implications; when considering an application for a commercial parking lot the following criteria should be considered: setbacks from all property lines; protection from runoff of vehicle fluids, and environmental and social effects. Policy 15 The Local Trust Committee supports forestry that utilizes practices sensitive to aesthetic, environmental, and social values, can contribute a modest but continuous source of revenue to private land owners and the Crown while retaining land values, enhancing forest productivity, and supplying on-site fuel wood and other forest-related benefits. Policy 16 The Local Trust Committee supports proper utilization of marine resources in the Lasqueti Trust Area for maricultre that provides employment and other economic benefits to the community while retaining traditional resident and visitor access to marine resources and year round moorage. Policy 17 Commercial and industrial undertakings often may not require or need long term zoning provisions; as such Temporary Use Permits may be considered in the Land Use Bylaw. Policy 18 Temporary use permits may be considered for temporary log dumps in the Marine General (M2) zone of the Land Use Bylaw. Policy 19 In recognition of the importance of mariculture to the economy of Lasqueti Island, existing mariculture tenure areas may be designated as a permitted use. No new areas may be designated for long-line mariculture. New mariculture tenure areas will be subject to designation and regulation, based upon the following criteria: the proposed tenure must not have the effect of closing off access to the affected bay; the proposed tenure would not affect shellfish sites, as shown on Schedule B, public shellfish reserves, or access to such sites or reserves; and the tenure application addresses environmental and social effects. Policy 20 In recognition of the importance of the harvesting of timber to the economy of Lasqueti Island, the development of a public log watering facility (log dump and booming ground) may be considered on a site specific basis in the Marine General (M2) zone. In considering an application, the following criteria must be satisfied: economic responsibility for all costs associated with the development, operation and maintenance of the proposed log watering facility is fully defined; the applicant addresses environmental and social effects; and access is available by public right-of-way or registered easement. Policy 21 This plan does not support the establishment of destination gaming facilities such as casinos and commercial bingo halls. Policy 22 The zoning bylaw may provide a zone in which guest cabins may be used for short term visitor and tourist accommodation on a commercial basis. Policy 23 An applicant who wishes to conduct vacation rentals on a short term basis must rezone either the entire property or individual guest cabins before such a tourist accommodation use is permitted. Policy 24 When rezoning to allow for short term vacation rentals the Trust Committee should consider at a minimum matters of density on individual lots, water and sewage capacity available for tourist accommodation and the affect such a rezoning may have on the adjacent neighbourhood and the Island overall.
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Advocacy Policies Advocacy Policy 1 The Lasqueti Island Local Trust Committee encourages Islands Trust Council to develop a protocol agreement with the Ministry of Energy and Mines such that the Ministry does not grant permits for the manufacture of gravel without community input. Advocacy Policy 2 The Lasqueti Island Local Trust Committee encourages the Ministry of Energy and Mines to require any applicant requesting a permit for extraction or processing of 3,823 cubic metres (5,000 cubic yards) or more gravel to have commercial or industrial zoning at the site of the proposed gravel operation, and that an adequate monitoring program be in place to ensure that extraction or processing permits are diligently adhered to; processing includes the manufacturing of gravel by means of rock crushing, blasting and sorting. Advocacy Policy 3 The Local Trust Committee does not support the extraction of gravel for any use outside of the Lasqueti Island Local Trust Area. Advocacy Policy 4 The Local Trust Committee supports the promotion and maintenance of appropriate preservation and protection agricultural programs, as well as the Province’s creation and administration of the Agricultural Land Reserve Commission mandated to protect and preserve agricultural land. Advocacy Policy 5 The Local Trust Committee encourages the appropriate Ministry to promote the implementation of forestry practices which preserves land quality and the forest base for future generations. Advocacy Policy 6 The Local Trust Committee encourages that forestry be conducted in accordance with the Lasqueti Forestry Guidelines. Advocacy Policy 7 The Local Trust Committee encourages the appropriate Ministries to only support mariculture that: • avoids displacement of local vessels from traditional year round moorage areas; • retains public access to beaches and natural marine resources; • establishes public shellfish reserve areas; • minimizes conflict with other land uses; • allows for the monitoring of impacts on other marine resources.
