NATURAL ENVIRONMENT DPA 8

Transcription

1 District of design guidelines DPA 8 North Cowichan District of North Cowichan Planning Department For further information: Phone (250) Trans Canada Highway P.O. Box 278, Duncan, B.C. V9L 3X4 Designated Area In accordance with Section 919.1(1)(a) and (b) of the Local Government Act, all areas shown in Schedule A are designated a Development Permit Area for the protection of the natural environment, its ecosystems and biological diversity, and for the protection of development from hazardous conditions. Development Permit Area (DPA) 8 consists of lands encompassing the following: All watercourses, streams and wetlands shown on Schedule A or as shown in the Cowichan Valley Environmental Planning Atlas and/or any lands within the riparian assessment area as set out in the Riparian Area Regulation.; All shoreline protection areas shown on Schedule A; All terrestrial habitat protection areas shown on Schedule A; and All nest tree protection areas (nests of eagles, herons, osprey, falcons, burrowing owl). No alteration of land, vegetation or development within the Development Permit Area shall be undertaken: a) without a permit issued pursuant to this bylaw; or b) contrary to the terms of a permit issued pursuant to this bylaw. Justification The District of North Cowichan (the District) has many areas identified by the Cowichan Valley Environmental Planning Atlas, the Sensitive Ecosystem Inventory for Southeast Vancouver Island and Gulf Islands and local knowledge as important habitats for fish, birds and wildlife, or that represent areas of native vegetation, rare and sensitive ecosystems and biological diversity. Some of these areas may also present hazards to development, by having steep slopes or erodible soils or by being subject to flooding. To protect and maintain these important assets, as well as to protect development from natural hazards, a development permit shall be required prior to alterations of land or vegetation in the designated areas. Exemptions Development permits shall not be required for development or disturbance within DPA 8 in the following instances: (a) (b) All agricultural or forestry operations administered under the Farm Practices Protection (Right to Farm) Act or Forest Practices Code of BC Act. Emergency works or procedures required to prevent, control or reduce flooding, erosion or other immediate threats to life or property. These include any of the following: i. Emergency flood or erosion control works. ii. Clearing of an obstruction from a (c) bridge, culvert or drainage flow. iii. Repairs to bridges or safety fences. iv. Cutting down of hazardous trees within a DPA that present an immediate danger to the safety of persons or will potentially damage public or private property, as determined by an arborist or similar professional, except in the Watercourse Protection Development Permit Area. Emergency actions by anyone other than District or provincial government staff must be reported immediately to the Public Works Department of the District. Planting and maintenance of native (indigenous) trees, shrubs or groundcover for the purpose of restoring or enhancing habitat values and/or soil stability within the DPA, (d) (e) (f) (g) provided such planting is carried out in accordance with guidelines or directions provided by the District. Construction of a trail within the DPA provided that it minimizes vegetation disturbance, is for personal, non-vehicular use only, is less than 1 meter wide, is constructed of gravel, mulch, spaced wood deck or some other pervious surface, and, does not cause erosion, except in the Watercourse Protection Development Permit Area. Subdivision of lands containing a protection area where all of the following apply: i. Minimum lot areas required under the Zoning Bylaw are achieved exclusive of the protection area (see Figure 1); ii. No development or development activities (e.g., construction, grading, clearing, trenching, installation of services, etc.) relating to the creation of lots or the provision of services for those lots will occur in a protection area; and iii. Protection areas are protected through dedication, conservation covenant or other provisions acceptable to the Approving Officer. Residential development on a lot for which a Riparian Area Assessment report was prepared and conditions implemented through the subdivision process. Public works and services, such as the construction, repair or maintenance of District services, by the District or its authorized agents and contractors, provided these meet or exceed the conditions of the following Guidelines. Figure 1 - Minimum lot area exclusive of protection area. DPA 8 Page

