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Development Permit Area for the Protection of the Natural Environment: Streamsides

Development Permit Area for the Protection of the Natural Environment: Streamsides. District Council Workshop May 15, 2007. Introductions. Consulting Team: Harriet Rueggeberg Susan Stratis Staff Team: Ken Bennett Richard Boase and Andrew Vander Helm Susan Haid

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Development Permit Area for the Protection of the Natural Environment: Streamsides

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  1. Development Permit Area for the Protection of the Natural Environment:Streamsides District Council Workshop May 15, 2007

  2. Introductions • Consulting Team: • Harriet Rueggeberg • Susan Stratis • Staff Team: • Ken Bennett • Richard Boase and Andrew Vander Helm • Susan Haid • Tamsin Guppy and Ross Taylor • GIS Dept.

  3. Purpose of this Session • Why Streamside protection • Briefly review existing streamside protection in DNV • Explain the Development Permit Area (DPA) • Explain the “Protected Area” • Seek council’s approval in principle of this approach and proceed to public consultation

  4. What is a Watercourse? • Definition: • “includes … • a) a pond, lake, river, creek or brook whether it usually contains water or not; and • b) a ditch, spring or wetland that is connected by surface flow to something referred to in paragraph a).” • From the Riparian Areas Regulation

  5. Why protect watercourses and riparian areas? Fish Greenspace Wildlife

  6. Riparian Areas Regulation (2004) • Requires local governments to protect riparian areas during development • Base protection on state of watercourse and riparian area rather than type of land use • Use land use regulation powers under Part 26 of Local Government Act

  7. Env’l Protection & Preservation Bylaw • 1994: aquatic section based on 1992 Land Development Guidelines • Setbacks from TOB: • 15 m ( SF residential) • 30 m (multifamily, commercial, industrial) • Permits needed for any work or removal of vegetation in stream corridors • MOU - Environmental Review Committee

  8. District OCP – current policies (1990) • Natural Environment Policies • Conserve and protect the watercourses, lakes and foreshore environments (Policy 3.1.2) • Local Plans • Detailed policies for protection and enhancement of streams • DPA 1 (Environment) • applies to all upper forested areas, major streams. • DPA guidelines do not contain specific guidelines or setbacks, do require environmental impact study.

  9. Existing DPA Map (Protection of Natural Environment)

  10. What is a Development Permit Area? • Sections 919 and 920 (Part 26) of Local Government Act • Development permits may: • Specify areas to remain free of development • Require natural features to be preserved, enhanced • Require protection measures – retain and replant vegetation, control drainage and erosion, etc. to preserve, protect, restore or enhance fish habitat or riparian areas.

  11. Why a DPA for streamside protection? • Clear authority to regulate a range of development activities • More comprehensive regulation than environmental permitting (limited #activities) or zoning (building setbacks only) • Meet Part 26 obligations under the RAR • Give clear guidance to property owners • Disadvantage: poor enforcement mechanisms

  12. What this DPA will not address • Protection from hazardous conditions • Marine foreshore

  13. Process for Creating Streamside DPA • Develop technical framework • Generate a map of the DPA • Review with DFO • Prepare draft bylaw amendments • Council workshop • Public information sessions – affected landowners • Revise draft bylaws • Council review and adoption

  14. Designating the DPA • Methodology: • Staff reviewed GIS maps of all creeks in the District. • Using GIS, a 15m line was drawn from centre line of creeks. Any property touched by this line is included in the DPA. • Staff reviewed contours to determine Top of Bank and identified any additional parcels. • Summary • DPA applies to all parcels that contain a watercourse and/or lie within 15m of TOB of a watercourse, or 10m of TOB of a ravine greater than 60m in width.

  15. Map of the Streamside DPA – current and new

  16. Defining the Protected Area • Protected Area = area to be ultimately protected from development within DPA • Methodology to establish the Protected Area is based on the ‘Simple Assessment’ under the RAR • Setbacks are measured from Top of Bank (TOB). This provides an enhanced level of protection as the RAR methodology is measured from the high water mark.