3.3. Heritage, Archaeologic and Historic Matters
Objectives
Objective 1 To ensure respectful treatment, fairness and equity to past, present and future generations that have shared and will share Lasqueti Island and the Trust Area. Policies Policy 1 The Lasqueti Island Local Trust Committee recognizes the cultural and historical significance the Tla’amin (Sliammon) First Nation has made in the Lasqueti Island Local Trust Area. Policy 2 The Lasqueti Island Local Trust Committee respects all people who have and will contribute to the social fabric of Lasqueti Island’s past, present and future. Policy 3 The Lasqueti Island Local Trust Committee wishes to support proactive and mutually respectful interests by consulting with the Tla’amin (Sliammon) First Nation. Policy 4 The Local Trust Committee recognizes that past, present and future generations have shared and will share experiences on Lasqueti Island and the Trust Area; it is encouraged that fair and reasonable discussion and action occurs to preserve the natural and human-made sites.
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Policy 5 The Local Trust Committee will assist, when possible, the responsible Ministry in their efforts to establish and protect sites of archaeological or heritage significance or value. Policy 6 The Local Trust Committee recognizes that treaty negotiations with First Nations continue to be unresolved and until the resolution of First Nation interests within the Lasqueti Planning Area relationship building and cooperation between the Local Trust Committee and other First Nations may be developed over time. Advocacy Policies Advocacy Policy 1 The Local Trust Committee encourages and will assist the Tla’ amin (Sliammon) First Nation, the responsible Provincial and Federal agencies and the public generally, in their efforts to establish and protect sites designated or valued for heritage and historical significance. Advocacy Policy 2 The Lasqueti Island Local Trust Committee encourages both the Federal and Provincial Governments to assist the local community and the Tla’amin (Sliammon) First Nation with accurate and comprehensive First Nation assessments within the Lasqueti Island Local Trust Area.
3.4. Community Stewardship The small resident and visitor populations, significant areas of vacant Crown land, and the generally undeveloped nature of the Island provide for a variety of land and water-based recreation opportunities. Most recreational activities compatible with the Island's rural nature are not yet at levels of use where formal facilities are required or planning and regulatory management is needed to ensure retention of recreational quality that avoids user conflicts.
Objectives
Objective 1 To discourage pervasive and excessive noise created by residential, commercial or industrial uses as well as noises originating off of the island, yet impacts island residents. Objective 2 To preserve and support balanced control of the local feral/heritage sheep which are a valued part of the community and its history. Objective 3 To encourage and ensure that personal responsibility is exercised by owners of dogs and other domestic pets to keep them under direct control. Objective 4 To support the creation of a public trail network throughout the Island. Objective 5 To ensure compatible parks and recreation areas on the island are designed and located appropriately. Objective 6 The Community aims to ensure that 12% of the land base of Lasqueti Island is preserved and protected with appropriate representation of all ecosystems in the area. Policies Policy 1 Provision of varied recreation use areas throughout the island that focus on the natural aspects of Lasqueti. Policy 2 The development of a comprehensive recreation plan should be undertaken that indicates provincial, regional, and community parks as well as trails, public shellfish reserves, and marine and land-based recreation areas. Policy 3 The Local Trust Committee supports the use of tax incentives that encourage landowners to dedicate trail and parks. Policy 4 The Local Trust Committee support initiatives that benefit the community wellbeing, its safety, security and comfort.
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Policy 5 Public accesses, required as dedication at time of subdivision, may be consolidated to make larger more usable areas and in some cases a trail may be sufficient access to a development. Public access to the foreshore is encouraged to be identified by signs located on the public roads. Policy 6 It is recognized that islands and islets within the Lasqueti Island Local Trust Area, excepting Lasqueti Island, do not have direct access to public roads or ferry service and that some waterfront parcels on Lasqueti Island were created without access to public roads. In these situations access from the water is needed and should be considered sufficient. Advocacy Policies Advocacy Policy 1 The appropriate Provincial Ministries with responsibilities and programs for recreation should regulate and maintain recreational activities that are compatible with the Island's rural nature, and provide facilities and supervision where needed to protect from adverse effects. Advocacy Policy 2 The Local