TC - Gabriola LTC DAI Bylaw No. 150

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ISLANDS TRUST COUNCIL BYLAW NO. 150.

A bylaw to establish procedures and policies for requiring development approval information for

the Gabriola Island Local Trust Area

WHEREAS the Gabriola Island Local Trust Committee, pursuant to s.920.01 of the Local Government Act, has specified in an official community plan areas and circumstances for which

development approval information may be required;

The Islands Trust Council, pursuant to s.920.1 of the Local Government Act and s.29(3.1) of the Islands Trust Act, enacts as follows:

PARTI

PART II

2.

PART Ill

3.

PART IV

6.

TITLE

This Bylaw may be cited for all purposes as "Gabriola island Local Trust Committee Development Approval Information Bylaw No. 150, 2013".

PURPOSE

The purpose of this bylaw is to allow the Local Trust Committee to obtain information on the anticipated impact of proposed activities or development on the community.

APPLICATION OF BYLAW The requirements of this Bylaw apply to:

a. applicants for amendments to a bylaw of the Gabriola Island Local Trust Committee enacted under s.903 of the Local Government Act;

b. applicants for a development permit; and ¢. applicants for a temporary use permit,

if the activity or development that is the subject of the application is in an area specified for the provision of development approval information in Gabriola Is'and Official Community Plan Bylaw No. 166, Mudge Island Official Community Plan Bylaw No. 227 or Decourcy Island Official Community Plan Bylaw No. 16, or is an activity or development for which development approval information is otherwise required by those Bylaws.

The requirements of this Bylaw do not apply to any application for an activity or development that is a reviewable project under the Environmental Assessment Act.

Where development approval information is to be provided, the information shall be provided by the applicant, at the applicant's cost, in the form of a report prepared by the appropriate professional as set out in this bylaw.

PROCEDURE

The official assigned from time to time to provide planning services to the Gabriola Island Local Trust Committee is the official for the purposes of this Bylaw.

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11.

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PART V

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15.

Within 30 days of receipt of an application an official shall determine whether and to what extent development approval information will be required in accordance with this bylaw and shall communicate the requirement to the applicant in writing.

An official may determine that all or part of the required development approval information must be provided for each application, either in a report described in Sections 15 through 18 in the case of development permit applications described in those sections, or pursuant to terms of reference that establish the scope of the required impact information for applications described in Section 21.

An applicant may request reconsideration by the Local Trust Committee of a decision of an official under this Bylaw within 30 days of the date on which the decision is mailed faxed or emailed to them.

A request for reconsideration must be delivered in writing to the Planning Clerk and must set out the grounds on which the applicant considers the requirement is inappropriate and what, if any, requirement the applicant considers the Local Trust Committee ought to substitute.

The Planning Clerk must place each request for reconsideration on the agenda of the next meeting of the Local Trust Committee following the date on which the request for reconsideration was delivered, provided the request is received at least 10 days prior to that meeting.

The Planning Clerk must notify the applicant and any other person who the Planning Clerk reasonably considers may be affected by the reconsideration, of the date of the meeting at which the reconsideration will occur.

At the meeting, the Local Trust Committee may either confirm the requirement or decision of the official or substitute its own requirement or decision.

S. 920 (DEVELOPMENT PERMIT) APPLICATION REQUIREMENTS

For Development Permit applications specified in Sections 15 through 18 of this bylaw, the applicant shall provide, as part of the development permit application, all or part of a report in the specified form as determined by the official.