2 Guidelines Development permits shall be issued in this Development Permit Area (DPA) in accordance with the following guidelines. District of General (applicable to all Protection Areas) Protection areas Protection areas represent areas within this DPA that are of ecological value and that are susceptible to disturbance. They shall be maintained free of development and conserved in a natural vegetated state, except as allowed under a development permit issued in accordance with these Guidelines. Development permit applications must make every effort through site design to avoid or minimize encroaching into protection areas and to avoid impacts on their natural features, functions and conditions. Is a development permit required? To determine if a development permit is required, the boundaries of the identified protection area must first be determined (see Designated Area, pg.1). If no development is proposed within those boundaries then a development permit may not be required, though the guidelines under this section will still apply. If any development or related activities must occur within the protection area boundaries, then a development permit is required and all of the guidelines in the following sections apply. Location of boundaries Boundaries of protection areas are to be physically located on the ground by a B.C. Land Surveyor prior to any site development or other disturbance. Temporary barrier fencing is to be installed along these boundaries prior to any development activities, to demarcate the area of no disturbance. Subdivision When land containing a protection area is to be subdivided, all lots must provide minimum lot areas/dimensions required under the Zoning Bylaw exclusive of the protection area. (see Figure 1) Dedication Where possible, protection areas are to be dedicated for conservation purposes as required under section 6.1 of the Official Community Plan. Erosion control All development within this DPA is to be undertaken and completed in such a manner as to prevent the release of sediment to any watercourse, storm sewer or overland. An erosion and sediment control plan, including actions to be taken prior to land clearing and site preparation and the proposed timing of development activities to reduce the risk of erosion, may be required as part of the development permit application. Monitoring The District may require that the implementation of required environmental mitigation, restoration or enhancement measures approved under a development permit be monitored by a qualified professional consultant. Security Security shall be taken as a condition of issuance of a development permit to ensure that the conditions of the permit and these DPA Guidelines are met. For example, security may be required, and applied against, erosion control works, site grading, phased clearing, barrier fence installation, habitat restoration works, post-development success of revegetation and restoration works, or any other requirements of a development permit. Relaxation of other land use regulations Varying or relaxing other bylaw requirements (such as variances to front, side and rear yard setbacks, building height, parking requirements, etc.) will be considered in order to facilitate the protection of protection areas, particularly where the relaxation can make possible the development of the remainder of the lot. However, such relaxations cannot change the zoned use or exceed the maximum allowable density of the site prior to any dedication of a protected area. Page DPA 8

3 Watercourse Protection Areas (WPAs) WPAs shall include: a) Any land within those areas designated on Schedule A or as shown in the Cowichan Valley Environmental Planning Atlas and/or b) Any land within the riparian assessment area as set out in the Riparian Areas Regulation (BC Reg. 376/2204). Any development (including subdivision) proposed within 30 metres of the high water mark of a stream or the distance from the top of the ravine bank as defined in the Riparian Areas Regulation shall be required to submit an assessment report to the Municipality and the appropriate provincial and federal agencies in accordance with the Regulation. Stormwater outflows to a watercourse or WPA shall have water quality, water quantity and erosion control features installed that are satisfactory to the District so as to minimize impacts on fish habitat and to comply with the District s stormwater management policies and plans. Terrestrial Habitat Protection Areas (HPAs) Terrestrial Habitat Protection Areas (HPAs) The HPAs shown in Schedule A are derived from the Cowichan Valley Environmental Planning Atlas, and only approximate the actual boundaries of HPAs on the ground. HPA boundaries may be refined, with the assistance of a professional consultant, to locate HPAs accurately, and to maximize the inclusion of one or more of their natural features, functions or conditions (see definitions). In determining the boundaries of HPAs as part of site design, the following criteria shall be considered: a) Fewer larger undisturbed areas are better than many small but isolated areas b) Habitat areas connected by habitat linkages are better than isolated habitat areas. c) Habitat linkages need to be wide enough to maintain the health of the trees and vegetation that they contain (6m radius minimum undisturbed root area around a moderate sized tree), and should be sufficiently wide to avoid exposing a single tree or single row of trees to wind throw. d) Habitat on one parcel that is contiguous to habitat on another parcel is preferred. e) Habitat in locations with the least disturbance is preferred. f) Habitat with a variety of plant species, ages and multi-story vegetation is preferred. Shrub and ground cover understory should be maintained or replanted under habitat trees. g) Habitat without barriers to wildlife passage (e.g., walls, fences, roads) is preferred. Shoreline Protection Areas (SPAs) SPAs extend 30 meters inland from the natural boundary of the marine shoreline shown in Schedule A. Development in SPAs is restricted generally to only those uses necessitating shoreline access, and then only with appropriate environmental assessment and mitigation measures specified in a development permit. Existing vegetation within SPAs shall be maintained in its natural state so as to sustain habitat features and minimize impacts of development on slope stability and stormwater quality. Stormwater outflows shall have water quality and water quantity/erosion control features installed satisfactory to the District, so as to minimize impacts on slope stability and fish habitat and to comply with the District s stormwater management policies and actions. SPAs may also be subject to hazards associated with steep slopes or floodplains, and designated a Development Permit Area for natural hazard. Check with the District. DPA 8 Page

