texada island official community plan
Transcription
texada island official community plan
TEXADA ISLAND OFFICIAL COMMUNITY PLAN BYLAW NO. 395, 2005 Adopted September 28, 2006 Consolidated for Convenience Only September 12, 2012 PPowell River Regional District AMENDMENTS MADE TO TEXADA ISLAND OCP, BYLAW NO. 395, 2005 Amendment Bylaw No. 395.1, 2008 Adoption Date Applicant Aug. 28, 2008 Gyrfalcon Enterprises Ltd. 395.2, 2011 Aug. 23, 2012 Powell River Regional District Purpose Re-designate Lots 215 & 217 from “Resource” to “Rural Residential” Include targets for the reduction of greenhouse gas emissions, and policies and actions with respect to achieving those targets. TEXADA ISLAND OFFICIAL COMMUNITY PLAN BYLAW NO. 395, 2005 TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................... 2 Legislative Authority ...................................................................................................................... 2 Amendment Procedure.................................................................................................................... 2 Interpretation ................................................................................................................................... 2 Map Schedules ................................................................................................................................ 3 Planning Area Boundaries .............................................................................................................. 3 Planning Area Jurisdiction .............................................................................................................. 4 Basic Premises ................................................................................................................................ 4 II. VISION STATEMENT ....................................................................................................... 5 III. OBJECTIVES ...................................................................................................................... 5 Environmental Objectives............................................................................................................... 5 Climate Change Mitigation and Adaptation Objectives ................................................................. 6 Agricultural Objectives ................................................................................................................... 6 Economic Objectives ...................................................................................................................... 7 Social Objectives ............................................................................................................................ 7 Heritage Objectives ......................................................................................................................... 7 Summary of Objectives................................................................................................................... 8 IV. POLICIES ............................................................................................................................ 8 A. Land Use Designation Policies............................................................................................ 9 A.1. COMMUNITY WATERSHED AREAS................................................................ 9 A.2. TRANSFER SITE ................................................................................................. 11 A.3. AGRICULTURE .................................................................................................. 11 A.4. RESIDENTIAL SETTLEMENT .......................................................................... 13 Rural Village ......................................................................................................... 15 Rural Residential ................................................................................................... 16 Rural Low Density ................................................................................................ 17 A.5. RESOURCE .......................................................................................................... 17 B. CLIMATE CHANGE MITIGATION AND ADAPTATION POLICIES ................... 19 C. General Land Management Policies ................................................................................ 20 C.1. WATER RESOURCES ........................................................................................ 20 C.2. PRESERVATION AREAS .................................................................................. 22 Hazardous Lands................................................................................................... 22 Unique and Sensitive Features .............................................................................. 23 Vegetation ............................................................................................................. 23 C.3. NATURAL RESOURCES ................................................................................... 25 Mineral Resources ................................................................................................ 25 Forestry Resources ................................................................................................ 27 Fish and Wildlife Resources ................................................................................. 28 C.4. HERITAGE........................................................................................................... 30 C.5. INDUSTRY AND COMMERCE ......................................................................... 32 C.6. SERVICES............................................................................................................ 34 Water Supplies and Sewage Disposal ................................................................... 34 Community Services ............................................................................................. 35 Wireless Telecommunications Facilities Siting .................................................... 36 C.7. COASTAL DEVELOPMENT.............................................................................. 36 C.8. RECREATION ..................................................................................................... 37 C.9. TRANSPORTATION ........................................................................................... 40 C.10. POLLUTION ........................................................................................................ 42 C.11. SUBDIVISION AND DENSITY ......................................................................... 42 D. Implementation Policies .................................................................................................... 43 D.1. PLAN IMPLEMENTATION ............................................................................... 43 V. DEVELOPMENT PERMIT AREAS .............................................................................. 44 A. Priest Lake and Cranby Lake Development Permit Area No. 1 ................................... 44 APPENDIX A – DEFINITIONS & INTERPRETATIONS ................................................... 48 APPENDIX B - THE AVERAGING PRINCIPLE.................................................................. 51 VI. MAP SCHEDULES Map A - Land Use Designations Map B - Water Resources Map C - Natural Resources Map D - Recreation/Preservation Areas Map E - Major Road Network Plan Map F - Development Permit Areas TEXADA ISLAND OFFICIAL COMMUNITY PLAN SCHEDULE “A” BYLAW NO. 395, 2005 This is Schedule “A” of the “Texada Island Official Community Plan, Bylaw No. 395, 2005”. Schedule “A” consists of: SECTION I Introduction SECTION II Vision Statement SECTION III Objectives SECTION IV Policies SECTION V Development Permit Areas SECTION VI Implementation Maps – all maps incorporated in the Plan by inclusion in Policies MAP SCHEDULES Map A - Land Use Designations Map B - Water Resources Map C - Natural Resources Map D - Recreation/Preservation Areas Map E - Major Road Network Plan Map F - Development Permit Areas APPENDIX A - Definitions & Interpretations APPENDIX B - The Averaging Principle All other material included on these pages is not part of Schedule “A” of Bylaw No. 395, 2005. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 1 I. INTRODUCTION Planning on Texada Island began in 1973 when the Ministry of Municipal Affairs produced a general “Land Use Plan” for the Island. This “Land Use Plan” was subsequently replaced by the Texada Island Official Community Plan (OCP/Plan) which, over the years has been reviewed and replaced by a number of updated versions, this being the most current. An OCP sets out the community’s vision and includes objectives and policies regarding land use and future development as well as social and environmental considerations applicable in the planning area. The purpose of the OCP is to provide direction to government agencies, businesses and private landowners concerning future land use and the provision of services. Legislative Authority The Powell River Regional District, like all other local governments in British Columbia, receives its legislative authority to prepare official community plans through the provisions of Section 876 of the Local Government Act. Section 882 of the Local Government Act states that a community plan, in a rural area (such as Texada Island), becomes an "official" community plan once it has been adopted as a bylaw of the Regional District. Under Section 884 of the Local Government Act, an adopted official community plan restricts the Powell River Regional District to enacting bylaws and/or undertaking works that are consistent with the OCP. The OCP does not commit or authorize the Regional District to proceed with any project specified in the Plan. Note: Persons wishing specific details of the requirements of an official community plan and the items it is permitted to cover should refer to the appropriate sections of the Local Government Act. Amendment Procedure The OCP may be amended by the Powell River Regional District at its initiative or in response to a request by a landowner who submits an application in accordance with the Development Services Procedures Bylaw of the Powell River Regional District. All applications for an OCP amendment will be considered by the Powell River Regional District Board and a public hearing must be held if the Board is to adopt the amending bylaw. Interpretation The final interpretation of the precise location of boundaries of any designation or symbol contained in the Plan’s map schedules shall be legally defined by the appropriate land use bylaws enacted over time by the Powell River Regional District or by site survey, as required. Symbols or designations used in the map schedules indicate approximate locations of existing or proposed activities, uses or features. The exact extent of such an activity or the overall size is to be determined through more detailed studies, policy decisions or local bylaws. