TC - Galiano LTC DAI Bylaw No. 148

Galiano LTA · Adopted Bylaws · Other Bylaws

This is a readable archive copy. For the authoritative wording, including maps and amendments, check the PDF we hold and the Islands Trust listing. The index date (October 1, 2012) is a listing date, not necessarily the adoption or effective date.

Download our PDF copy · 11 PDF pages · SHA-256: 08ecfbea9912eed3ce614c84aaffcdbd52ae268a97a076698f2dccc7a082c534

Page 1 View PDF page

ISLANDS TRUST COUNCIL BYLAW NO. 148, 2012

************************************************************************************************************** A bylaw to establish procedures and policies for requiring development approval information for the Galiano Island Local Trust Area **************************************************************************************************************

WHEREAS the Galiano 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:

PART I TITLE

1. This Bylaw may be cited for all purposes as "Galiano Island Local Trust Committee Development Approval Information Bylaw No. 148, 2012".

PART II PURPOSE

2. 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.

PART III APPLICATION OF BYLAW

3. The requirements of this Bylaw apply to:

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

(b) applicants for a development permit; and

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 Galiano Island Official Community Plan Bylaw No. 108 or is an activity or development for which development approval information is otherwise required by that Bylaw.

4. 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.

5. 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.

PART IV PROCEDURE

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

Page 2 View PDF page

7. 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.

8. 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 20 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 23.

9. 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.

10. 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.

11. 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..

12. 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.

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

PART V S. 920 (DEVELOPMENT PERMIT) APPLICATION REQUIREMENTS

14. For Development Permit applications specified in sections 15 through 20 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.

15. 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 Riparian Areas, the report shall contain the following information:

a. A site 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, 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 where development would occur on slopes exceeding 20% grade.

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

Page 3 View PDF page

c. A description of the proposed development detailing construction, cut and fill, blasting, road or driveway construction, vegetation clearing, alteration to 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: the results of the riparian assessment, using a detailed or simple assessment as indicated in the Riparian Areas Regulation, and establishing the Streamside Protection and Enhancement Area (SPEA) width for the subject parcel. For other watercourses: 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. For a stream: a description of all 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: recommended measures to limit, mitigate and manage the impacts of the proposed development on riparian habit and features, the watercourse, and site hydrology.

f. 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.

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. For a stream, 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 ii. 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.

16. 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, the report shall contain the following information:

a. A site 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 significant features identified in the site inventory. Site profiles and cross sections demonstrating terrain conditions prior to disturbance and intended conditions

Page 4 View PDF page

post development shall be included where development would occur on slopes exceeding 20% grade.

b. A site 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.

c. A description 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.

d. 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.

e. 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.

g. 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.

17. 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 the natural environment, its ecosystem and biological diversity for the purpose of requiring development permits for Cutting and Removal of Trees, the report shall contain the following information:

a. A site plan professionally prepared at an appropriate scale, based on a legal survey, delineating the area of the proposed cutting or removal of trees, current buildings and structures, roads and driveways, topographic features, and 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 where development would occur on slopes exceeding 20% grade.

b. A site inventory, providing information on existing, pre-development timber species and quantities, current on-site and adjacent land uses, slope stability, erosional processes, hydrology and topography.

Page 5 View PDF page

c. A description of the proposed work, detailing volume, rate, and species of timber to be harvested. An evaluation of the sustainability of the proposed rate of harvest, based on the principle that the cutting rate over any ten-year or greater period should not exceed 75% of the cumulative annual growth in the stand for that same period. The report should also identify alternative development options.

d. An unqualified statement by a professional hydrogeologist stating that the proposed timber harvesting will not adversely impact aquifer(s), existing wells, or surface water bodies in terms of water quality and quantity. Where such a statement cannot categorically be made, the report should include specific recommendations on well and aquifer protection measures which would result in the requirement being met.

e. 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.

18. 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 the natural environment, its ecosystem and biological diversity for the purpose of requiring development permits for Elevated Groundwater Catchment Areas, the report shall consist of a hydrogeological assessment report containing the following information:

a. A site 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, and 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 where development would occur on slopes exceeding 20% grade.

b. A map showing the ownership and locations of all currently used water wells, springs and surface water features within a minimum radius of 1 km from the development site.

c. A site inventory, providing information on existing pre-development conditions, current on-site and adjacent land uses, slope stability, erosional processes, hydrology, surface water bodies, and topography.

d. A background analysis that includes the following known information on the site:

 A description of the hydrogeological system and setting, including the type of aquifer, aquifer boundaries, local surficial and bedrock geology, physical hydrogeology, local surface water features, estimated recharge area and conditions and climate;  A conceptual model of groundwater occurrence and groundwater-surface interaction;  A description of existing users within 1.0 km of the development site;  A preliminary pre-development water budget;  Water quality, including characterization of natural groundwater quality, potability, as well as possibility of contamination;  Methodology and, if applicable, uncertainties and limitations of the report.