4 Nest Tree Protection Areas The locations of known nest trees are shown in the Cowichan Valley Environmental Planning Atlas. Other nest trees may be identified during the course of site assessment or development. All nest trees are protected under the provincial Wildlife Act. Notifying the District of these nest trees and adhering to these Guidelines will protect an applicant, landowner or developer from potential prosecution under the Wildlife Act as well as this Bylaw. Nest tree protection areas shall be determined in accordance with the Environmental Objectives, Best Management Practices and Requirements for Land Developments document and may include: a) areas to be maintained free of development and in a naturally vegetated state; b) areas of no disturbance and noise control during the breeding season (Jan 30-June 30); and/or c) distances from the nest tree in which no blasting should occur during the breeding season (Jan 30-June 30). Refer to this publication for further guidance on protection of nest trees. Varying the Boundaries of Protection Areas Varying the boundaries of protection areas to allow development shall be considered if: a) the protection area occupies so much of the property as to render it undevelopable for the use for which the property is zoned; or b) due to topographic, natural hazard or other environmental constraints, there is little or no acceptable development site on the property outside the protection area; or c) by averaging the width of the protection area over a property, an equal or greater area of ecological value, acceptable to the District, is provided. d) In the case of the Watercourse Protection Development Permit Area, an assessment has been undertaken by a Qualified Environmental Professional in accordance with the Riparian Area Regulation and the assessment supports any proposed boundary change. A development application may also propose to vary the boundaries if it can satisfy the District that the natural features, functions and conditions of the protection area will be preserved, protected and/or enhanced by the proposed development design. Vegetation Management, Restoration and Enhancement Existing, native vegetation is to be retained wherever possible to minimize disruption to habitat and to protect against erosion and slope failure. To ensure their long-term health, existing trees and shrubs that are retained shall be clearly marked prior to development, and temporary fencing installed at the drip line to protect them during clearing, grading and other development activities. If the area has been previously cleared of native vegetation, or is cleared during the process of development, replanting shall be required in accordance with these guidelines or requirements specified in the development permit. Areas of undisturbed bedrock exposed to the surface or natural sparsely vegetated areas shall not require planting. Vegetation species used in replanting, restoration or enhancement shall be selected to suit the soil, light and groundwater conditions of the site, should be native to the District, and be selected for erosion control and/or fish and habitat wildlife habitat values as needed. Replanting requirements will be set out in plans developed as part of the development permit application and approved by the District, or in accordance with guidelines provided by the District, and will form part of the development permit. All replanting shall be maintained by the property owner for a minimum of 2 years from the date of completion of the planting. This may require removal of invasive, non-native weeds (e.g., blackberry, Scotch broom, English ivy) and irrigation. Unhealthy, dying or dead stock will be replaced at the owner s expense within that time in the next regular planting season. Page DPA 8

