Piers Island OCP Bylaw No. 51

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SALT SPK1KC INI AND TRUST COMMITTEE

BY-LAW NO. 51

*************** A*Aft***************************************************************************£**; A BY-LAW TO DES1CKATE THE COMMUNITY PLAN FOR PIERS ISLAND AS THE OFFICIAL COMMUNITY PLAN FOR THE SAID ISLAND

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WHEREAS by Section 710 of Division (1) of Part 21 of the Municipal Act the Council of a municipality may have community plans prepared and they may be expressed in maps, plans, reports or any combination of them;

AND WHEREAS by Section 711 of the said Division (1), the Council of a municipality may, by by-law, designate any community plan prepared under the said Section 710 as the Official Community Plan or as part of the Official Cormunity Plan;

AND WHEREAS Section 4(2)(h) of the Islands Trust Act confers on the Salt Spring Island Trust Commit te all power and authority of a municipality under Section 708 and Divisions (1), (2), (3) and (4) of Part 21 of the Municipal Act and all power and authority of a Regional District under Sections 807 to 813 of the Municipal Act;

AND WHEREAS pursuant to Section 810, except subsection (4), of the Municipal Act, the Salt Spring Island Trust Committee has prepared a community plan for Piers Island, which said community plan is attached hereto as Schedule "A", and deems it expedient to designate the said community plan as an Official Community Plan; NOW THEREFORE the Salt Spring Island Trust Committee, in open meeting assembled, enacts as follows:

1. The Community Plan attached hereto as Schedule “A” and made a part of this by-law is hereby designated as the Piers Island Official Community Plan.

2. This by-law may be cited as the "Piers Island Official Community Plan By-law, 1980".

READ A FIRST TIME THIS 20th day of January 1981

READ A SECOND TIME THIS 8th day of July 1981 READ A THIRD TLME THIS 17th day of November 1981

APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS THIS 2nd day of March 1982 RECONSIDERED AND FINALLY ADOPTED THIS 16th day of March 1982

Manager Chairman

Certified a true and correct copy of » By-law No. 51 for Salt Spring Island.

Administrative Officer Date •

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SCHEDULE "A”

Purpose*

The purpose of this Plan is to guide the development of Piers Island in accordance with agreed upon goals, policies, a schedule of land use categories, and a plan map. It recognizes the unique character of existing development on the Island, and provides for a minimal increase in existing land uses, in order to maintain a pleasant, and convenient, as well as environmentally balanced community for resi¬ dence and recreation. No existing commercial uses presently . exist on Piers Island, except for home occupa tional uses, and none are planned in the future. It sets out a schematic arrangement of major classes of both community and private land uses. It also ensures that the Island shall not be overdeveloped in the future. It is anticipated that the provisions of this Plan will result in a population of approximately four hundred (400) permanent and seasonal residents at maximum development. The Plan does not specify every land use nor does it attempt to define accurate boundaries between permitted land uses. These tasks are left to regulating by¬ laws, which are to be drawn up to conform with this Plan's provisions. These by-laws will be enacted with full and open discussion and with public hearings as required by the Municipal Act.

Goals

1. To preserve Piers Island’s rural unspoiled character, natural beauty and views, and to protect its foreshores and surrounding waters.

2. To recognize the existing character of development on Piers Island, and to provide for a minimum of infilling, in keeping with the existing development, to complete the intended development of the Island.

3. To encourage the conservation of forest land, the retention of trees on community and private land, and to conserve other resources, Including the protection of watercourses.

4. To retain the existing choice of dwelling types, both permanent and seasonal, in suitable areas, including privately used guest cottages in conjunction with principal dwelling units, because the island can only be reached by privately owned boats.

5. To ensure a healthful environment and to facilitate the provision of community and private services which are essential to the health and welfare of residents and visitors.

6. To provide for the recreational needs of residents and visitors, under community auspices, and subject to property controls.

PART 1 - PROPOSALS FOR THE ISLAND POLICIES 1. Number of one-family dwellings or auxilllary guest cottages on a parcel Except in community areas, and subject to other provisions of this Plan, and to the detailed provisions of the Zoning By-law:

(a) Only one one-family dwelling and/or one auxiliary guest cottage shall be erected on one parcel of land, to conform with the restrictive cove¬ nant registered against all lots on the Island. No auxiliary guest cottage shall exceed 37 square metres (400 sq. ft.) in total floor area,

2. Residential Areas

Residential land is to be reserved for permanent and seasonal residential development (with no lot smaller than 0.16 hectare (0.4 acre)) to maintain the natural qualities and rural character of the Island. Under no circum- 1 stances shall more than five (5) additional lots be created In the Residential Area. This will complete residential development of Piers Island at a total of 128 residential lots.

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3. Rural Residential Areas

Rural Residential land is to be reserved for permanent and seasonal residential development (with no lot smaller than 0.8 hectare (2 acres)). This will com¬ plete the rural residential development of Piers Island at a total of three (3) rural residential lots.

4. Community and Recreation Areas No development other than community services and recreational facilities is to be permitted in Community and Recreational Areas.

5. Transportation

u> Transportation facilities, including only public roads and docks, are to be designed to provide for safe and efficient movement, to harmonize with the quiet rural atmosphere, to enhance the quality of the landscape, and to minimize destruction of trees and natural features within the right-of-way.

(b) Transportation developments which reduce dependence on private cars and other motorized vehicles are to be encouraged; provision is to be made for water transport facilities, hiking, and bicycling trails. 6. Lands subject to Flooding

In the interests of public health, safety, and protection of the environment, development is to be prohibited in areas prone to flooding, and the use of property adjacent to watersheds is to be restricted.

7. Building Design Buildings should be in keeping with the environment and topography so as to enhance rather than detract from the natural beauty.

8. Potable Water

Subdividers are to be required, as a condition of subdivision approval, to prove that potable water is available to service every lot. Since an Island¬ wide community water system is available, no private wells may be drilled, or used for water supply, and all dwelling units on all lots must be connected to the existing community water system.

9. Waste Disposal

No building permit is to be issued unless sewage from the building in question is to be disposed of into an individual sewage disposal system or to a community system approved by the Capital Regional District. Every encouragement is to be given to schemes for the recycling of domestic garbage. Each individual sewage disposal system shall be confined within the boundaries of its respective lot, and any septic tank and absorption field shall be set back at a minimum of 16#5 metres (50 ft.) from the natural boundary of the sea.

10. Senior Governments, etc. This Plan is to be brought to the attention of senior government departments (in addition to the Ministry of Transportation and Highways and to B.C. Ferries), and to the Crown Corporations, with the request that they observe its provisions*

11. Zoning Regulations Individual land parcel zoning shall conform with the Plan Map. 12. Water Areas Water areas are to be utilized in such a manner as to complement activities s and planning goals, on the adjoining shores.

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3 - 13 . Volunteer Fire Department

Fire protection on the Island is provided by the Piers Island Volunteer Fire Department under the sponsorship of the Piers Island Improvement District. The fire protection system comprises a truck, a tractor, and island wide alarm operated through the telephone system, and an island-wide network of fire hydrants. SCHEDULE OF LAND USE CATEGORIES

Land Use Major Uses

Residential Single family dwelling, auxilliary guest cottage

Rural Residential Single family dwelling, auxilliary guest cottage

Community & Recreation Community recreation facilities, community facilities including fire protection and water supply, in keeping with the restrictive covenant registered against the community and recreation areas.

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Schedule ’A1 PIERS ISLAND ■o

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I PAS S AGt TRUST COMMITTEE