Trust Committee requests that the Regional District consider conducting regional park studies. Advocacy Policy 3 The Local Trust Committee encourages the responsible Ministries to establish Class A parks on the following lands: the North East Quarter Section of Section 16 plus the fractional South Half of the North West Quarter of Section 10 and the fractional South West Quarter of Section 10 has the highest priority for the community; the North east Quarter Section 5; fractional South East Quarter of Section 9, North East and North West Quarters of Section 18 and the North half of the South West Quarter of Section 18, the South half of the North East Quarter of Section 19 and the South East and South West Quarters of Section 19 and the fractional South East Quarter of Section 1, the fractional North East Quarter of Section 2. Advocacy Policy 4 The Local Trust Committee requests the Ministry of Transportation and the Powell River Regional District to support the establishment of public outhouses and picnic tables on a site specific basis on public accesses to the foreshore. Advocacy Policy 5 The residents of the Lasqueti Island Planning Area prohibit the storage or generation of nuclear materials, nuclear weapons or nuclear energy in the Planning Area. Advocacy Policy 6 The residents of the Lasqueti Island Planning Area oppose Genetically Modified Organisms in the Planning Area, including propagation, cultivation, and raising of genetically engineered plants and animals by persons, firms, or corporations. Advocacy Policy 7 The establishment of broadcast and transmission towers and facilities within the Lasqueti Island Planning Area is not supported without consultation and accommodation of community interests by the Federal Government, through a rezoning process of lands in question. Advocacy Policy 8 Further to Transport Canada’s recognition that Lasqueti Island and its surrounding area have sensitive habitats for birds and other animals; the community asks that aircraft do not fly low over the Lasqueti Planning Area and the islands within it. Advocacy Policy 9 Low Flying aircraft over residential areas of the island are considered intrusive and generate excessive noise that affect residents, the traveling public, and the environmentally sensitive areas of the island; air traffic should be kept at a reasonable height of no less than 610 metres (2000 feet). Advocacy Policy 10 The Local Trust Committee encourages owners of dogs and other domestic pets to keep them under direct control.
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3.5. Lands Identified as Subject to Hazardous Conditions The low density of development should help avoid the necessity for developing in hazardous areas by creating parcels of sufficient size to afford alternate building sites within the parcel.
Objectives
Objective 1 To allow reasonable development in areas not subject to hazardous conditions. Policies Policy 1 Development on lands known or suspected to be subject to flooding, landslide, avalanche or other hazardous conditions should be limited, unless protective measures are taken to prevent any detrimental consequences such as damage to property or risks to inhabitants. Policy 2 If the need arises for further identification or more precise delineation of hazardous areas, studies will be requested from the appropriate agencies or initiated by the Lasqueti Island Local Trust Committee.
3.6. Environmental Management Where agencies of other levels of government are themselves managing natural resources or regulating the management practices of other agencies or the private sector, it is the Local Trust Committees objective to liaise and cooperate with such agencies to encourage management practices and regulatory provisions which help to preserve and protect the natural environment. The following section is divided into three areas: General, Marine Coastal, and Water Source. General General Objectives Objective 1 To assist, where possible, in the establishment and maintenance of Ecological Reserves. Objective 2To encourage that the renewable resource base is maintained in a sustainable manner. Objective 3 To encourage and promote the protection of foreshore and marine areas for public enjoyment, public access and conservation. Objective 4 To promote the preservation of fresh and salt water purity. Objective 5 To promote the retention of native flora and fauna and areas of both typical and unique ecosystems. Objective 6 To promote a safe and healthy environment for all residents. General Policies The natural environment of Lasqueti is being altered and under constant pressure to be developed further. The community of Lasqueti resides on a finite island where resources must be used in a sustainable manner. Policy 1 The Lasqueti Island Local Trust Committee should undertake initiatives to identify environmentally sensitive and important ecosystems and flora and fauna to assist in future decision making. Policy 2 The Local Trust Committee will assist, when possible, the responsible Ministry in their efforts to establish and protect sites of ecological significance or value. Policy 3 Lasqueti Island's rural marine landscape and scenic views should be maintained and protected.
