Watercourse DPA District of North Vancouver Streamside DPA 1 Development Permit Area for the...

transcript

District of North Vancouver

Streamside DPA

Development Permit Area for the Protection of the Natural Environment:

Streamsides

District Council Workshop

May 15, 2007

Streamside DPA

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.

Streamside DPA

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

Streamside DPA

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

Why protect watercourses and riparian areas?

Wildlife

Greenspace

Streamside DPA

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

Streamside DPA

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

Streamside DPA

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.

Existing DPA Map (Protection of Natural Environment)

Streamside DPA

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.

Streamside DPA

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

Streamside DPA

What this DPA will not address

Protection from hazardous conditions

Marine foreshore

Streamside DPA

Process for Creating Streamside DPA

1. Develop technical framework

2. Generate a map of the DPA

3. Review with DFO

4. Prepare draft bylaw amendments

5. Council workshop

6. Public information sessions – affected landowners

7. Revise draft bylaws

8. Council review and adoption

Streamside DPA

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.

Map of the Streamside DPA – current and new

Streamside DPA

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.

Streamside DPA

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

Streamside DPA

Protected Area – residential lots

Streamside DPA

Protected Area – residential lot e.g.

Streamside DPA

Realities in Existing Neighborhoods

Streamside DPA

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

Streamside DPA

Protected Area – large parcel cont’d

Compensation Area

No further extension

Streamside DPA

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

Streamside DPA

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

Streamside DPA

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.

Streamside DPA

Bylaws Required

OCP amendment bylaw

Development Procedures Bylaw 7660 amendment

EPP Bylaw 7659 amendment

Streamside DPA

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

Streamside DPA

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.

Streamside DPA

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.

Streamside DPA

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.

Streamside DPA

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.

Streamside DPA

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

Streamside DPA

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.

Streamside DPA

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).

Streamside DPA

Comments ~ Questions ~

Watercourse DPA District of North Vancouver Streamside DPA 1 Development Permit Area for the...

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