For an application for a permit in respect of a development permit area designated under s. 919.1(1)(a) of the Loca! Government Act for protection of Riparian Areas, the report shall contain the following information:

a. Asite plan professionally prepared at an appropriate scale, based on a legal survey, delineating the proposed development and associated features, the development permit area boundary, existing buildings and structures, roads and driveways, topographic features, the locations of the top of bank, high water mark, Streamside Protection and Enhancement Area (SPEA) widths, the width of any zones of sensitivity, and measures to maintain the integrity of the SPEAs. Site profiles and cross sections demonstrating terrain conditions prior to disturbance and intended conditions post development shall be included.

b. Asite inventory providing a description and evaluation of the riparian values, including species of fish that frequent the waterbody, and riparian features and habitat present.

c. Adescription of the proposed development detailing construction, cut and fill, blasting, road or driveway construction, vegetation clearing, alteration to

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hydrological systems, alterations affecting the watercourse, septic field installation, landscaping, or other land alteration during or after the development phase. The report should also identify alternative development options.

d. An assessment of the nature and extent of the impact of the proposed development. For a stream, as defined under the Riparian Areas Regulation: the results of the riparian assessment, using a detailed or simple assessment as indicated in the Riparian Areas Regulation, and establishing the SPEA width for the subject parcel. For other watercourses, that is, those that do not meet the definition of a stream under the Riparian Areas Regulation: an assessment of anticipated impacts on riparian habitat and features, the watercourse, and site hydrology. The assessment should identify impacts stemming from the construction phase, the intended long-term use of the site, and any cumulative impacts of development.

e. Fora stream, as defined under the Riparian Areas Regulation: a description of ail measures that will be taken to maintain and protect the SPEA from development, including, where appropriate, assessment and treatment of danger trees, windthrow, slope stability, tree protection during construction, encroachment and sediment and erosion control. For other watercourses, that is, those that do not meet the definition of a stream under the Riparian Areas Regulation: recommended measures to limit, mitigate and manage the impacts of the proposed development on riparian habit and features, the watercourse, and site hydrology.

Any recommended monitoring requirements, identifying actions that will be taken to ensure ali proposed activities are completed as described, including a monitoring schedule and process for resolving any non-compliance.

g. Recommended actions to restore or enhance riparian functions or habitat that have been degraded prior to development or that would be impacted by the proposed development.

h. Forastream, as defined under the Riparian Areas Regulation, professional certification by the Qualified Environmental Professional(s) preparing the report that he or she is qualified to carry out the assessment, that the assessment methods have been followed, and provides his or her professional opinion that:

i. If the development is implemented as proposed there will be no harmful alteration, disruption or destruction of natural features, functions and conditions that support fish life processes in the riparian assessment area, or

ji. If the streamside protection and enhancement areas identified in the report are protected from the development and the measures identified in the report as necessary to protect the integrity of those areas from the effects of the development are implemented by the developer, there will be no harmful alteration, disruption or destruction of natural features, functions and conditions that support fish life processes in the riparian assessment area.

For an application for a permit in respect of a development permit area designated under s. 919.1(1}(a) of the Local Government Act for protection of Shoreline and Marine areas (Gabriola Pass, Flat Top Islands and Lock Bay Areas), the report shail contain the following information:

a. Asite plan professionally prepared at an appropriate scale, based on a legal survey, delineating the proposed development and associated features, natural boundary of the sea, the landward development permit area boundary, existing buildings and structures, roads and driveways, topographic features, and

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significant features identified in the site inventory. Site profiles and cross sections demonstrating terrain conditions prior to disturbance and intended conditions post development shall be included.

Asite inventory, providing information on existing plant communities, marine and terrestrial habitats, current on-site and adjacent land uses, slope stability, erosional processes, hydrology, topography and marine sediment transport. This baseline assessment may require the involvement of several suitably qualified professionals.

For land based developments, a site background analysis that includes the

following known information on the site:

= Acheck for observed species and ecosystems at risk;

= Adescription of the context of the site including the use of adjacent lands and proximity to protected areas;

= Accheck for the presence of raptor and heron nests; and

= Acheck for the presence of fish-bearing watercourses.

Adescription of the proposed development detailing construction (e.g. buildings, dock, ramp, road or driveway, etc), cut and fill, blasting, vegetation clearing, alteration to hydrological systems, alterations affecting the marine foreshore, septic field installation, landscaping, or other land alteration during or after the development phase. The report should also identify alternative development options.