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Policy 4 The inherent capability of the Island's eco-systems should be maintained to sustain varied resources used in the long term. Policy 5 Native flora and fauna should be retained to protect natural habitats of local significance. Policy 6 Measures to avoid and minimize the use of herbicides and other biocides should be undertaken. Policy 7 Domestic pets should be kept under control, and not pose a threat to others, including the enjoyment of the natural environment. Policy 8 When fill or debris is placed on land in such a way that it could lead to discharge of deleterious material into a water course, adequate mitigative design and construction measures are required acceptable to Fisheries and Oceans Canada, Ministry of Sustainable Resource Management, and the Ministry of Water, Land and Air Protection. General Advocacy Policies Advocacy Policy 1 Residents, business and other agencies are encouraged to become informed and educated on the use of septic systems and other methods of human waste disposal. Advocacy Policy 2 The Lasqueti Island Local Trust Committee encourages community groups, government agencies, and business with efforts to educate and inform the community towards sensitive environmental living. Advocacy Policy 3 The responsible Ministries are encouraged to establish ecological reserves on the following lands: the North East Quarter Section of 5, fractional South East Quarter of Section 9, North East and North West Quarters of Section 18 and the North half of the South West Quarter of Section 18, the South half of the North East Quarter of Section 19 and the South East and South West Quarters of Section 19. Marine Coastal Areas The intertidal area is that area from the high water mark to the lowest extremes of low tide. The water area is that area from the lowest extremes of low tide to a point 1,000 metres off-shore. Both of these marine coastal areas could be vulnerable to pollution from sewage and industrial wastes. Being highly valued for water-based mariculture, marinas, and other marine commercial enterprises, marine coastal areas are or will be subject to demands which, without compatible land use and sensitive development, could impair the visual and environmental qualities which provide the rural marine atmosphere of the Island. With these factors in mind, policies applicable are: Marine Coastal Policies Policy 9 Native flora and fauna should be retained to protect natural habitats of local significance along the foreshore and in the intertidal areas. Policy 10 The marine environment, including associated riparian areas, should be adequately protected from unreasonable adverse effects or inadequate mitigation measures resulting from development. Policy 11 Special consideration should be taken to eliminate the possibility of pollution from sewage or from commercial and industrial wastes. Policy 12 Designation and regulation of the foreshore and marine coastal areas should be designed to preserve and protect the natural environment and character and should recognize the need to dedicate areas of the foreshore for the following purposes: • to provide for access; • to protect existing mariculture uses; • to encourage low impact public uses on and along the foreshore; • to provide for public transportation services;
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• to maintain public access to shellfish; • to retain the undeveloped character of the marine coastal area; • to protect marine coastal habitats for conservation purposes; • to provide for commercial and industrial uses; and • to retain representative areas of natural foreshore. Policy 13 The type and use-level of foreshore and coastal water areas can significantly influence the rural/marine character of Lasqueti Island. Uses of Crown foreshore and water areas must be authorized by the appropriate Provincial Ministry, comply with the provisions of the Navigable Waters Protection Act administered by the Coast Guard, and also comply with the bylaws of the Local Trust Committee. Marine Coastal Advocacy Policies Advocacy Policy 4 It is the objective of the Local Trust Committee to encourage the Ministry and the Coast Guard to regulate uses such that: • marinas relate to the rural environment and be of small scale, providing sanitary facilities (and desirably sewage pump-out facilities for boats) for shore and water-based patrons; • marinas are situated away from existing mariculture areas, • mariculture does not take precedence over those areas traditionally used as year round moorage for local vessels; and, • site specific non-discharge zones should be located in the waters surrounding Lasqueti as per the recommendations for such sites which were forwarded to the Canadian Coast Guard by the Lasqueti Island Local Trust Committee. Water Source Area Water Source Policies Water source areas are those areas drained by lakes and streams, which provide or potentially could provide fresh water for human consumption and use. Although no adequate studies have been made of the capacity of the Island to store fresh water, it is apparent that in the natural state the potential is limited; most streams and many wells dry up in the summer. It is doubtful that the existing lakes could supply much more than they do now without impairing the present ecological balance. Until the necessary studies have been completed the following policies should apply: Policy 14 Watersheds and catchment areas should be protected from contamination and degradation. Policy 15 Fresh and salt water purity and quality should be protected from contamination and degradation. Policy 16 The Lasqueti Island Local Trust Committee supports initiatives to monitor groundwater and surface water resources and the related watersheds and catchment areas to assist in future decision making. Policy 17 Suitable surface water creeks should be identified with the encouragement of establishing salmon enhancement programs on Lasqueti Island. Policy 18 Development should be conducted with surface water and catchment systems considered as an alternative to drilled wells, provided that such systems do not degrade the environment. Policy 19 Where possible, the Local Trust Committee encourages salmonid enhancement programs to identify and develop measures to protect fishery resources and to assist in restoration efforts. Policy 20 When applications to log Crown land are referred to the Lasqueti Island Local Trust Committee, the Local Trust Committee should consider examination of the impact of the proposal on water supplies.
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Policy 21 Particular care should be taken to ensure that contamination of the fresh water supply does not occur. Policy 22 Access to or along significant sources of fresh water should be by trail only, except as may be required for purposes of fire fighting. Policy 23 Land development adjacent to sources of fresh water should follow an environmental impact assessment prepared by the proponent. Policy 24 When fill or debris is placed on land in such a way that it could lead to discharge of deleterious material into a water course, adequate mitigative design and construction measures are required acceptable to the Department of Fisheries and Oceans Canada, Ministry of Sustainable Resource Management, and the Ministry of Water, Land and Air Protection.