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 2 In interpreting the objectives and policies of the OCP, the term “shall” is used to denote that the indicated measure “must” be taken or applied. The terms “should” and "may" indicate that the suggestion is intended as a guideline that is deemed advantageous to apply or implement by the authority having jurisdiction. Map Schedules The OCP contains the following map schedules, which form an integral part of the Official Community Plan Bylaw: Map A - Land Use Designations Map B - Water Resources Map C - Natural Resources Map D - Recreation/Preservation Areas Map E - Major Road Network Plan Map F - Development Permit Areas Planning Area Boundaries The Texada Island Official Community Plan area encompasses all of Electoral Area “D” of the Powell River Regional District. It includes all of Texada Island, and the surrounding waters. The Island comprises a landmass of 30,160 hectares. Approximately 21,183 ha. or 71% of the total area is Crown land and 8,976 ha. or 29% is private land. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 3 Planning Area Jurisdiction If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the official community plan can only state the broad objectives of the local government with respect to the matter. These objectives are advisory only and their implementation is dependent upon the co-operation of the responsible federal or provincial agency. Since it is not a regulatory bylaw, an official community plan, except for the development permit provisions, does not impose restrictions on individual landowners. It is, however, the basis for any future land use regulations. Basic Premises The Texada Island OCP has been developed based on the following premises: 1. Expansion activity in the major resource industries is likely in quarrying and is possible in forestry/logging. 2. Population growth is possible in the coming five year period and the recent population decline may not continue. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 4 3. Residents value a quality of life which offers independence and freedom from restriction, a variety of housing options and a clean environment. 4. With careful management, present water sources will meet the community’s needs for the coming five years. New sources would be costly to develop. II. VISION STATEMENT An official community plan is intended to serve as a strategy for development. It is helpful to develop a hierarchy of objectives in order to provide a sense of direction to this strategy, which recognizes the aspirations of Islanders, reflects the development of their community and is mindful of the area's opportunities and limitations. This is achievable by beginning with the “Vision Statement”, which is an expression of the desired outcome for the community. This statement is clarified and expanded upon through a set of objectives and policies. Outlined below is the “Vision Statement” for Texada Island. “The Texada Island community is committed to maintaining a spacious, independent and sustainable rural lifestyle with minimum regulations. Residents recognize the importance of preserving the Island’s rich heritage and its unique environment while encouraging thoughtful economic development anchored by the mining and forestry industries. The communities of Van Anda and Gillies Bay will continue to be focal points for higher density residential development due to the existing level of small lot development and infrastructure.” III. OBJECTIVES The OCP objectives are broad statements of what the Plan is intended to achieve. These objectives were derived from an analysis of: a. community values and the existing quality of life on the Island; b. the sort of future development that is desired and/or expected; and c. the type and extent of development that the Island’s natural environment can physically support or sustain. Environmental Objectives 1. RETAIN and enhance the rural character and natural amenities of the Island. 2. RELATE the type, scale and intensity of land use to the natural capacity of the land to support development. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 5 3. ENSURE the design of development is sensitive to important landscape features such as watercourses, hillsides and sensitive ecosystems by working with and providing necessary information to property owners. 4. RETAIN in a natural state, areas where development may prove hazardous to public health or safety. 5. OPTIMIZE community watersheds in such a manner as to provide the maximum amount of water at the highest possible standards. 6. IDENTIFY, protect and restore environmentally significant areas. 7. REDUCE risk to sensitive ecosystems, rare and endangered species, Crown land resources and the community from unintended or unnecessary change to the natural environment. 8. RETAIN and utilize the native vegetation for practical and aesthetic purposes. 9. PRESERVE for public enjoyment, areas of particular biological, recreational, scenic or historical significance. 10. ENSURE the long-term availability of fresh and salt water suitable for all uses which are considered appropriate to the planning area - domestic, industrial, recreational, agricultural, wildlife and fisheries. 11. ENSURE sustainability of sea life in the planning area. Climate Change Mitigation and Adaptation Objectives 1. MEET or BEAT the provincial target to reduce greenhouse gas emissions by 33% by the year 2020. 2. CONSIDER the impacts of climate change in all land use decisions. Agricultural Objectives 1. ENCOURAGE and support the development of a strong economically viable agricultural community. 2. ENCOURAGE environmentally sound farm practices. 3. ENCOURAGE and support the reservation of lands within the Agricultural Land Reserve for agricultural and related uses. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 6 Economic Objectives 1. ENCOURAGE a diversified and stable local economy. 2. ENSURE that the Island’s natural resources are managed and used in a sustainable manner to maximize their long-term economic benefits to the planning area and the province. 3. MINIMIZE any negative environmental or social consequences of resource management, tourism, transportation and commercial or industrial development. 4. ENCOURAGE economic development that results in employment opportunities for young adults so they may remain on the Island and contribute to its wealth. Social Objectives 1. ENSURE the provision of sufficient and suitable recreational land and facilities to meet the present and future recreational needs of Island residents and the visiting public. 2. ENHANCE the ecological, economic, recreational and aesthetic qualities of the Island’s coast line and surrounding waters. 3. ENCOURAGE the development of affordable housing (including seniors housing) to meet the Island’s housing needs for the coming five year period. 4. MAINTAIN a level of services consistent with the rural low population density of the planning area. 5. ENSURE the availability to each household of a safe and adequate domestic water supply and an effective sewage disposal system which meets the Ministry of Health’s standards. 6. ESTABLISH a safe, efficient and economical transportation network to meet but not exceed the future needs of Island residents and resource users. 7. 8. RETAIN and protect social infrastructures, including schools. ENCOURAGE the preparation and maintenance of emergency preparedness plans to help residents deal with and survive disasters. Heritage Objectives 1. RECOGNIZE the importance of heritage to the Plan area. 2. ENCOURAGE and FACILITATE the identification, protection and conservation of heritage and archaeological sites located in the Plan area. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 7 3. FOSTER an awareness and understanding of the importance of traditional use and culturally significant sites on Texada Island to Sliammon and possibly other First Nations. Summary of Objectives 1. PROVIDE for orderly and economical community development. 2. STRENGTHEN the Island’s identity as an independent rural community. 3. OPTIMIZE land use options for future generations. 4. INVOLVE the local public, private developers and government agencies in a co-operative and co-ordinated approach to community development. IV. POLICIES Policies of the Texada Island Official Community Plan are contained in the following three policy sections. 1. Land Use Designation Policies These policies are in accordance with the land use designations shown on Map A, which is attached hereto and forms part of the Texada Island Official Community Plan, and refer primarily to matters which could be regulated by implementing zoning bylaws. Where appropriate, general policies pertaining to present or future uses of land having these designations have been included. 2. General Land Management Policies This policy section deals with land uses and other factors affecting or affected by development which the Regional District Board will not at this time regulate but which are considered relevant to this Plan. The policies indicate the Regional District’s position on particular issues and are intended to serve as guidelines to developers. When given an official or unofficial opportunity for input on development proposals, the Regional District Board will do its utmost to ensure that development is in accordance with these policies. 3. Implementation Policies Policies in this section refer to actions to be taken by the Regional District Board to implement the Texada Island Official Community Plan. In some instances, the Board will act directly, e.g. amending the zoning bylaw. On matters beyond Regional District jurisdiction, the Board will solicit the cooperation of senior government agencies in implementing Plan policies. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 8 A. LAND USE DESIGNATION POLICIES A.1. COMMUNITY WATERSHED AREAS This designation applies to the two existing community watersheds, as defined by the Ministry of Environment, on Texada Island: the Cranby Lake watershed, which supplies Gillies Bay, and the watershed of the Priest/Spectacle/Kirk Lake system, which serves Van Anda. With careful management, these sources will meet the domestic needs of these settlement areas for more than the coming five years. Degradation of these sources would significantly affect Island residents. No other surface water sources are capable of supplying the needs of a major group of water users and although available information indicates that Texada Island may have substantial stores of water hidden underground, these are of unknown quality and are presently difficult and costly to access. Preserving the quality of water in these lakes, therefore, is imperative. Accordingly, the effective management and protection of community watersheds is a major objective of the Texada Island Official Community Plan and the watershed protection bylaw that has been adopted. To achieve this objective, the Plan policies advocate strict controls over the type of uses permitted and the manner in which those uses develop throughout the watershed areas. The level of control prescribed by the Plan is justified by the potential for these sensitive areas to be harmed by inappropriate development. Policies are intended to prevent the degradation of water quality. Where possible, these policies will be implemented by land use regulations. POLICIES A.1.a. ENCOURAGE that farming operations be conducted in the community watershed areas in accordance with the Farm Protection Act, Agricultural Waste Control Regulation, Waste Management Act and the Code of Agricultural Practice for Waste Management. A.1.b. ENCOURAGE local Improvement Districts to increase public awareness of the sensitivity of community watersheds and the location of their boundaries. A.1.c. REQUEST logging companies to consult with the Water Management Branch and with relevant local Improvement District Boards when preparing cutting plans for logging of private land within watersheds. A.1.d ENCOURAGE the Ministry of Agriculture and Lands and the Ministry of Forests and Range to retain, in perpetuity, public ownership and to manage, for watershed protection purposes, all Crown land within the watersheds of existing major or minor domestic water sources denoted on Map B. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 9 A.1.e. REGULATE the development or alteration of habitat within the riparian areas of the Cranby Lake and Priest Lake watersheds in accordance with the provisions in Section V. “Development Permit Areas”. Cranby Lake Watershed The following policies apply to lands designated “Cranby Lake Community Watershed”. A.1.f. Lands within the Cranby Lake Watershed are designated as “Cranby Lake Community Watershed” on Map A, which is attached hereto and forms part of the Texada Island Official Community Plan. A.1.g. PERMIT lands designated “Cranby Lake Community Watershed” to be used for lowdensity residential, limestone quarrying, forest management and harvesting, noncommercial agriculture, airport and accessory uses (excluding fuel storage or sales) and low-impact recreation. A.1.h. PERMIT the subdivision of lands designated “Cranby Lake Community Watershed” into parcels with a minimum parcel size of 10 hectares (25 acres). A.1.i. PERMIT a maximum density in lands designated “Cranby Lake Community Watershed” of 1 single-family dwelling unit per legal parcel up to 10 hectares (25 acres); for parcels larger than 10 hectares (25 acres), 1 single-family dwelling for the first 10 hectares (25 acres) plus 1 single-family dwelling for each additional 10 hectares (25 acres) or portion thereof. Priest Lake Watershed The following policies apply to lands designated “Priest Lake Community Watershed”. A.1.j. Lands within the Priest Lake Watershed are designated as “Priest Lake Community Watershed” on Map A, which is attached hereto and forms part of the Texada Island Official Community Plan. A.1.k. PERMIT lands designated “Priest Lake Community Watershed” to be used for lowdensity residential, mineral extraction (including limestone quarrying), forest management and harvesting, non-commercial agriculture, low-impact recreation and docks or floats for upland owners’ private use. A.1.l. PERMIT the subdivision of lands designated “Priest Lake Community Watershed” into parcels with a minimum parcel size of 4 hectares (10 acres). _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 10 A.1.m. A.2. PERMIT a maximum density in lands designated “Priest Lake Community Watershed” of 1 single-family dwelling per legal parcel up to 4 hectares (10 acres); for parcels larger than 4 hectares (10 acres), 1 single-family dwelling for the first 4 hectares (10 acres) plus 1 single-family dwelling for each additional 4 hectares (10 acres) or portion thereof. TRANSFER SITE What to do with waste is a particularly critical issue on an island where improper management can have devastating and long-term impacts on the natural environment, especially the water resources. Texada Island residents are encouraged to reduce, reuse and recycle household waste. Recycling bins are located in Van Anda and Gillies Bay. One small parcel has been allocated as a transfer site for the storage of glass, tires, metal waste and large appliances only. Household garbage and other waste are transported for disposal to a site outside the Plan area. This constitutes an environmentally sound and economical waste management system for Islanders. Additional waste disposal sites within the Plan area are not desired. POLICIES A.2.a. Land designated as “Transfer Site” is depicted on Map A, which is attached hereto and forms part of the Texada Island Official Community Plan. A.2.b. PERMIT lands designated “Transfer Site” to be used for: (i) storage of refuse that has been transported to the land from elsewhere within the Plan area; and (ii) buildings and structures accessory to the uses permitted in clause (i). A.2.c. TRANSPORT household and other solid waste generated on the Island which cannot be composted, recycled or stored on the “Transfer Site”, to the regional disposal site on the mainland for disposal. A.2.d. No land within the Plan area will be designated for the storage of garbage generated beyond the Plan area boundaries. A.2.e. ENCOURAGE Texada Island residents to practice source reduction through composting and recycling. A.3. AGRICULTURE _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 11 Agriculture is of growing importance on Texada Island. Currently there are several bona fide farms as recognized by the BC Assessment Authority operating on the Island. These farms produce beef, swine, sheep, poultry, orchard products, forage crops, forestry seedlings and market gardens. Products are sold on Texada Island, Vancouver Island and the mainland and provide a substantial source of income for the operator. The Agricultural Land Reserve (ALR) covers portions of Texada Island. These lands have been designated “Agriculture” on Map A. Land within the ALR on Texada Island can be categorized as either prime, capable of producing a wide range of crops; or secondary, limited by topography or other factors, suitable primarily for livestock production. Significant amounts of land within the ALR on Texada have the potential for a wide diversity of agricultural pursuits. Transportation and land clearing costs, notwithstanding, expansion of agricultural activity is considered both possible and desirable as a means to diversify the local economy, providing at least a supplementary income to some residents. Accordingly, the preservation of the agricultural potential on ALR land is desirable. POLICIES A.3.a. Lands within the Agricultural Land Reserve are designated “Agriculture” on Map A, which is attached hereto and forms part of the Texada Island Official Community Plan. A.3.b. All lands within the ALR are subject to the provisions of the B.C. Agricultural Land Commission Act and the regulations and orders of the Agricultural Land Commission. The Act and regulations generally prohibit or restrict non-farm use and subdivision of ALR lands, unless otherwise permitted or exempted. A.3.c. PERMIT lands designated “Agriculture” to be used for agriculture and accessory residential use and other compatible uses as provided for in the B.C. Agricultural Land Commission Act, regulations pursuant thereto, and Orders of the Commission. A.3.d. In order to reduce the risk of contamination of community water supplies, agricultural land use on ALR lands located within the Cranby and Priest Lake Community Watersheds shall be in accordance with all community watershed policies. A.3.e. DISCOURAGE the subdivision of land in the ALR where topography, parcel size and soil capability indicate a good potential for agricultural development; _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 12 Subject to the approval of the Agricultural Land Commission subdivision of lands designated “Agriculture” into parcels not less than 8 hectares (20 acres) in area may be permitted. Not withstanding the above, where the land under application has poor agricultural capability and/or topographic constraints which severely limit its agricultural viability, subdivision into parcels less than 8 hectares (20 acres) may be approved, however in no instance should a parcel be created that is less than 2 hectares (5 acres) in area. A.3.f. ENCOURAGE, on parcels adjacent to ALR land, a type and intensity of use which will not conflict with agricultural activities. A.3.g. DESIGNATE any land excluded from the ALR as “Rural Residential”, unless and until a more appropriate land use designation has been determined by an OCP amendment. A.4. RESIDENTIAL SETTLEMENT Texada’s residential settlement pattern has been largely determined by its historical development which centered around the mining industry. Residents are concentrated in the villages of Van Anda and Gillies Bay where there are numerous small lots serviced by community water supplies. Residential use in Blubber Bay, a historical settlement, has diminished as the Island’s population has declined. Other residents are dispersed throughout the northerly portion of the Island, many on rural acreages and some in small settlement nodes. In the south, topographic features and Provincial Forest status limit future residential use. Plan policies reinforce the established residential pattern which provides a variety of living options. Infilling of existing vacant small lots in the communities of Gillies Bay and Van Anda is encouraged. Additional high-density development is considered unnecessary and uneconomical at this time. Future concentrated residential settlement is considered most appropriate around Gillies Bay, particularly to the southeast where servicing problems and conflicts with industrial use are least likely to occur. The remainder of the planning area is designated either “Rural Residential” or “Rural Low Density”. Both designations have parcel size and density provisions that will prevent the premature need for expensive servicing and will satisfy the desire of many residents for an independent, rural lifestyle. These rural areas will also help to preserve economically significant resource lands and will protect watersheds and environmentally sensitive areas where more intensive development is not in the public interest. Given the anticipated level of residential development in the coming five year period, extensive land use regulations are considered to be unnecessary and undesirable. Accordingly, while a minimum of controls have and will be implemented, property owners are encouraged to respect the permitted uses recommended by this Plan. As development activity increases, the need for more stringent controls will be assessed. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 13 Where the Regional District has no official opportunity for input on development proposals, it will endeavour to ensure that land uses are established in accordance with Plan policies through consultation and negotiation with prospective developers. The Official Community Plan makes provision for three residential designations in support of the Plan’s residential objectives. Rural Village Rural Residential Rural Low Density The following general policies apply to all three residential designations. POLICIES A.4.a. PERMIT residential use throughout the planning area in a pattern consistent with the established residential development pattern which maintains a distinction between density of development in the “Rural Village”, “Rural Residential” and “Rural Low Density” areas as indicated on Map A. A.4.b. RECOMMEND a density of one dwelling for each legal parcel that is less than or equal to the minimum allowable parcel size. On parcels larger than the minimum or average parcel size (which ever is less), one dwelling will be permitted for each minimum or average parcel area. Variations in density are related to the existing availability of services, the natural capacity of the land to support development and the preservation and enhancement of environmental features. A.4.c. DIRECT residential development away from areas identified as having significant potential for resource development (see Map C) and from established or anticipated largescale industrial operations. A.4.d. LOCATE higher density residential settlement within the existing boundaries of the Van Anda and Gillies Bay Improvement Districts, provided that topography and availability of services are compatible and any septic disposal constraints such as a shallow groundwater table or shallow soil depth can be resolved. A.4.e. PERMIT the use of the Averaging Principle (see Appendix B) where land being subdivided comprises unique or sensitive features worthy of preservation or some terrain which is difficult to develop. Where the Averaging Principle is used, the developer may be required to enter into a covenant with the Regional District to restrict future subdivision of any large remainder which may have subdivision potential and thus maintain the recommended density for the area as a whole. A.4.f. SUPPORT the establishment of senior citizens housing, affordable housing, rental housing and special needs housing consistent with the density and servicing requirements _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 14 of this Plan. These forms of high density residential development shall be located close to where the appropriate services such as community water and sewage disposal systems, paved roads, schools and playgrounds are available. The density of senior citizens housing, affordable housing and multi-family dwellings will be restricted by the availability of required services. A.4.g. ENCOURAGE the clustering of development in the most environmentally appropriate areas in order to make the most economic provision of services, protect scenic areas and maximize the retention of open space. Rural Village The Official Community Plan designates the historic coastal mining communities of Van Anda and Gillies Bay as “Rural Village”. The intent of the “Rural Village” designation is to encourage maintenance and, if development trends warrant, expansion of these coastal villages which provide small lot development in a compact rural setting where desired services can be economically provided. The following policies apply to lands designated “Rural Village” on Map A. A.4.h. DESIGNATION of “Rural Village” lands is based on the following criteria: (i) Within or adjacent to the existing villages of Van Anda or Gillies Bay. (ii) Serviced by or may be serviced by the Van Anda or Gillies Bay community water supply systems. (iii) Close to existing community services and facilities. (iv) Areas where demand for small lot development can be satisfied. (v) Expansion of areas designated “Rural Village” will only take place when development trends warrant and community water systems have the capacity to be extended to service the additional lands. A.4.i. SUPPORT the extension of the “Rural Village” area to the north and west of Gillies Bay into Section 9 subject to the exclusion of these areas from the Agricultural Land Reserve and compliance with the designation criteria established in Policy A.4.h. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 15 A.4.j. PERMIT lands designated “Rural Village” to be used for single-family residential and ancillary uses, home occupations, home based businesses, senior citizens housing, affordable housing, multi-family dwellings (if serviced by community water supply), community parks, institutional uses (including schools and health care facilities) and commercial and industrial uses compatible with a “Rural Village”. A.4.k. PERMIT subdivision of land designated “Rural Village” to a minimum parcel size of 0.4 hectares (1 acre) in area provided that each parcel is serviced by a community water supply system and satisfies Vancouver Coastal Health Authority requirements for on-site sewage disposal. The minimum parcel size for the subdivision of unserviced land is 1 hectare (2.5 acres). Rural Residential The “Rural Residential” designation provides for an independent, rural life style on small acreage holdings where a range of uses can be accommodated without disturbing surrounding properties. The designation includes unserviced lands located in the vicinity of, but outside the “Rural Village” areas or lands in coastal areas suitable for development as small and medium sized acreages. The following policies apply to lands designated “Rural Residential” on Map A. A.4.l. DESIGNATION of “Rural Residential” lands is based on the following criteria: (i) Lands where community water is not presently available or anticipated in the foreseeable future. (ii) Coastal land desirable for settlement but where more intense development is constrained by Vancouver Coastal Health Authority requirements for onsite sewage disposal. (iii) Lands that are adjacent to other existing parcels which have a similar level of parcelization. (iv) Lands with limited physical constraints to development and where the anticipated level of development will not have a negative impact on natural features or the environment. (v) Lands located around the villages, in the vicinity of agricultural neighbourhoods or industrial areas. A.4.m. PERMIT lands designated “Rural Residential” to be used for single-family residential use, hobby farms or minor non-residential uses including bed and breakfasts, home based businesses, home occupations and small scale commercial and industrial uses compatible with the settlement area. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 16 A.4.n. PERMIT subdivision of land designated “Rural Residential” to a minimum parcel size of approximately 2 hectares (5 acres) for accessible private land in areas located outside of villages or in the vicinity of existing or potential agricultural neighbourhoods, industrial areas or largely undeveloped lands. Where smaller lots have already been developed, and on some waterfront land, parcels of approximately 1 hectare (2.5 acres) may be permitted, provided that, in all instances, problems with water supply and/or sewage disposal are not anticipated. Rural Low Density The “Rural Low Density” designation provides for independent living on large acreages. Lands designated “Rural Low Density” are isolated, large, privately owned acreages in areas with good potential for resource development or limited public road access. The following policies apply to lands designated “Rural Low Density” on Map A. A.4.o. DESIGATION of “Rural Low Density” lands is based on the following criteria: (i) Large, privately held acreage with limited road access. (ii) Lands adjacent to large blocks of public and private lands with the potential for resource development. (iii) Unserviced lands with physical constraints and limited subdivision potential. A.4.p. PERMIT lands designated “Rural Low Density” to be used for forest management and silviculture, agriculture, quarrying, mining, single family residential, home occupation and a wide range of home based businesses which do not require community services. A.4.q. PERMIT the subdivision of lands designated “Rural Low Density” into parcels with an average parcel size of approximately 4 hectares (10 acres). A.5. RESOURCE Texada Island’s abundant natural resources have shaped the development of the Island community. Mineral resources and forestry have long been the Island’s economic mainstays. Other resources including fish, wildlife and agricultural land also contribute to the Island’s quality of life and may have increasing economic significance if activity in the major resource sectors decreases. Lands which are suitable for resource development have been designated “Resource” on Map A. Management of the natural resources is primarily the responsibility of senior government agencies. However, because of Texada’s economic dependence on its resources and because resource developments can have a major impact on the local community, in addition to the general polices which apply to lands designated “Resource”, the Plan also contains specific policies under the _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 17 heading “Natural Resources” and under the sub headings “Mineral”, “Forestry” and “Fish and Wildlife” which apply to resource management, harvesting or extraction. (See Section B.3) Texada residents, recognizing the economic significance of resource-based industries, generally accept and often encourage resource development. The OCP reaffirms this position. Policies have been formulated to ensure, as far as possible, that major resource areas are judiciously managed and that the long-term availability of a resource is not threatened by the use of lands within or surrounding these areas. This Plan supports an integrated resource management approach to the development of Texada Island’s resource lands in order to enhance and conserve the Island’s wide range of abundant natural resources. POLICIES The following policies apply to lands designated “Resource” on Map A. A.5.a. The “Resource” designation applies to large blocks of public and private lands suited for large scale resource development such as forestry, quarrying, mining and mineral exploration and includes the following: (i) Large blocks of vacant Crown land not required for development within the time frame of this Plan. (ii) Large blocks of private lands assessed as managed forest or lands owned by or under tenure to mining companies which are or have the potential to be used for forest harvesting and silviculture, limestone quarrying, gravel extraction, mining and mineral exploration or outdoor recreation uses. (iii) Lands not required for rural residential development during the timeframe of this Plan that are located outside of the areas designated “Agricultural”, “Rural Village”, “Rural Residential” and “Rural Low Density”. A.5.b. PERMIT lands designated “Resource” to be used for forestry operations, including harvesting, silviculture, and other forest management practices; agriculture; gravel extraction and processing; mining and quarrying; and outdoor recreation uses, including campgrounds, hiking trails, wilderness lodges, etc., compatible with the resource operations. A.5.c. SUPPORT on lands designated “Resource”, small scale forest industrial operations, such as dry land sorting and small shake mills or sawmills, provided such uses are located in areas of limited resource value and where they will not have a negative impact on the natural environment or surrounding land uses. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 18 A.5.d. LIAISE with provincial agencies to ensure that public lands designated “Resource” are managed in accordance with the policies of this Plan and in the best long-term interests of area residents. A.5.e. DIRECT, whenever possible, industrial traffic associated with the use of “Resource” lands away from settlement. A.5.f. DISCOURAGE subdivision of lands designated “Resource” in order to maintain the land's long-term viability for resource development. Notwithstanding this, should a need for subdivision be clearly demonstrated to the Regional District Board, the recommended minimum parcel size requirement for subdivision shall be 4 hectares (10 acres). A.5.g. FAVOUR resource developments which will make a long-term contribution to the Island’s economy and quality of life. A.5.h. ENSURE, as far as is possible, that resource developments do not adversely affect the natural environment of the planning area, particularly the quality and quantity of the limited surface water sources suitable for domestic use. B. CLIMATE CHANGE MITIGATION AND ADAPTATION POLICIES Climate change refers to the increasing concentration of heat-trapping greenhouse gases (GHGs) in our atmosphere and resulting changes to the Earth’s climate, most notably increasing air and water temperatures. A 2007 report from the Intergovernmental Panel on Climate Change reveals that between 1970 and 2004, GHG emissions increased by 70%. Climate change is caused by the release of carbon dioxide and other GHG emissions into the atmosphere, primarily the burning of fossil fuels and large scale deforestation. This human cause of climate change has been endorsed by more than 40 scientific societies and academies of science, including all of the national academies of science of the major developed countries. Climate change scientists predict that BC will experience (and in some cases is already experiencing) the following impacts due to climate change: Increasing temperatures will disturb land and aquatic ecosystems. Coastal storm activity will increase in intensity and frequency, exposing coastal housing and infrastructure to greater risk. Sea levels may rise significantly by 2100, causing permanent flooding in low-lying areas and increasing the impacts of flood and storm events. In response to climate change issues, the provincial government gave Royal Assent to Bill 27, the Local Government (Green Communities) Statutes Amendment Act. This provincial legislation requires local governments to include GHG emission reduction targets, policies and actions to achieve those targets in official community plans. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 19 In collaboration with island residents, the following policies and actions are proposed to ensure that the reduction of GHG emissions specifically, and the impact of climate change in general become part of the planning process for Texada Island. POLICIES B.1.a. EDUCATION can contribute to reducing fossil fuel consumption and promoting the use of alternative energy, and the Regional District will work with islanders and other levels of government to share knowledge and meet the objectives of this plan. B.1.b. ENERGY efficiency and energy substitution are critical for reducing greenhouse gas emissions in rural and remote communities like Texada Island, and the Regional District will work with islanders and other levels of government to promote energy efficiency and energy substitution (switching from gasoline, diesel and propane to wood, sun, wind, etc.) in home renovations and building. B.1.c. PROMOTE alternative land transportation (taking the bus, carpooling, cycling, walking) and energy efficient transportation. B.1.d. ENCOURAGE creation of viable regional transit system with improved connectivity to Powell River, Vancouver and Vancouver Island. B.1.e. ENCOURAGE local agriculture and food production to reduce greenhouse gas emissions created by food transport. B.1.f. ENCOURAGE the retention and enhancement of natural trees and vegetation as a natural carbon sink to offset greenhouse emissions, and encourage composting of yard waste as an alternative to backyard burning. B.1.g. PREPARE for sea level rise by promoting provincial guidelines for building set backs from the sea. ADVOCACY POLICY B.1.h. ENCOURAGE provincial and federal agencies to obligate GHG emission reduction targets for industry. C. GENERAL LAND MANAGEMENT POLICIES C.1. WATER RESOURCES Texada’s water resources are the most important and the most vulnerable of all its natural resources. Recognizing their significance, the protection of local water resources is a primary objective of the Texada Island Official Community Plan. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 20 Although Texada has many surface water sources, few are capable of supporting a substantial number of users. At present, Priest Lake, the Island’s largest lake, and Cranby Lake supply the two community water systems serving Van Anda and Gillies Bay respectively. Because of their particular importance, the use and management of these lakes and their surrounding watersheds is considered in greater detail in Section A.1. “Community Watershed Areas” and Section V. “Development Permit Areas”. Domestic users in outlying areas as well as industry, recreation, agriculture, fish, wildlife and vegetation depend upon smaller surface water sources and groundwater to meet their requirements. The Plan considers these individual sources as components of an interconnected system of lakes, streams and groundwater, all of which must be carefully managed to ensure the continued availability of good quality water. Accordingly, Plan policies advocate that water bodies and their watersheds be developed for a type and intensity of use that will not be detrimental to the quality or quantity of the Island’s water resources. POLICIES C.1.a. ASSIGN priority to the protection and preservation of water quality in water bodies denoted as domestic sources on Map B, which is attached hereto and forms part of the Texada Island Official Community Plan. C.1.b. SEEK the co-operation of other government agencies in implementing an integrated approach to managing water resources throughout the planning area. C.1.c. ENCOURAGE applications to the Ministry of Environment for water licenses and/or changes in and about a watercourse and ENSURE, as far as possible, that any alterations within or adjacent to water bodies have been approved under the Water Act. C.1.d. RECOMMEND or REQUIRE the retention of a windfirm vegetated buffer strip adjacent to water bodies to stabilize banks, moderate water temperature, filter pollutants and control runoff and sedimentation. C.1.e. DISCOURAGE uses which will interfere with the natural functions of wetlands. C.1.f. OPPOSE the discharge of untreated sewage or other potentially toxic effluent into fresh or salt water bodies. C.1.g. ENDORSE low-density, low-impact uses on lands that depend on groundwater, springs or minor surface water sources for domestic water supplies and on lands that are beyond the areas served by community water systems. C.1.h. ENCOURAGE industrial use of groundwater stored in abandoned quarries in order to reduce the demand on surface water from other sources. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 21 C.1.i CONSIDER the needs of existing or planned community water systems when reviewing applications for licences upstream of the water intake. C.1.j. ENCOURAGE the Ministry of Environment to investigate unused licences on surface water sources suitable for domestic use. Where the need for the water now or in the future cannot be justified, licences should be cancelled so that the water can be re-allocated as required, thus avoiding the premature and potentially costly development of groundwater sources. C.1.k. Prior to issuing water licences, the Ministry of Environment should ENSURE that any proposed use or alteration of water bodies which presently or potentially support substantial or rare fish populations will not interfere with the preservation or enhancement of the fisheries resource. C.1.l. DISCOURAGE, in accordance with the Riparian Areas Regulation, the development or alteration of habitat within a riparian assessment area for residential, commercial and industrial activities or ancillary activities as regulated under Part 26 of the Local Government Act unless a qualified professional certifies that: C.2. (i) the assessment methods as outlined in the riparian area guidebook has been followed; (ii) in their professional opinion, there will be no harmful alteration, destruction or disruption of natural features or processes in the riparian assessment area; and (iii) the Ministry of Environment and the Department of Fisheries and Oceans Canada have been notified of the development proposal and have been provided with a copy of the assessment report prepared by the qualified professional. PRESERVATION AREAS Texada’s sparse settlement and an anticipated slow growth rate provide the opportunity to preserve some areas from development for practical or aesthetic purposes. Hazardous Lands Development in floodplains, on steep slopes or on terrain which provides an unstable building foundation may be hazardous to persons or their property and should be avoided. Golder Associates Ltd. have identified and reported on hazard lands within Van Anda and Gillies Bay (“Texada Island Shoreline Hazard Study, Van Anda and Gillies Bay”). It is expected that other hazard areas will be identified as development occurs on lands outside of these communities. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 22 The following maps depict the study area as a bold red line. Gillies Bay Van Anda Unique and Sensitive Features Unique and sensitive features which contribute to the Island’s identity warrant preservation for enjoyment by both local residents and tourists. Examples of such features include remnants of Texada’s thriving mining industry, occurrences of unique vegetation or landforms and areas of scenic value. Locating development away from these areas is, in the long term, generally advantageous to individual landowners, the natural environment and the community at large. Vegetation Texada Island has an abundance of natural vegetation which, although often taken for granted, must be recognized as an important element in the area’s attractiveness to residents and visitors. In addition, vegetation performs less visible but significant practical functions such as maintaining water temperatures, filtering pollutants and stabilizing stream banks and steep slopes. Wooded areas benefit the area’s residents by absorbing pollutants and noise which may be associated with traffic and non-residential uses and by screening unattractive developments from public view. They also provide wildlife habitats and public recreation areas. The Plan strongly advocates preserving the natural vegetation for its aesthetic and practical value. Thus development can proceed economically without jeopardizing the natural environment and the Island’s beauty. Texada Island’s unique climate makes it especially susceptible to the intrusion of non-native plant species which can have a negative impact on farms, silviculture operations and the Island’s natural ecosystem. At this time, the spotted knapweed and meadow knapweed are the non-native species of greatest concern due to their negative impact to the Island’s agricultural and forestry operations. In _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 23 order to minimize the spread of non-native species, Islanders are encouraged to landscape using native vegetation wherever possible. The Ministry of Sustainable Resource Management, in co-operation with Environment Canada and the Powell River Regional District, has completed a detailed Sensitive Ecosystems Inventory for Texada Island. Information on rare and fragile ecosystems on the Island was derived from aerial photography supported by field checking of data. The inventory is a flagging tool that provides scientific information and support to local governments and others who are working to maintain biodiversity. This information provides a foundation for private land stewardship and land use planning. According to the Sensitive Ecosystems Inventory, Texada Island includes the largest undisturbed area of the Coastal Douglas Fir biogeoclimatic