Salt Spring Island OCP Bylaw No. 434 - Island Heritage

Salt Spring LTA · Adopted Bylaws · Official Community Plans

This is a readable archive copy. For the authoritative wording, including maps and amendments, check the PDF we hold and the Islands Trust listing (currently unavailable at the Trust). The index date (2022-02-16) is a listing date, not necessarily the adoption or effective date.

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Salt Spring Island Local Trust Committee 20 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

A.8 ISLAND HERITAGE

A.8.1 OBJECTIVES

A.8.1.1 To encourage protection of the island's archaeological sites and other sites of significance to First Nations peoples,

Background Note: Archaeological sites are protected through designation as Provincial heritage sites or through automatic protection by virtue of being of particular historic or archaeological value. Protected archaeological sites may not be destroyed, excavated, or altered without a permit issued by the Minister (or designate) responsible for the Heritage Conservation Act. The Act is binding on government and, in matters of heritage conservation, it takes precedence over other legislation.

A.8.1.2 To identify and protect buildings, structures, roads, heritage trees, and other features that are part of the community's cultural heritage.

A.8.2 POLICIES

A.8.2.1 The Local Trust Committee will focus on public education and the encouragement of private stewardship to achieve the objectives of this section. The Committee should make information about the island's heritage widely available and provide assistance and encouragement to those who protect it.

A.8.2.2 The Local Trust Committee may create a Community Heritage Commission to provide community advice and assistance for protecting the community's heritage.

A.8.2.3 The Local Trust Committee should support efforts to update its Community Heritage Registry to identify island heritage buildings, heritage trees, and other heritage features that the community believes are worth conserving.

A.8.2.4 The Local Trust Committee will encourage the designation and protection of eligible heritage sites under the Heritage Conservation Act.

A.8.2.5 The Local Trust Committee should consider rezoning applications from property owners who wish to transfer their development potential from land that contains heritage buildings or other heritage features. Such specific land should be considered a Development Potential Donor Area even if it is in a Designation that is a Development Potential Receiving Area. Such applications should meet the guidelines in Appendix 4.

A.8.2.6 The restoration and heritage designation of buildings is an eligible community amenity, which could be exchanged for a higher density of development as outlined in Appendix 3.

A.8.2.7 An updated inventory of archaeological resources will be supported through:

a. Provision of updated archaeological site location information to the Archaeological Branch. b. Using archaeological potential mapping to identify areas having significant potential to contain unrecorded, protected archaeological sites.

A.8.2.8 The Local Trust Committee should support applications to change or vary zoning, setbacks or parking requirements that would encourage the maintenance or restoration of a heritage structure, archaeological site, or other First Nations cultural site.

A.8.2.9 When it considers rezoning applications that concern land with a known heritage feature, archaeological site, or other First Nations cultural site, the Local Trust Committee should ensure that the heritage features would not be damaged as the result of a zoning change.

Salt Spring Island Local Trust Committee 21 Otober 2020 Official Community Plan Bylaw No. 434 – Volume 1 (Consolidated)

A.8.2.10 Heritage features in the Ganges Village Core will continue to be protected through the heritage alteration permit process. The Local Trust Committee could also consider protecting heritage features, including First Nations archaeological sites or other First Nations cultural sites, in other parts of the island in this way.

A.8.2.11 The Local Trust Committee should develop a heritage management plan in consultation with community members to identify other ways to protect the community's heritage.

A.8.2.12 All development applications shall be reviewed for the presence of known and recorded archaeological sites, and for having significant potential to contain unrecorded archaeological sites in cases where archaeological potential mapping is available. Applicants will be notified if the application is within a known, protected archaeological site, or an area with significant potential to contain an unrecorded, protected archaeological site in cases where archaeological potential mapping is available. Notification may include direction to engage a professional consulting archaeologist to determine if an archaeological impact assessment is necessary to manage development related impacts.

Applicants should modify or revise proposed development plans to avoid archaeological site impacts as the best means of preserving archaeological resources. Alteration of a protected archaeological site requires a Provincial Heritage Alteration Permit prior to land altering activities.

The Local Trust Committee will avoid making zoning changes that would result in significant disturbance to an archaeological site. Should there be unavoidable conflicts with significant archaeological sites or trails, rezoning should not proceed unless measures are required to manage the impacts.

A.8.2.13 The Local Trust Committee will continue to work with the Ministry of Transportation and Infrastructure to identify and develop guidelines for designating and protecting the scenic and heritage value of island roads. Those sections identified by the community as having particularly high scenic and heritage values are shown on Map 15.

A.8.2.14 The Local Trust Committee should, in cooperation with First Nations and other agencies, develop improved methods of determining and assessing impacts on potential archaeological sites, or other First Nations cultural sites, when it is considering land use applications and referrals. The Local Trust Committee should obtain comprehensive development approval information as provided for in s. G.1.4.

A.8.2.15 To increase awareness of First Nations heritage, the Local Trust Committee should support the use of First Nations place names that have been recognized by all First Nations with interests in the related area.

A.8.2.16 The permanent formal protection of an archaeological site or other site of significance to First Nations peoples is an eligible community amenity, which could be exchanged for higher density of development as outlined in Appendix 3.

Others are encouraged to help achieve the objectives of this Section as follows:

A.8.2.17 The Capital Regional District is urged to consider requests from the Local Trust Committee for property tax exemptions or other actions requested to protect heritage property.

A.8.2.18 The British Columbia Assessment Authority is asked to assist the local community in protecting heritage property by applying Section 19 (10) of the Assessment Act to properties listed on the Community Heritage Registry or identified in Heritage Conservation Area 1.