An assessment of the nature and extent of the impact of the proposed development, in particular anticipated impacts on identified site conditions, including but not limited to marine and terrestrial habitat, site hydrology, marine sediment transport, and public access to and along the foreshore. The assessment should identify impacts stemming from the construction phase, the intended long-term use of the site, and any cumulative impacts of development in the area. The assessment should also include identification of potential impacts on adjacent sites and proximate sensitive areas.

Recommended measures to limit, mitigate and manage the impacts of the proposed development on terrestrial and marine habitats, as well as geomorphic, hydrological and coastal processes. The report should describe mitigation measures and their anticipated effectiveness in maintaining the health, form and function of environmentally valuable features.

Any recommended monitoring requirements, identifying actions that will be taken to ensure ali proposed activities are completed as described, including a monitoring schedule and process for resolving any non-compliance.

Recommended actions to restore or enhance ecosystem functions or habitat that have been degraded prior to development or that would be impacted by the proposed development.

For an application for a permit in respect of a development permit area designated under s, 919.1(1)(a) of the Local Government Act for the purpose of requiring development permits for Ecosystem Protection (The Tunnel), the report shall contain the following information:

a. Asite plan professionally prepared at an appropriate scale, based on a legal

survey, delineating the proposed development and associated features, the development permit area boundary, existing buildings and structures, roads and

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driveways, topographic features and significant features identified in the site inventory and conservation evaluation. Site profiles and cross sections demonstrating terrain conditions prior to disturbance and intended conditions post development shail be included.

b. Asite inventory, commenting on the ecosystem classification, and based on current best practices, such as the Resources Information Standards Committee Standards for Describing Terrestrial Ecosystems in the Field, providing information on the existing plant communities, aquatic and terrestrial habitats, sensitive ecosystems, nesting trees, the presence of rare species and rare plant communities, current on-site and adjacent land uses, slope stability, erosional processes, hydrology and topography.

c. A site background analysis that includes the following known information on the site: » Accheck for observed species and ecosystems at risk;

= Adescription of the context of the site including the use of adjacent lands and proximity to protected areas;

= Acheck for the presence of raptor and heron nests;

= Acheck for the presence of fish-bearing water courses,

d. Adescription of the proposed development detailing construction, cut and fill, blasting, road or driveway construction, vegetation clearing, alteration to hydrological systems, septic field installation, landscaping, or other land alteration during or after the development phase. The report shouid also identify alternative development options.

e. An assessment of the nature and extent of the impact of the proposed development, in particular anticipated impacts on identified environmentally valuable features, including but not limited to sensitive ecosystems, rare plant communities, rare species habitat, and site hydrology. The assessment should identify impacts stemming from the construction phase, the intended long-term use of the site, and any cumulative impacts of development in the area. The assessment should also include identification of potential impacts on adjacent sites and proximate sensitive areas.

f. Recommended measures to limit, mitigate and manage the impacts of the proposed development on environmentally valuable features. The report should describe mitigation measures and their anticipated effectiveness in maintaining the health, form and function of environmentally valuable features.

g. Any recommended monitoring requirements, identifying actions that will be taken to ensure all proposed activities are completed as described, including a monitoring schedule and process for resolving any non-compliance.

h, Recommended actions to restore or enhance ecosystem functions or habitat that have been degraded prior to development or that would be impacted by the proposed development.

18. For an application for a permit within a developmen: permit area designated under s. 919.1(1)(b) of the Local Government Act for protection of development from Steep Slopes, the report shall contain the following information:

a. Asite plan professionally prepared at an appropriate scale, based on a legal survey, delineating the topographic features and showing natural slope contours in 1 to 5 metre contour intervals, significant natural features, current and

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proposed buildings and structures, roads and driveways, proposed site grading and post development contours. Site profiles and cross sections demonstrating terrain conditions prior to disturbance and intended conditions post development shall be included.