3.7. Community Servicing and Utilities Lasqueti has developed the level of services required to support its small resident and visitor population. The infrastructure maintained is at a reasonable level, consistent with a rural community. General Objectives Objective 1 To maintain a foot passenger only type of ferry system. Objective 2 To ensure that the road system is designed, built and maintained in keeping with the rural character of the island. Objective 3 To promote trail systems throughout the island. Objective 4 To encourage the provision of adequate and appropriate community services and amenities on the island. General Policies Policy 1 The community recognizes that the existing foot passenger type of ferry system has partly contributed to the rural character of the community and should remain as foot passenger only in the future. Policy 2 The road system of Lasqueti Island should be safe and in keeping with the rural nature of the community. Policy 3 Community services should provide a level and be conducted in a manner appropriate to the Island's needs. Policy 4 Car pooling, communal, and other alternative forms of transportation should be used by the community and visitors to reduce the overall number of vehicles and traffic on the island. Policy 5 Business should be supported to provide and maintain an adequate and appropriate regular marine freight service. Policy 6 Minimum parcel sizes should not apply to community service lands. Policy 7 A precautionary approach should be used when considering additional and more sophisticated service facilities as they typically have significant associated costs. Policy 8 Public outhouses and picnic tables should be established on a site specific basis. Policy 9 The Trust Committee shall consult on an annual basis with School District #69.
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Policy 10 Sites on Lasqueti Island should be identified and established as emergency helicopter landing pads. General Advocacy Policies Advocacy Policy 1 Residents are encouraged to remove their own derelict vehicles. Advocacy Policy 2 The abandonment of vehicles on public right of ways or Crown Land is acknowledged as a socially irresponsible action and not endorsed by the community. Advocacy Policy 3 The Local Trust Committee, Ministry of Transportation, Regional District, RCMP, businesses and citizens should combine efforts to coordinate the removal of unwanted and derelict vehicles on a regular basis. Advocacy Policy 4 The Ministry of Transportation is requested to assist with temporarily moving and storing of vehicles prior to transportation off island. Advocacy Policy 5 Residents are requested to keep their derelict vehicles on their property until an opportunity to remove them from the island occurs. Boats and Maritime Vessels Boats and Maritime Vessel Policies In order to reduce the overall number of private docks and boat ramps located along the foreshore and alleviate the ecological damage that can be caused by the proliferation of private docks and boat ramps, communal private docks and boat ramps are encouraged and may be considered on a site specific basis. The development of regulations to permit such joint co-operative facilities should ensure that the communal facilities would not have the effect of closing off access to any one bay and that environmental and social effects would be addressed. Policy 11 In order to ensure that supplies reach Lasqueti Island, the development of barge, boat, and multi-use ramps accessible to all barge operators may be considered on a site specific basis. Because barge service is essential to the community, the Local Trust Committee should hold community discussions to explore possible locations and means to establish a public barge ramp. Policy 12 Development of additional barge ramps accessible to all barge, boat, and multi-use operators should be subject to designation and regulation. In considering an application for a barge ramp, environmental and social effects should be addressed. Policy 13 Hours of operations should be included in barge ramp Crown lease referrals. Policy 14 In recognition of the importance of providing suitable boat access for all residents, public boat ramps may be considered on a site specific basis. Development of public boat ramps should be subject to designation and regulation. In considering an application for a public boat ramp, environmental and social effects should be addressed. Policy 15 Private docks may be considered on a site specific basis in the Marine General (M-2) zone. In considering an application for a dock, environmental and social effects must be addressed. Structures should not be sited or extended towards the sea beyond 37 metres (120 feet) from the surveyed high water mark or where no plan exists, from the natural boundary of the sea. Policy 16 In order to reduce the overall number of docks located along the foreshore, and thereby alleviate the ecological damage that can be caused by the proliferation of docks, private boat ramps may be considered on a site specific basis in the Marine General (M2) zone. In considering an application for a boat ramp environmental and social effects must be addressed and the environmental effects of both private docks and boat ramps should be considered and the alternative with the least environmental impact chosen. Structures should not be sited or extended toward the sea more than 21 metres (70 feet) from the surveyed high water mark or where no plan exists, from the natural boundary of the sea.