zone that in other places has been heavily altered by past resource extraction, agricultural conversion and development. Because of its unique geological history and remote access, there is an opportunity to protect sensitive ecosystems and species at risk within this biogeoclimatic zone on Texada Island. It is the existence of limestone material that accounts for some of the concentration of rare plant species on Texada Island. Of the 15 species of rare plants occurring within the entire Sensitive Ecosystems Inventory study area, 12 occur only on Texada Island. These include two species of moonwort (fernlike plants), green-sheathed sedge, white Adder’s-mouth orchid, northern Adder’stongue, giant chain fern, chaffweed, fleshy Jaumea, Nuttall’s quillwort, western St. John’s-wort and poison oak. Property owners and developers are encouraged to learn more about the natural values of their land, including the location of any sensitive ecosystems and to find out how to protect, maintain and enhance those values. More information and detailed mapping of the Sensitive Ecosystems Inventory can be found on the following web site: http://srmapps.gov.bc.ca/appsdata/acat/html/deploy/acat_p_report_3758.html. Refer to mapsheets 092F077, 092F078, 092F079, 092F068, 092F069, 092F059, 092F060 and 092F050 under the “Image Documents”. POLICIES C.2.a. ENCOURAGE residents and developers to follow the erosion/landslide hazard setback and flood construction elevation guidelines presented in the “Texada Island Shoreline Hazard Study, Van Anda and Gillies Bay”, in order to minimize exposure to erosion, landslide and flooding risks. A complete copy of the study is available at the Powell River Regional District office. C.2.b. DISCOURAGE the subdivision of land and building construction in areas which may be identified as comprising hazards to human life or property. These include: _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 24 (i) land susceptible to significant erosion or flooding from freshwater sources or the sea; (ii) land which provides an unstable foundation for buildings, such as boggy ground or clay or sand banks; and (iii) steep slopes where the disturbance associated with clearing and excavation will increase the likelihood of significant erosion or landslip. C.2.c. SEEK the co-operation of government agencies and private landowners in preserving areas having particular biological or aesthetic significance which may be identified as development occurs. These include unique landforms or vegetation, highly scenic areas and old mature forests. C.2.d. RECOMMEND or, where possible, REQUIRE the retention of undeveloped windfirm buffer strips: (i) adjacent to water bodies and in potential erosion areas; (ii) surrounding non-residential developments which may have an adverse visual or auditory impact on the adjacent area; and (iii) bordering residential settlement areas adjacent to major roadways. Recommended windfirm buffer widths will be in accordance with the Riparian Areas specified in the Riparian Areas Regulation Implementation Guidebook or in accordance with the recommendation of a professional forester or other qualified professional. Within these buffers, dangerous or fallen trees may be removed. C.2.e. C.3. ENCOURAGE development designs which locate roads, building sites and utilities to allow maximum retention of native vegetation. NATURAL RESOURCES In addition to the policies under the “Resource” designation, the Plan contains the following specific policies pertaining to mineral, forestry, and fish and wildlife resources. Mineral Resources From the late 1800’s to the present, Texada’s varied mineral resources have been the major contributor to the Island’s economy. In addition to providing employment, industrial and lode mining companies have been directly or indirectly responsible for developing many of the community facilities which Islanders enjoy. Formerly profitable lode mining operations – gold, copper, silver and iron – have been replaced by limestone quarrying as the primary mining activity. Indications are that _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 25 reserves of limestone are large. Extraction of other minerals may again become viable. It is important, therefore, to protect significant limestone formations and other areas of high mineral potential from developments which may hinder the accessibility of these resources so that the maximum, long-term economic benefits from the mining industry can be realized. POLICIES C.3.a. DISCOURAGE development which will impede future extraction of mineral resources in those areas denoted on Map C, which is attached hereto and forms part of the Texada Island Official Community Plan, as having high mineral potential or significant limestone formations. C.3.b. ENSURE, as far as is possible, that land surrounding existing or potential limestone quarry operations is developed for a type and intensity of use which will not conflict with the mining activity. Accordingly, high density residential settlement and major public or commercial recreation uses are not considered appropriate. C.3.c. ENDORSE maintenance of the gravel deposit denoted on Map C. Other high quality gravel deposits on Crown land should be similarly reserved as they are identified. C.3.d. REQUEST the Ministry of Energy, Mines and Petroleum Resources to: (i) weigh the short-term economic gain against the long-term economic, social and environmental impact on the Island community when considering proposals for mining developments in the planning area; (ii) provide strict enforcement of provincial regulations governing the development, operation and termination of major mining projects, with particular regard for those related to environmental protection, site reclamation and public safety; (iii) monitor carefully any mining development within the community watersheds to ensure that the operation or associated clearing and road construction will not degrade the quality or quantity of the water resources; (iv) require that mining plans provide for visual screening of mining operations adjacent to residential or recreational land, state the specific measures to be taken to effectively minimize the potential for environmental damage and be reviewed and endorsed by the local community prior to provincial approval; (v) consult with local representatives to determine where construction or mining camps would be best located so as to minimize their impact on the local community; (vi) ensure, wherever possible, that wastes or by-products of mining operations are used rather than discarded; _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 26 (vii) require that land within the Agricultural Land Reserve which is developed for mining be rehabilitated to a state suitable for farming operations upon cessation of the mining operations; and (viii) prohibit the construction of permanent or temporary dwellings on mineral claims granted on land within a designated provincial recreation reserve. (Use Recreation and Enjoyment of the Public = UREP) Forestry Resources Forestry is the second most important economic activity on the Island, providing employment for forestry workers and forest dependent businesses. The industry is not expected to expand locally but with responsible harvesting, management and reforestation practices, the present level of activity can be maintained for some years to come. Texada’s Provincial Forest Land comprises many other elements important to the economic, environmental and social character of the Island – mineral and agricultural resources, wildlife habitats, significant fisheries and domestic water resources and recreation areas. These other resources and resource users must be acknowledged and, wherever possible, their needs incorporated into a plan for multiple use of Forest Land. POLICIES C.3.e. ENDORSE integrated resource management programs which will consider the needs of other resources and resource users within Provincial Forest boundaries. C.3.f. SUPPORT and seek to preserve the long-term economic viability of local forestry operations by maintaining a sustainable level of harvesting and discouraging the use of offIsland forestry contractors. C.3.g. ASSIGN priority to forestry uses (log dumping, sorting or storage) on those foreshore areas needed to serve the forest industry now and in the future as denoted on Map C. These uses should be confined to leased or licensed areas limited in size to the actual requirements of the operation, leaving adjacent foreshore available for other compatible uses. C.3.h. DISCOURAGE logging within designated UREPs and other significant recreation areas. C.3.i. REQUEST the Ministry of Forests and Range to: _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 27 (i) encourage harvesting and silviculture systems sensitive to maintaining good water quality and consultation with Water Improvement Districts and the Texada Recreation Commission; (ii) ensure that all forestry operations occurring in watersheds of present or potential domestic supply sources strictly comply with the Forest Practices Code Community Watershed Guidebook; (iii) avoid the application of pesticides on forest land in the planning area. Instead, manual methods of controlling nuisance vegetation or pests should be implemented; (iv) encourage shared use of log dumping and storage facilities in order to avoid a proliferation of forestry operations along the foreshore; (v) ensure that machinery and debris are removed from any foreshore dumping or booming sites which are no longer required for forestry use; (vi) issue Special Use Permits to accommodate uses associated with the forest industry (e.g. dry land sorting grounds and sawmills) in areas which will not conflict with other private land uses and only on Provincial Forest Land of low forestry capability; (vii) retain, solely for recreational use, those areas within the Georgia Strait Provincial Forest identified as having a high recreation capability rating (see Map D); and (viii) provide, where suitable and compatible with forest management, areas for wilderness recreation. Fish and Wildlife Resources Texada’s marine environment is rich in shellfish, rockfish and salmon. Although commercial fishing is limited, the area is popular for sport fishing. Some creeks around Gillies Bay have ideal habitat conditions for salmon fry. However, enhancement of this resource is sometimes hampered by insufficient flow or by natural obstacles. The trout that inhabit many of the Island’s lakes and watercourses support a significant sport fishery. Texada Island is also internationally renowned for its unique stickleback species pairs which inhabit only four lakes on the northern part of the Island. These species pairs are a unique example of the recent evolution of new species, are found nowhere else in the world and represent one of the most significant provincial contributions to global biodiversity. In scientific terms they are of equal importance to Darwin’s Finches on the Galapagos Islands and are the subject of extensive evolutionary genetics research worldwide. The stickleback populations in Paxton, Emily (Turtle), Spectacle (Balkwill), and Priest Lakes have been designated as “Endangered” by the Committee on the Status of Endangered Wildlife In Canada (COSEWIC) and are now protected at the highest level _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 28 in Canada