5 Development Permit Application Information Requirements The District shall set the requirements for development permit application information by selecting from the following as relevant to the project being considered: A site survey plan (prepared to professional drafting standards) showing: a) lot boundaries, scale, date, and direction. b) all abutting streets and lanes. c) a topographic plan showing existing contours at an interval of 1 meter. d) all existing woods and/or trees. e) structures and impervious surfaces. f) watercourse and wetland edges, high water mark, top of bank, and watercourse protection area boundaries. g) Habitat protection area and shore protection area boundaries. h) Nest trees and applicable protection areas. For developments not subject to subdivision and creating no more than 2 units, the limit of protection areas may be determined and flagged on-site in cooperation with the District. A proposed development plan showing: a) the area of proposed development, indicating proposed roads, structures, impervious surfaces, utilities and other works. b) the limit of proposed clearing and grubbing, a limit of grading line, and the final proposed elevations by a combination of spot elevations and contours at the same interval as the site survey. c) an erosion and sedimentation control plan d) existing vegetation to remain after grading and related protective measures. e) proposed location of park dedication, if applicable. f) proposed replanting - site plans and cross sections showing location and configuration; g) details of any proposed works in watercourses, including plans showing: i) the location and configuration of the proposed work or structures, including the proposed areas of removal or deposit of any rock, gravel or soil, and proposed temporary access roads; ii) cross sections and details of the proposed work to clearly show the materials, scale and relationship of the work to existing conditions; h) a schedule showing the order of procedure, the timing and completion date of installation of the work The applicant may also be required to submit an environmental assessment by an appropriate professional consultant (or consultants) where development is proposed that: a) encroaches into a protection area or requires that the boundaries of a protection area be varied; or b) will cumulatively impact an area greater than 2 ha that lies within or substantially overlaps this DPA. The environmental assessment may include: a) a fish and wildlife habitat inventory; b) a hydrological assessment of drainage patterns and proposed storm water management facilities; c) geotechnical stability assessment and recommendations if sloping terrain exists on the site; d) an environmental impact statement regarding impacts on any protection area affected by the proposed development that includes proposed mitigation, restoration and/or enhancement measures and a vegetation management plan. DPA 8 Page

6 Definitions Averaging means adjusting the boundary of a protection area to provide an area equal to or greater than the original protection area while allowing for better development use of a property (see Figure 2). Arborist means a person certified as an arborist by the International Society of Arboriculture (ISA). Cowichan Valley Environmental Planning Atlas is a publication of provincial and federal agencies in partnership with the Cowichan Valley Regional District that identifies streamside planning areas, shoreline sensitive areas, sensitive ecosystems, and eagle and heron nests. Copies are available for viewing at the District of North Cowichan office. Development means activities involved in cutting, alteration, disruption or destruction of vegetation, disturbance of soil, deposit of soil or other material, construction or erection of buildings or structures, creation of impervious surfaces, installation of flood protection or drainage works, construction of roads, trails, and utility corridors, construction of docks, wharves and bridges, provision and maintenance of sewer and water services; development of utility corridors; subdivision as defined in section 872 of the Local Government Act. District means the incorporated municipality of the District of North Cowichan. Drip line means a line on the ground around the stem of a tree directly beneath the ends of the outermost twigs and branches of the tree. Enhancement means measures taken to improve the ability of a habitat to support plants, fish, wildlife or ecological processes, usually when the habitat has been previously altered or damaged. Figure 2 - Protection area boundary averaging Environmental Objectives, Best Management Practices and Requirements for Land Developments is a publication of the Ministry of Water, Land and Air Protection (formerly B.C. Environment) Vancouver Island Region (March 2001, or subsequent editions). Copies are available for viewing at the District office, from the MWLAP regional office, or can be downloaded from the Ministry regional office website at pa/bmp_dev1.htm. Habitat linkage means a linear corridor of natural vegetation or terrain that connects two or more protection areas and provides continuous wildlife passage from habitat to habitat. These links provide critical corridors for species to move to mix with other populations, find food, or avoid predation, and are important to maintaining wildlife and biological diversity. Hazardous tree means a tree which due to its condition, health or any other circumstances has been determined by an arborist or the Municipal Planner to present a hazard to the safety of persons or to the public or to private property. High Water Mark means the visible high water mark of a stream where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the stream a character distinct from that of its banks, in vegetation, as well as in the nature of the oil itself, and includes the active floodplain. Page DPA 8 Impervious surface means any human-made graded, hardened surface covered with materials comprised of asphalt, concrete, masonry, crushed gravel or combinations thereof.