Page 6 View PDF page

e. A description of the proposed work, detailing construction, cut and fill, blasting, road, driveway or utility line construction, vegetation clearing, water supply requirements, alteration to hydrological systems, septic field installation, landscaping, or other land alteration during or after the development phase. The report should also identify alternative development options.

f. An impact assessment consisting of:

 Cumulative effects analysis;  Impact to existing groundwater users, identification of the potential groundwater protection issues in the area and risk of saline intrustion;  Impact to surface water where applicable;  Other potential impact implications.

g. Conclusions and recommendations consisting of:  A summary of results and impact assessment;  An unqualified statement that the proposed development will not adversely impact aquifer(s), existing wells, or surface water bodies in terms of water quality and quantity; or  where such a statement cannot categorically be made, specific recommendations on well and aquifer protection measures which would result in the requirement being met.

h. 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.

19. 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 the natural environment, its ecosystem and biological diversity for the purpose of requiring development permits for Sensitive Ecosystems, the report shall contain the following information:

a. A site 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 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 shall be included where development would occur on slopes exceeding 20% grade.

b. A site 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:

 A check for observed species and ecosystems at risk;  A description of the context of the site including the use of adjacent lands and proximity to protected areas;

Page 7 View PDF page

 A check for the presence of raptor and heron nests;  A check for the presence of fish-bearing water courses.

d. A description 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 should 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.

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

a. A site 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 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 where development would occur on slopes exceeding 20% grade.

b. An assessment of potential geotechnical hazards that may affect the subject site and neighbouring properties. This should include a summary of the method of hazard analysis and the level of field work.

c. A description 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.

Page 8 View PDF page

d. An assessment of whether the proposed development would result in an acceptable probability of a geotechnical hazard, accompanied by supporting rationale.

e. Where an unacceptable level of hazard is identified, recommendations for measures to reduce hazards on the subject site and neighbouring properties.

21. Development Approval Information required in sections 15 through 20 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:  Registered Professional Biologist (R.P. Bio.) Tree Cutting and Removal Registered Professional Forester (R.P.F.), Professional Hydrogeologist (P.Geo.) Elevated Groundwater Professional Hydrogeologist (P.Geo) Catchment Areas Sensitive Ecosystem Registered Professional Biologist (R.P. Bio.) Geological Hazard Geotechnical Engineer (P. Eng.) or Professional Geoscientist (P. Geo.)

22. 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 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

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

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

b. a temporary use permit,

Page 9 View PDF page

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.

24. To 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:

a. 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 ;

b. hazards, including geological, flood, stormwater, and wildfire hazards;

c. greenhouse gas emissions, anticipated energy usage, and carbon emissions;

d. groundwater resources;

e. 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;

f. local and off-island public or community facilities;

g. local and off-island commercial services and employment opportunities;

h. affordable and seniors housing needs;

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

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

k. 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.

25. 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.

26. 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.

27. 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

Page 10 View PDF page

a. the object of the Islands Trust set out in the Islands 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.

28. 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.

29. 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

30. 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.

31. 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.

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

33. 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.

Page 11 View PDF page

34. 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 detail, 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.

PART VIII INDEPENDENT REVIEW

35. 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 including the methodology used in its preparation.

36. 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.

37. 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.

PART IX PROPRIETARY RIGHTS IN INFORMATION

38. The information that is provided to the Local Trust Committee pursuant to this Bylaw is required by the Local 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.

PART XI TRANSITION

39. Islands Trust Council Bylaw No.58, 1998 cited as the "Galiano Island Local Trust Committee Impact Assessment Bylaw No. 58, 1998" is repealed.

READ A FIRST TIME THIS 11TH DAY OF SEPTEMBER , 2012.

READ A SECOND TIME THIS 11TH DAY OF SEPTEMBER , 2012.

READ A THIRD TIME THIS 11TH DAY OF SEPTEMBER , 2012.

ADOPTED THIS 1st DAY OF OCTOBER , 2012.

CHAIR SECRETARY