b, An assessment of potential geotechnical hazards that may affect the subject site and neighbouring properties including all issues related to site drainage, soil slippage (surface or deep seated), rock fall hazards, seismic constraints, site clearing and vegetation retention. This should include a summary of the method of hazard analysis and the level of field work.

c. Adescription of the proposed development detailing construction, cut and fill, blasting, road or driveway construction, vegetation clearing, alteration to hydrological systems, alterations affecting the marine foreshore, septic field installation, landscaping, or other land alteration during or after the development phase. The report should also identify alternative development options and any tecommended mitigation measures.

d, Any recommended monitoring requirements, identifying actions that will be taken to ensure all proposed activities are completed as described, including a monitoring schedule and process for resolving any non-compliance.

e. Where applicable, the report must meet the report guidelines for Legislated Landslide Assessments for Proposed Residential Development in British Columbia, May 2010, including submission of Schedule D (Landstide Assessment Assurance Statement).

19. Development Approval Information required in Sections 15 through 18 must be prepared by a professional or professionals, with qualifications specified in the table below, and in good standing with his/her professional organization within British Columbia, acting within his/her area of expertise, and with demonstrated and pertinent experience and/or training; except that the official may approve the involvement of a person having different qualifications if demonstrated, relevant, experience and qualifications are in the official’s opinion suitable for the preparation of the information being provided in relation to a particular development permit application:

TYPE OF INFORMATION _| CONSULTING PROFESSIONAL

Riparian Areas Qualified Environmental Professional

Shoreline and Marine Geotechnical/hydrological and marine considerations: * Geotechnical Engineer (P. Eng.) or Professional Geoscientist (P. Geo.) Biological / environmental considerations: e Registered Professional Biologist (R.P. Bio.)

Tree & Natural Vegetation | Registered Professional Biologist (R.P. Bio.) or Registered Protection Professional Forester (RPF)

Steep Slopes Geotechnical Engineer (P. Eng.) or Professional Geoscientist (P. Geo.)

20. If the official is not satisfied that the impact information provided by the applicant is sufficient to comply with the requirements of the bylaw, either in scope, level of detail, accuracy or in any other respect, or does not address any particular information requirements that are identified in or arise from any applicable guidelines in an official community plan, the official may require the applicant to provide, at the applicant's

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expense, further information reasonably required to comply with the bylaw, but a requirement for further information may be imposed once only.

PART VI TERMS OF REFERENCE

21. Within 30 days of the receipt of an application for the following:

b.

amendments to a bylaw of the Gabriola-Island Local Trust Committee enacted under s.903 of the Local Government Act,

a temporary use permit, the official shall provide to the applicant written Terms of Reference for the

preparation of information on the impact of the activity or development that is the subject of the application.

22. Fo the extent that the proposed activity or development can reasonably be expected to have an appreciable impact on any of the following matters, the Terms of Reference must include those matters in the scope of the information that is to be

prepared:

23.

a

or

the natural environment of the area affected, including sensitive ecosystems and the habitat of rare or threatened species, including surrounding habitats impacted by the development activity ;

hazards, including geological, flood, stormwater, and wildfire hazards; greenhouse gas emissions, anticipated energy usage, and carbon emissions; groundwater resources;

local infrastructure, including highways, ferry, water supply and sewage systems, fire protection systems, solid waste disposal and recycling facilities, utilities, local parking facilities and any other affected public infrastructure;

local and off-island public or community facilities;

local and off-island commercial services and employment opportunities; affordable and seniors housing needs;

agricultural reserve lands and agricultural and forestry uses in the vicinity of the development;

cultural heritage resources including resources of historical, cultural, archaeological, paleontological or architectural significance whether on land or underwater; and

aesthetic values including the visual appearance of the development from adjacent properties, public lands, or the sea, and the effect of any artificial lighting proposed.

In addition to any matter listed in s.22, the official may include in the Terms of Reference any other matter on which the official considers information ought to be provided to the Local Trust Committee to permit a full understanding of the impact of the proposed activity or development on the island community affected.