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Applicants must submit proposals for construction of docks and boat ramps to the Department of Fisheries and Oceans Canada, as per the federal Fisheries Act, for review. Policy 17 Installation of a breakwater should be subject to designation and regulation to allow the community an opportunity to consider all effects. In considering an application for a breakwater, the following criteria must be satisfied: the breakwater must not reduce the area available to the public for mooring buoys and/or anchorage; the breakwater must not close off public access to the affected bay; the applicant addresses environmental and social effects; an environmental impact assessment is completed for the proposed breakwater; and a qualified registered engineer attests to the design of the breakwater. Ferry Service Ferry Service Advocacy Policy Advocacy Policy 6 The Local Trust Committee encourages that the appropriate Ferry Corporation, its agents, and private operators: • maintain foot passenger service on a five/six days per week schedule; • expand the freight capacity; • continue to work with the locally established ferry committee; • Hold public meetings on Lasqueti to discuss any major proposed changes in ferry service. Road System Road System Advocacy Policy The road system and the standards to which it is constructed and maintained are key elements in preserving the rural character of Lasqueti Island. Advocacy Policy 7 The Local Trust Committee encourages the appropriate Provincial Ministry to utilize road standards which reinforce the rural character of the Island, by: • following the Letter of Agreement for Road Standards between the Islands Trust and the Ministry of Transportation; • employing road designs conforming with topography in order to minimize cutting and filling; • protecting or maintaining natural vegetation alongside roads, excepting that which directly obstructs user visibility; • consulting with the Local Trust Committee before commencing any major road construction or improvements; • encouraging the Ministry of Transportation to ensure that gravel extracted from Crown lands is used for local roads; • identifying foreshore accesses by locating signs on the public roads; • ensuring that any applications for new roads across Crown lands be referred to the community through the Local Trust Committee; • ensuring all road maintenance contract crews consist of local residents. Garbage Disposal The Lasqueti Island Local Trust Committee believes that garbage disposal can be dealt with effectively by maintaining the Level "D" dump, so long as compliance with Ministry of Sustainable Resource Management and the Ministry of Water, Land and Air Protection regulations are adhered to. Garbage Disposal Advocacy Policy Advocacy Policy 8 The Local Trust Committee encourages the appropriate Provincial Ministry and the Powell River Regional District to: • maintain the Level "D" dump; • ensure regulatory compliance occurs; and • promote recycling.
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Water Resources Both ground and surface freshwater supplies are limited and subject to fluctuation. Water Resources Advocacy Policy Advocacy Policy 9 The Local Trust Committee encourages the appropriate Provincial Ministry to: • evaluate and monitor the Island's water resources prior to issuing surface water rights; • establish ground and surface water monitoring programs; • re-evaluate the requirement for drilled well regulations; • encourage surface water and catchments systems as an alternative to drilled wells provided such systems do not degrade the environment; • encourage the Ministry to support microhydro electrical systems, including run-of-stream systems, recognizing that such systems are a viable and sustainable source of domestic electric power. Sewage Disposal Sewage Disposal Advocacy Policy Advocacy Policy 10 The Local Trust Committee encourages the appropriate Provincial Ministries to: • prohibit outfalls of untreated sewage; • consider the cumulative effects of many septic tanks in one area; • examine and encourage alternate approaches to sewage treatment and disposal; • develop and implement monitoring and testing programs for all existing septic systems; and • encourage improved information and education on the use of septic systems and other methods of human waste disposal. Utilities Utilities Advocacy Policy Advocacy Policy 11 The Local Trust Committee encourages: • the appropriate Provincial Ministry and any company to avoid routings on Lasqueti for high tension electrical transmission lines and pipelines intended for large scale movement of fuels; and • communication companies to continue the practice of placing telephone wires underground or at grade and to follow the same practice for electrical wires in the event that electrical service is extended to Island properties.