  17. Protected Area cont’d • Protected area (setback) = • 15 m from TOB • 10 m from top of ravine bank for ravines > 60 m wide • Existing permanent structures and land uses can continue as always (i.e., ‘grandparented’) • “No net loss” principle applied • New development that cannot avoid Protected Area must compensate for loss of riparian area • “No build” zone from stream centreline to 5 m from TOB • 

  18. Protected Area – residential lots

  19. Protected Area – residential lot e.g.

  20. Realities in Existing Neighborhoods

  21. Protected Area – large parcels • > 0.5 ha (1.2 acres) • May have opportunity to protect more significant riparian areas than SF lots • Again based on RAR “Simple Assessment”, assuming that existing or potential vegetation is greater than 15 m in width

  22. Protected Area – large parcel cont’d Compensation Area No further extension

  23. Compensating for Riparian Loss • Compensation ‘ratio’ • Footprint, Permanence, Activity level, shade • Examples • Improving riparian vegetation on or off site • Removing other structures and restoring • Improving in-stream habitat – restoration plan

  24. Exemptions - would not need a DP for: • Development outside the Protected Area • Routine landscape maintenance • Renovation on existing foundation • Non-structural exterior reno’s (painting, etc.) • Emergency actions to prevent immediate threat to life or property • Public works and services – follow guidelines • Riparian or in-stream restoration (approved) • Seasonal play equipment on existing lawn • Subdivision – where building envelope is outside protected area

  25. Proposed Development Permit Process • Planning – administers DP applications and approves permits • Environmental Services – reviews, advises of DP conditions • Requires delegation of authority to staff • Council approval required if zoning bylaw variances needed.

  26. Bylaws Required • OCP amendment bylaw • Development Procedures Bylaw 7660 amendment • EPP Bylaw 7659 amendment

  27. 1. OCP Amendment Bylaw • Main elements….. • New DPA applies to all watercourses/streamside areas • New map showing all parcels in DPA • Definitions of all terms (i.e. protected area, top of bank) • Detailed objectives and justification • Specific guidelines and exemptions

  28. 2. Development Procedures Bylaw • Main elements….. • Establishes fees for Streamside DPA • Reasonable fees ($100 for reconstruction on existing foundations, $200 new house or subdivision lot, no fee for habitat restoration) • Delegates authority to issue permits to staff • Director of Sustainability, Planning and Building issues permits • Except where zoning variance involved, then application goes to Council for approval.

  29. 3. EPP Bylaw amendment • Main elements…… • Remove portions of Aquatic section of EPP bylaw (so no duplication with DPA). • Retains regulations regarding discharge into watercourses, obstructing streams, in-stream works.

  30. North Shore Municipalities: Similar approach • West Van • Adopted Watercourse Protection & Enhancement DPA and guidelines in OCP. Protected area - 15m from TOB existing developed area; 30m new neighbourhoods. • Delegated authority to staff • City of North Van • Adopted Streamside Protection & Enhancement DPA, with guidelines in zoning bylaw. Applies to properties within 15m of TOB (protected area). • Delegated authority to staff.

  31. Summary • DPA process is a better tool to protect streams and the adjacent riparian area than the Environmental Bylaw • The DPA process is clearly defined with a clear legislated mandate • The DPA fulfils our obligation under the Riparian Areas Regulation (RAR) • The DPA recognizes all the intrinsic ecological values of our creek corridors. It is not just about fish.

  32. Summary cont’d • The DPA process will formalize what staff are doing now under the Env. Bylaw • The DPA will replace the Aquatic Section of the Env. Bylaw • The “Protected Area” is defined to meet or beat the RAR • Exemptions clearly defined, consistent with the RAR • Provides certainty and consistency

  33. Resource Implications • DPA applications and the review process by staff in Planning remains unchanged. • The application of the DPA process for projects by District Operations and Parks requires further assessment. • Potential implications to the Financial Plan will be provided when the DPA bylaws are introduced to Council in the Fall.

  34. Next Steps • Parks & Natural Environment Committee May 23 • Proceed to public consultation in June: • 2 sessions • Refine the Bylaws from the input from Council and the public • Back to Council for adoption in the Fall 2007 (includes bylaw readings and public hearing).

  35. Comments ~ Questions ~

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