7 Mitigation means measure taken during the planning, design, construction and operation of works and development to alleviate potential adverse effects on natural habitats. Mitigation can include a wide variety of activities (e.g., redesign or relocation of project components, timing of works, methods of construction or operation) that avoid or minimize impacts of a habitat s capacity to support plants, fish, wildlife, or ecological processes. Natural boundary means the visible high water mark of any watercourse or shoreline area where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed of the watercourse a character distinct from that of its banks, in respect to vegetation or in the nature of the soil itself. Natural features, functions and conditions are the characteristics of a protection area that make them ecologically valuable and sensitive to disturbance by human use and development. These characteristics have been defined more specifically for the following protection areas: For watercourse protection areas, these are the characteristics defined under the Riparian Area Regulation that are deemed necessary to support fish and other aquatic life processes, and include, but are not limited to, the following: a) large organic debris (logs, snags and root wads) that falls into the watercourse or streamside area, that provides shade and cover from predators for fish and contributes to the creation of pools, riffles and stable stream hydraulics; b) areas for channel migration, including active floodplains; c) side channels, intermittent streams, springs, seasonally wetted contiguous areas, floodplains, and other areas that contribute to summer base flows, winter refugia, and sources of cool water; d) the multi-canopied forest and ground cover adjacent to the watercourse that: i) shades the watercourse and moderates water temperatures, ii) provides a source of food (in the form of insects and leaf litter), nutrients and organic matter to streams, iii) establishes root matrices that stabilize soils and streambanks thereby minimizing erosion, and iv) buffers streams from sedimentation and pollution in surface runoff; e) any natural source of stream bed substrates; f) permeable surfaces that permit infiltration to moderate water volume, timing and velocity and maintain sustained water flows in streams, especially during low flow periods; g) sloping terrain or ravines that form the banks of the watercourse, as areas susceptible to erosion or landslip if their vegetation is removed. For terrestrial habitat protection areas, these are certain characteristics or ecological communities defined in the Cowichan Valley Environmental Planning Atlas and include: a) Unique or rare woodland communities; e.g., Garry oak stands, mixed stands of Douglas-fir/ Garry Oak, Arbutus/Garry Oak and Arbutus/Douglas-fir. b) Mature and older forest (average age >100 years) including live trees as well as standing dead trees and fallen logs. c) Coastal bluffs that include rocky islets, rocky shorelines inhabited by grasses and mosses, and coastal cliffs with pockets of grasses and wildflowers. d) Sparsely vegetated communities that include sand dunes, sand and gravel spits and inland cliffs with patchy vegetation. DPA 8 Page