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24. The Terms of Reference must address any particular information requirements that are identified in or arise from any applicable guidelines in an official community plan, and in all cases must address any particular information requirements specified for such an application in any development application procedures bylaw of the Local Trust Committee.

25. In addition to any other requirements the Terms of Reference may require the person preparing the impact information to provide information on the relationship between the proposed activity or development and

a. the object of the islands Trust set out in the /slands Trust Act; b. the Islands Trust Policy Statement; c. the Islands Trust Fund Plan; and

d._ in the case of a proposed zoning amendment, the official community plan of the Local Trust Committee.

26. The Terms of Reference may specify that the impact information will be prepared by a person having professional expertise in the matters included in the Terms of Reference, and may include information specifying the identity, qualifications and experience of the person who the applicant proposes to engage to prepare the information.

27, The Terms of Reference must specify the date by which and the form and the number of copies in which the impact information will be provided.

PART VII PREPARATION OF DEVELOPMENT APPROVAL INFORMATION

28. The applicant must prepare the impact information in accordance with the accepted Terms of Reference and within the time specified in the Terms of Reference must provide it to the Local Trust Committee, at the applicant's expense.

29. For every matter within the scope of s.22 that is included in the Terms of Reference, the applicant must

a. identify relevant baseline information and document the nature of the resource or other matter on which the proposed activity or development may have an impact,

b. identify and describe the potential and likely impacts of the activity or development including any cumulative effects when combined with other projects proposed or under development;

c. evaluate the impacts in terms of their significance and the extent to which and how they might be mitigated; and

d. make recommendations as to conditions of approval that may be appropriate to ensure that undesirable impacts are minimized or avoided,

all in accordance with generally accepted impact assessment methodology.

30. Ifthe Terms of Reference specify professional expertise in the preparation of impact information, prior to authorizing the preparation of the information by any person the applicant must deliver to the official information specifying the identity, qualifications and experience of the person who the applicant proposes to engage to prepare the

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32.

PART VII

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35.

PART IX

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information, unless that information was included in the approved Terms of Reference.

Within 10 business days of receipt of the information, the official must advise the applicant whether the proposed person is acceptable, and if the person is not acceptable the official must advise the applicant in writing of the reason and may propose one or more alternative acceptable persons. If such advice is not provided by the end of the tenth business day, the official is deemed to have accepted the proposed person.

If the official is not satisfied that the impact information provided by the applicant is sufficient to comply with the Terms of Reference, either in scope, level of detaii, accuracy or in any other respect, the official may require the applicant to provide, at the applicant's expense, further information reasonably required to comply with the Terms of Reference, but a requirement for further information may be imposed once only. If the additional information is found to be deficient by the official, the application will be declined.

INDEPENDENT REVIEW

If the official considers that the impact information provided by the applicant, or any portion of it, requires an independent review prior to being considered by the Local Trust Committee, the official may require the applicant to provide such a review of the information inciuding the methodology used in its preparation.

The official may specify that the independent review be conducted by a member of the relevant professional association, and may specify terms of reference for the review.

The applicant must arrange for the independent review to be conducted and submitted in writing to the Local Trust Committee, at the applicant's expense and within the time specified by the official.

PROPRIETARY RIGHTS IN INFORMATION

The information that is provided to the Local Trust Committee pursuant to this Bylaw is required by the Loca! Trust Committee in the exercise of its powers under the Local Government Act and the Islands Trust Act. Every report or other document provided to the Local Trust Committee pursuant to this Bylaw must accordingly contain an express grant of permission to the Local Trust Committee to use and reproduce the information contained in the report or other document for non- commercial purposes.

READ A FIRST TIME THIS 49 DAY OF JUNE , 2014.

READ A SECOND TIME THIS 19% DAY OF JUNE , 2014.

READ A THIRD TIME THIS 19% DAY OF JUNE , 2014.

ADOPTED THIS 29TH DAY OF JUNE 2014.

SECRETARY CHAIR