3.8. Crown Lands The Lasqueti Island Local Trust Area lies within the Coastal Douglas-Fir (CDF) biogeoclimatic zone, one of the most heavily modified of the 14 biogeoclimatic zones in British Columbia. Approximately half of the CDF zone has been converted to uses such as agriculture and residential development that permanently remove the natural ecosystems. Less than two percent of the CDF zone is in a protected area and only about one percent of the original extent of the old growth forest. The Lasqueti Island Local Trust Area has significant areas of Crown land, including some of the largest undeveloped and unroaded blocks of land remaining in the CDF. Some areas have never been logged and others, with mature second growth, have good potential to develop into old growth. The Crown lands on Lasqueti Island have very high conservation value because they can contribute to conservation of provincially significant rare and uncommon ecosystems including Douglas-fir old growth forests; Douglas-fir/Arbutus forests and other ecosystems that are under-represented in the British Columbia’s protected area system. The Lasqueti community believes that the public of British Columbia realizes the greatest benefit from these Crown lands are as large parcels with low density and minimal development. Among other strongly expressed reports and forums, the Crown Land Task Force presented a report in 1991 to the Lasqueti Island Local Trust Committee containing recommendations for the use of Crown lands in the Lasqueti Local Trust Area. The Local Trust Committee refers to this report as an indication of
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the community's desires concerning the use of Crown land before making any recommendations to the Ministry responsible for Crown lands. The following section is divided into two areas: General and Access On and Across Crown Land.
Objectives
Objective 1 To preserve Crown lands for public enjoyment and community use. Objective 2 To take into account the conservation values on Crown Lands as the primary consideration in decision making. General General Policies Policy 1 Increasing net density of Subdivision District C lands should not be permitted. Policy 2 Development on Crown lands including, but not limited to, gravel extraction, road construction or community facilities must be compatible with overall conservation values. Policy 3 Crown land parcels should remain largely undeveloped to ensure maintenance of a greenbelt. Policy 4 Upon receipt of Crown land referrals, the Local Trust Committee should hold community discussions to allow for comment on the referral. General Advocacy Policies Advocacy Policy 1 Land and Water BC is requested to add provisions in any approved license of occupation for boat, barge and multi-purpose ramps that certain hours of operation be specifically mentioned and adhered to. Advocacy Policy 2 Land and Water BC is requested to offer the community first opportunity to acquire Crown land parcels prior to them being sold to private interests. Advocacy Policy 3 Public access to the foreshore should be identified by signs located on the public roads. Access On and Across Crown Land Applications for permission to construct a road across Crown land where no road currently exists, or to upgrade an existing road not currently in regular vehicle use, must be made to the appropriate Provincial Ministry prior to any construction. Several types of roads occur on Crown land. Some roads are currently in regular use for vehicle access to private lands or as access to timber. While some unused roads are noted on official Crown land maps, many old logging roads, skid trails, and footpaths are not noted on the same maps. Access On and Across Crown Land Policies Policy 5 Where an existing road on Crown land is currently in regular use for vehicle access to private lands and where no other legal land access exists, the community supports the granting of secure, long-term permission for landowners to continue such use and to maintain the road in drivable condition. Landowners should continue to maintain such roads in a condition that is compatible with conservation and community values. Policy 6 It is recognized that in some instances the only road access to private lands is across Crown land. Access to the private land is important for fire prevention, personal safety, as well as enjoyment of the private property by the resident; however, where these accesses are used they should be compatible
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with conservation and community values. Policy 7 Where permission for road access across Crown land is granted, such roads should generally follow the routes of any existing roads, except as necessary to avoid sensitive terrain and ecosystems, in order to prevent the environmental impact of creating new routes. Policy 8 Trails and unused roads on Crown land should remain as foot trails where they are compatible with conservation and community values. Policy 9 The Local Trust Committee shall consider the need to maintain community values, including conservation values and the interests of the land locked landowners, when providing input to the appropriate jurisdiction on applications for access across Crown land. Access On and Across Crown Land Advocacy Policies Advocacy Policy 3 The Local Trust Committee encourages Land and Water BC to maintain the current greenbelt function that exists on Crown Lands by accommodating a variety of land uses and ensuring their regulations are adhered to. Advocacy Policy 4 The Local Trust Committee requests that Land and Water BC seek input from the community prior to changing uses on Crown Land. Advocacy Policy 5 Land and Water BC is encouraged, along with other appropriate Provincial Ministries, to create a park or ecological reserve for: • North East Quarter of Section 16 plus the fractional South Half of the North West Quarter of Section 10 and the fractional South West Quarter of Section 10; the fractional South East Quarter of Section 1 and the fractional North East Quarter of Section 2 are recommended as parks; and, • The North East Quarter of Section 5; fractional South East Quarter of Section 9; North East and North West Quarters of Section 18 and the North Half of the South West Quarter of Section 18, the South Half of the North East Quarter of Section 19 and the South East and South West Quarters of Section 19 are recommended for parks and ecological reserves. Advocacy Policy 6 Land and Water BC and other appropriate Provincial Ministries should keep trails and disused roads located on Crown land to remain as foot trails.