8 e) Areas with unique or rare herbaceous communities including natural grasslands, wildflower meadows, and grass and moss-covered rock outcrops. f) Habitat where red or blue-listed plant or animal species have been identified and confirmed. Nest tree means a tree containing the nest of a bird protected under the Wildlife Act, and includes the nests of eagles, herons, ospreys, peregrine falcons, gyrfalcons and burrowing owl. Nest tree protection area means an area measured from the base of a nest tree which is considered to buffer the nest and its occupants from adverse effects of development and other human activities, the radius of which is determined according to the Environmental Objectives, Best Management Practices and Requirements for Land Developments. Older forest means a stand of trees where the average tree age is greater than 100 years. Professional consultant means an applied scientist or technologist specializing in a relevant applied science or technology including, but not necessarily limited to, agrology, biology, engineering, fisheries and wildlife management, geology, hydrogeology, landscape architecture or geo-morphology and a) who is registered in BC with their appropriate professional organization and acting under that association s Code of Ethics and subject to disciplinary action by that association, and/ or b) who, through demonstrated suitable education, experience, accreditation and knowledge relevant to the particular matter, may be reasonably relied on to provide advice within their area of expertise. Protection area means an area of ecological value that is susceptible to disturbance, and include areas defined in this Bylaw as a: Watercourse protection area. Terrestrial habitat protection area. Shoreline protection area. Nest tree protection area. Restoration means measures taken to re-establish habitat features, functions and conditions damaged or destroyed by human or natural activities. Shoreline protection area means all land within 30 meter measured perpendicularly from the natural boundary of the marine foreshore that is identified in this bylaw for its importance to fish habitat and/or other sensitive environmental features that are susceptible to disturbance. Sloping terrain means land with slopes which average greater than 20% for a vertical distance of 3 metres or more, or slopes designated as hazard lands by a Professional Engineer with experience in geotechnical engineering; Structure means any material or a combination of materials that are constructed for use, occupancy or ornamentation whether installed on, above, or below the surface of land or water, but excludes impervious surface. Terrestrial habitat protection area means an upland area identified in this bylaw for its rarity, uniqueness, sensitivity or exceptional ecological value and that is particularly susceptible to disturbance. Page 8 DPA 8

9 Top of bank means the points closest to the natural boundary of a watercourse where a break in slope occurs such that: the grade beyond the break is flatter than 3:1; and the land beyond the break in slope maintains a grade flatter than 3:1 for a minimum of 15 metres measured perpendicularly from the watercourse. Lesser slopes beyond the initial break in slope that are steeper than 3:1 but are less than 1 meter in height shall be included in the determination of the 15 meter distance from the top of bank. Tree means a woody perennial plant with a stem or stems each of which has a diameter of at least 10 centimeters measured at a height of 30 centimeters above the natural grade of the land, and includes the roots, branches, trunk, crown or any part of the tree. Watercourse or stream includes any of the following that provide fish habitat: watercourse, whether it usually contains water or not; a pond, lake, river, creek or brook; a ditch, spring or wetland that is connected by surface flow to something referred to in the previous two bullet points. Watercourse planning area means an area on either side of a watercourse identified in the Cowichan Valley Environmental Planning Atlas as a stream planning area within which development proposals will necessitate a detailed examination of the area to satisfy any environmental or fisheries concerns (p.5, Cowichan Valley Environmental Planning Atlas). Watercourse protection area means any land within those areas designated on Schedule A or as shown in the Cowichan Valley Environmental Planning Atlas and/or the area within 30 metres of the high water mark of a stream or the distance from the top of the ravine bank as defined in the Riparian Assessment Regulation. Wetland means land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions supports vegetation adapted for life in saturate soil conditions, including swamps, marshes, bogs and similar areas. Woods means an area that contains more than 10 trees where trees are on average closer than 5 metres from centre to centre of stem. The edge of a woods is defined by the line linking the outside of the stems of the outermost trees. DPA 8 Page

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11 Section # Name # of pgs. DPA 1 Multifamily Housing 4 DPA 2 General Commercial 4 DPA 3 Chemainus Commercial 2 DPA 4 Crofton Commercial 2 DPA 5 General Industrial 2 DPA 6 Infill Housing 5 DPA 7 Marine Commercial Waterfront 8 DPA 8 Natural Environment 10 DPA 8 Page 11

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13 District of North Cowichan design guidelines District of North Cowichan Planning Department For further information: Phone (250) Trans Canada Highway P.O. Box 278, Duncan, B.C. V9L 3X4 DPA 8 Page 13