3.9. Climate Change Adaptation and MitigationBL 86 Climate change refers to the increasing concentration of heat-trapping greenhouse gases (GHGs) in the atmosphere as the result of human activities— primarily the burning of fossil fuels and large-scale deforestation. A 2007 report from the Intergovernmental Panel on Climate Change reveals that between 1970 and 2004, GHG emissions have increased by 70%. This dramatic rise in atmospheric GHG concentrations has in turn triggered an increase in the average temperatures of near-surface air and ocean water, with temperatures projected to rise 1.1° to 6.4° C over the next century. Although seemingly slight, these temperature changes will have dramatic and negative impact on ecological systems around the globe. In response to climate change issues, the provincial government gave Royal Assent to Bill 27 [Local Government (Green Communities) Statutes Amendment Act, 2008] on May 29, 2008. Bill 27 amends the Local Government Act and other Provincial regulations to provide new tools for local governments. Most significantly, Bill 27 requires that all local governments include GHG emission reduction targets—and policies and actions to achieve those targets— in their Official Community Plans. The Islands Trust Council identified Climate Change and the implementation of Bill 27 as the top strategic plan priority in 2009 and early 2010. The Lasqueti Island Local Trust Committee supported this direction, as did community members who attended a special community meeting on reducing GHG emissions in November 2009.
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The following targets, policies and actions are proposed to ensure that the reduction of GHG emissions specifically and the impact of climate change in general become part of the planning process for Lasqueti Island. Climate Change Adaptation and Mitigation Objectives Objective 1 To promote the use of renewable energy and the development of renewable energy sources, and consider the impacts of climate change in all land use decisions; and Objective 2 To maintain Lasqueti Island’s lower than Canadian average rates of greenhouse gas emissions and seek out new means of further reducing greenhouse gas emissions through reduced fuel consumption and shifts to alternative forms of energy. While a detailed inventory is required to fully measure greenhouse gas emission rates on the Island, an aspirational target of maintaining Lasqueti Island’s greenhouse gas emissions at or below 50% of the Canadian per capita average rate is set, to be verified in 2020 and 2050. Climate Change Adaptation and Mitigation Policies Policy 1 The Local Trust Committee should consider the development of new criteria for assessing official community plan or zoning amendment applications from the perspective of climate change adaptation and mitigation. This criteria will address issues such as the impact of the density proposed on reducing GHG emissions, land use and the form of the development, use of building materials and construction methods, energy efficiency and sources, and the long term potential for the development to result in a decreased footprint on the landscape. Policy 2 The Local Trust Committee should support community efforts to record and measure the use of fossil fuels and GHG emissions through an annual inventory. Policy 3 The development of cycling and walking trails to permit non-automobile based forms of travel is strongly encouraged, separated from the road grade where possible. Policy 4 The community is encouraged to consider options to purchase lands to protect ecosystems and the character of Lasqueti Island. Policy 5 The Local Trust Committee should encourage local food production as a significant step to reducing food transportation costs and reducing GHG emissions created by food transport. Policy 6 The implementation of energy conserving buildings is strongly encouraged including the use of local materials and “small footprints”. Policy 7 The Local Trust Committee, government agencies, and Island residents are strongly encouraged to consider alternatives to slash burning. Advocacy Policies Policy 8 Provincial agencies, when considering changes to infrastructure on the Islands, are strongly encouraged to take a “small footprint” approach to any proposals for public infrastructure development. The investigation of opportunities to share resources or develop common facilities is strongly encouraged. Policy 9 The Province is strongly encouraged to support water conservation, rainwater catchment, and a wider range of options for sewage treatment for dwelling units. Policy 10 The community is encouraged to build on the community inventory completed in 2009 by developing a method (provided at no charge to each household) for continuing the collection of data on an ongoing basis. The inventory could collect data both on fuel use and estimated
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GHG emissions, and also record actions that are being taken to reduce GHG emissions, such as the installation of energy efficient stoves, windows, or improved insulation. Policy 11 The implementation of fuel saving measures at public and community buildings should be investigated by a team of island residents, and new methods proposed to reduce GHG emissions through the use of alternative energy sources. Policy 12 Education is recognized as the most powerful tool in reducing energy use, and Islanders are strongly encouraged to share their knowledge and assist other levels of government, agencies and Lasqueti Islanders in meeting the goals of this Plan.
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SCHEDULE B LAND USE DESIGNATION MAP