under the Species At Risk Act. The species are listed as the Paxton Lake limnetic stickleback, Paxton Lake benthic stickleback, Van Anda Creek limnetic stickleback, and Van Anda Creek benthic stickleback. Change of habitat and introduction of exotic species (such as the brown bullhead and crayfish) has already led to the extinction of species pairs at two other sites on nearby islands and introduced species are probably the greatest threat to their continued survival on Texada. Avoiding excessive development and resource exploitation leading to habitat degradation in the community watersheds and around the margin of Paxton and Emily lakes will also aid in the preservation of the stickleback pairs. Texada supports a variety of wildlife; however, populations of some species are very high. Numerous black-tailed deer provide good hunting but often wreak havoc with reforestation projects. Beaver are found around the interior lakes and ponds and waterfowl nest or stop over along lake and marine shores. POLICIES C.3.j. In the vicinity of those salt and fresh water bodies denoted as having fisheries value on Map C, ENDORSE uses compatible with the conservation of the fisheries resources, including but not limited to commercial and recreational fishing, fisheries enhancement, public and limited commercial shellfish harvesting and low intensity and open space use of uplands. C.3.k. ENSURE that the preservation and enhancement of the stickleback is not jeopardized prior to issuing water licences or approving any activity in the watersheds and water bodies supporting the species. C.3.l. CONSIDER the development of mariculture operations, providing they are located away from settlements, from areas having high capability for public recreation or from other established and potentially conflicting uses. C.3.m. SEEK to preserve for public and aboriginal harvesting, shellfish beaches which have road access or are close to recreation areas identified on Map D. C.3.n. ENCOURAGE resource users in areas important to wildlife (see Map C) to preserve sufficient woodlands to provide necessary natural habitat and passage to feeding grounds and sources of fresh and salt water. C.3.o. REQUEST the Ministry of Agriculture and Lands to: (i) provide adequate supervision of commercial harvesters of the Island’s shellfish stocks to ensure that permit limits are not exceeded; and (ii) establish public shellfish picking reserves on accessible foreshore areas which have sufficient natural stock to withstand public harvesting (e.g. Raven Bay, Davie Bay, Mouat Bay). _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 29 C.3.p. ENCOURAGE provincial and federal agencies to promote and fund projects which will improve local fresh and salt water fisheries resources for the benefit of sport fishing. These may include general stream cleanup projects, improvement of feed sources for freshwater species or enhancement of potentially valuable salmon streams. C.3.q. ENCOURAGE provincial resource agencies, such as the Ministry of Forests and Range and the Ministry of Energy, Mines and Petroleum Resources, to conduct their operations so as to minimize the potential for damage to the fisheries and wildlife resources. C.3.r. ENCOURAGE the Fish and Wildlife Science and Allocation Branch of the Ministry of Environment to permit commercial trapping of merchantable fur-bearing animals to an extent which will contribute to a balanced wildlife population. ADVOCACY POLICY1 The Powell River Regional District recognizes that the Texada Island community opposes in principle the establishment of fish farms within Texada Island’s coastal waters. This view will be considered by the Board when replying to referrals on any future applications for fin fish farms within Texada Island’s coastal waters. C.4. HERITAGE Heritage involves understanding and preserving our past, both for its intrinsic value and as a means of enhancing our future. The history of Texada Island began with the First Nations people who utilized the Island’s resources intensively as shown by the presence of archaeological sites such as fish weirs, shell middens, pit houses and culturally modified trees. The Sliammon and Sechelt First Nations recognize Texada Island as part of their traditional territory which is culturally, economically and socially important to the First Nations and contain important historical and spiritual First Nations sites. Sliammon First Nation is currently involved in treaty negotiations and is heading towards a final agreement. Sliammon has identified lands on Pocahontas Bay as treaty settlement lands. The First Nations’ contributions to the Official Community Plan are recognized and understood to be without prejudice to future treaty negotiations. The final treaty 1 When a matter is outside of the jurisdiction of a regional district, an OCP can express a broad community objective in the form of an advocacy policy. This policy encourages others to take action to further the stated objective but does not represent a commitment from other agencies to act according to the stated community objective. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 30 may provide additional directions or changes on aboriginal rights applicable to Texada Island. Sliammon First Nation and the Powell River Regional District may develop a mechanism for land use planning and inter-jurisdictional issues pre and post treaty. Texada Island contains numerous pre-contact and post-contact culturally significant First Nations sites and is part of a culturally and archaeologically rich area. The archaeological sites are protected under the provincial Heritage Conservation Act. First Nations cultural sites on Texada Island include summer camp areas, village sites, fish traps, pictographs, beach middens and burial sites. Texada Island continues to be important for cultural and traditional use purposes to First Nations. The Sliammon First Nation has compiled relatively thorough information based on the location and presence of cultural sites. There will continue to be a need to increase inventory knowledge and to monitor the conditions of known existing sites. An important challenge is that most accessible shoreline sites have had some First Nations or European historical presence and these sites are typically the favoured locations for recreation access, facilities and activities. The presence of cultural sites can add a unique and significant richness to the recreational experience but it is necessary to manage the recreation activities to ensure the protection of the cultural values. Texada's modern history dates from 1791 when it was charted by Don Jose Navarez. In 1871 iron ore was discovered at Welcome Bay and an era of mineral exploration and development began. By 1898 Van Anda was a boom town based on the extraction and processing of copper and gold. This period ended in approximately 1920 with changes in demand precipitated by the end of World War 1. In the early 1900's the limestone industry began and continues to this day with three quarries in operation in 2005. Forestry and agriculture have also been practiced since the earliest days and continue to be part of the fabric of this Island. The following policies are designed to assist in the preservation of Texada's long and colourful history. POLICIES C.4.a. ENDORSE community initiatives to identify, inventory and protect historical sites and heritage sources. C.4.b. CO-OPERATE with Sliammon First Nation to identify and record traditional use areas and culturally significant sites. C.4.c. In cooperation with Sliammon First Nation, DEVELOP strategies to monitor and protect culturally significant sites for the continued practice of traditional activities by the First Nations. C.4.d. WORK with Sliammon First Nation and other government agencies to ensure that recreation use is directed away from particularly important or vulnerable cultural sites or, where recreation activities are appropriate to continue on or near cultural sites, ENSURE those activities and facilities are managed to avoid or minimize impacts upon cultural sites. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 31 DEVELOP methods to protect cultural features while continuing to allow recreation activities. C.4.e. SUPPORT the establishment of a Heritage Registry for Texada Island. C.4.f. ENCOURAGE the preservation of heritage property through the use of voluntary covenants, heritage revitalization agreements and other means available through heritage conservation legislation. C.4.g. SUPPORT the establishment of a Heritage Commission to evaluate whether there are lands on Texada Island that warrant long term protection through local government heritage designation. C.4.h. SEEK the co-operation of government agencies, private landowners and if appropriate Sliammon First Nation in preserving areas of historical significance as development occurs. These include archaeological sites and structures reflecting archaeological design or technology reminiscent of Texada’s history. C.4.i. ENCOURAGE the preservation of artefacts and archival material that illustrates the history of Texada Island. C.5. INDUSTRY AND COMMERCE Industrial development on Texada consists primarily of three major limestone quarries and some forestry operations. Small scale industries occasionally arise to serve a local need. Existing commercial uses are few and cater mainly to the daily shopping needs of Island residents and visitors. Commercial recreation services are expected to increase slowly as greater emphasis is placed on the promotion of tourism. The Plan holds that regulating the location of industrial and commercial development is generally unnecessary and undesirable at this time. Restrictions will apply, therefore, only in the community watersheds where these uses are considered to be not in the public interest and on ALR land (which is subject to provincial regulations). While facilitating industrial and commercial development, this non-regulatory approach does have limitations, the most significant of which are that it gives residents no protection from potentially incompatible uses locating on adjacent parcels and that it provides the Regional District with no official avenue for input on commercial or industrial developments. In those instances where it is _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 32 given an opportunity to review industrial or commercial development proposals, however, the Regional District Board will refer to the following policies to assess their appropriateness. POLICIES C.5.a. PERMIT the development of commercial or small scale industrial uses throughout the planning area, except in those areas designated as “Community Watersheds” or “Agriculture” on Map A. C.5.b. FAVOUR environmentally friendly and sustainable small scale industrial and commercial enterprises as being most compatible with available servicing and the community’s rural character. C.5.c. SUPPORT as a general principle, the expansion of limestone quarrying operations and the development of associated secondary industries. However, the community would like the opportunity to review mining and quarrying development plans. C.5.d. REQUEST industrial and commercial operators to implement appropriate measures to minimize any potential disturbance to the natural environment or to residential neighbourhoods. These include setbacks from watercourses and property lines for buildings and associated storage, effective disposal of waste, provision of on-site parking, minimize uses which generate noise and the retention of a vegetated buffer for visual and auditory screening. C.5.e. ENCOURAGE industrial development to locate where: (i) available services – such as roads, hydro power, water supply and waste disposal – can meet the requirements of the industrial use without jeopardizing other established or desirable uses; (ii) the effects of the industrial use – such as noise, odour, smoke or glare, associated fire or other hazards, increased traffic, and the visual impact of associated buildings or storage – will not unduly disturb surrounding land and water uses; (iii) the physical site can accommodate the use without consequential environmental damage or the need for extensive servicing; and (iv) the parcel is of sufficient size to accommodate on site all necessary buildings, associated storage and parking facilities, waste disposal systems and vegetated buffers for screening. C.5.f. ENCOURAGE the shared use of existing industrial wharves to avoid unnecessary proliferation of waterfront industrial sites and to concentrate industrial traffic. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 33 C.5.g. SUPPORT, as a general principle, the development of commercial recreation uses of a type and scale which harmonize with the natural environment and rural lifestyle of the Island. These include facilities and services catering to activities such as hiking, camping, sport fishing, boating and diving, and low-impact accommodations such as lodges or bed and breakfast facilities. However, the community would like the opportunity to review development plans. C.5.h. ENCOURAGE developers to design commercial recreation developments which will enhance the natural landscape and rural character of the Island by: (i) locating buildings, roads and utilities so as to minimize disturbance to the landscape; (ii) preserving sites with unique environmental features; (iii) maintaining native vegetation except where clearing enhances a scenic view; and (iv) utilizing building designs and exterior finishing materials which are complementary to the surrounding natural landscape. C.5.i. REQUEST the Department of Fisheries and Oceans Canada and the Ministry of Agriculture and Lands to hold public meetings on Texada Island prior to the approval of any fin fish and/or aquaculture application. C.5.j. SUPPORT the establishment of small scale green forms of energy production which supply power for the local economy. C.6. SERVICES Water Supplies and Sewage Disposal Texada Island’s two main settlement areas – Van Anda and Gillies Bay – are serviced by community water systems. Several small springs or shallow wells located on the southwest corner of Section 14 provide water for a number of private or communal water systems that service residences located on the southeast side of Gillies Bay. Other parcels in outlying areas have independent water supplies such as dug or drilled wells, springs or small lakes. Except for a sewage lagoon serving a small group of households in Gillies Bay, sewage disposal is generally by onsite sewage disposal systems. Forthcoming changes to the Ministry of Health’s regulatory framework may result in the wider use of enhanced systems. Provision of additional community water or sewage disposal systems is not likely to be required during the lifespan of this Plan, providing areas are not developed beyond the natural carrying capacity of the land. Accordingly, Plan policies advocate an extent and type of development which can be independently serviced. An exception may be the existing small parcels having insufficient soil to meet Ministry of _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 34 Health’s standards for septic tank disposal systems which, if developed, may require enhanced systems or the creation of a communal sewage disposal system. POLICIES C.6.a. PROVIDE for a level of development which can be serviced by individual private water supplies beyond the existing boundaries of the Gillies Bay or Van Anda Improvement Districts. Where a shortage of water is suspected, the developer may be required to prove the availability to each parcel of a domestic supply. C.6.b. FAVOUR properly maintained individual on-site waste disposal systems, such as conventional septic tanks or other approved sewage disposal methods, throughout the planning area. C.6.c. ENCOURAGE that, wherever possible, existing vacant, small parcels which cannot meet Ministry of Health’s requirements for an independent sewage disposal system be amalgamated with adjacent parcels. C.6.d. REQUEST the Environmental Management Branch of the Ministry of Environment to: (i) provide strict and regular monitoring of any use operating under a Waste Management Permit to ensure compliance with permit conditions; (ii) where there is on-site capability, deny applications for permits to discharge sewage or other potentially toxic wastes to fresh or salt water bodies in the planning area; and (iii) conduct frequent, regular testing of any receiving waters to ensure that permit conditions are adequate to maintain water quality. Community Services The various mining and quarrying companies which have been operating on Texada Island over many years have generously contributed to the community’s development. Consequently, residents enjoy a level of community services beyond that available to many other similar size settlements. The costs associated with these services are minimized by the high level of resident participation in their operation. As Texada Island’s population ages, there will be an increased demand for senior citizen housing, medical services and recreational facilities geared toward seniors. It is important that these existing services be maintained; however, with a limited tax base, development of services beyond what is necessary and affordable at this time must be avoided. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 35 POLICIES C.6.e. SUPPORT the continued availability on the Island of medical and educational facilities to serve the local population. Attempts to increase Island residents’ dependence upon mainland services shall be discouraged. C.6.f. ENCOURAGE the establishment of senior citizen housing within the serviced village areas of Van Anda and Gillies Bay. C.6.g. SUPPORT initiatives to provide affordable social and recreational opportunities for senior citizens. C.6.h. ENCOURAGE the shared use of existing institutional and community recreational facilities such as schools, playgrounds and community halls in order to maximize use and minimize costs. Development of any new community services shall be planned in consultation with Island residents. Wireless Telecommunications Facilities Siting Wireless telecommunications facilities are usually located on or near mountain tops and consist of one or more antennas, often mounted on steel towers or small buildings. Some sites may require a helipad if an access road cannot be constructed due to rugged surrounding terrain. Since exposure to the microwave radiation associated with telecommunication towers may pose health risks, care must be exercised with the location of these types of facilities. POLICIES C.6.i. ENSURE that wireless telecommunication facilities are located or aligned in such a way that the microwave or other concentrated signal paths are routed with at least a 30 meter vertical and horizontal separation distance from any residence or regularly occupied work area. C.6.j. OPPOSE any wireless telecommunication facilities being located in a UREP or a designated recreational area, as defined by this OCP (see Map D). C.6.k. ENCOURAGE telecommunication facility’s access roads and power lines to follow wherever possible, existing roads and ensure that any new road construction required on public land be developed and maintained to a standard which will minimize the roads footprint and environmental impact. C.7. COASTAL DEVELOPMENT _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 36 Texada’s coastal area, i.e. the offshore, the foreshore and adjacent uplands, has great environmental, economic and aesthetic value for the planning area. It comprises important fisheries resource areas, some unique and sensitive environmental features and many sites suitable for public use and enjoyment. It is also in demand for industrial, aquacultural, recreational, commercial and residential development. Despite the Island’s lengthy coastline, limited waterfront access and rocky uplands require that these varied and sometimes incompatible uses concentrate in a few accessible and protected bays. The Plan tries to accommodate uses which are dependent upon a waterfront location, particularly quarrying and forest industry uses. At the same time, however, it acknowledges the foreshore as a public resource and seeks to ensure maximum public access and enjoyment. Accordingly, multiple use of coastal areas is favoured, wherever feasible. Where it is necessary to establish a priority to avoid future conflicts or degradation of the coastal resources, private interests, long-term public requirements and environmental impacts will be considered. While planning for development, the aesthetic value of the coastal area must not be ignored. Wherever possible, the beauty and natural character of the shoreline should be preserved as they contribute to the quality of life on the Island and, with ongoing tourism promotion efforts, will assume increased economic significance. POLICIES C.7.a. ENCOURAGE a pattern of coastal settlement which intersperses clusters of development with stretches of undisturbed natural landscape in order to preserve the beauty of the shoreline, provide coastal areas for public use and enjoyment and prevent damage to sensitive coastal resources. C.7.b. CO-ORDINATE, in co-operation with appropriate provincial government agencies, upland and foreshore development to minimize the potential for use conflicts and degradation of the marine environment. C.7.c. ENDORSE foreshore leases only for bona fide commercial or marine industrial uses which are compatible with the provisions of this Plan. Alienation of Crown foreshore for private purposes shall be discouraged. C.7.d. ENCOURAGE residential subdivision designs which provide areas of open space and suitable public beach access while maintaining maximum residential privacy. C.7.e. ENCOURAGE that buildings on coastal uplands be set back from the high water mark where necessary to maintain shoreline stability and control erosion or protect important fisheries resource areas, such as estuaries and shellfish beaches. C.7.f. LOCATE public launch ramps, docks or other physical structures where they will not result in degradation of other important coastal features, such as recreational or shellfish beaches. C.8. RECREATION _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 37 With its lengthy marine coastline and surrounding waters, relatively accessible hinterland, small lakes and abundance of fish and wildlife, the planning area offers a variety of recreational opportunities. Outdoor recreational activities are especially important to this Island community where other forms of leisure activity are less available. They also increase the area’s appeal for tourism. The OCP acknowledges the social and economic significance of recreation in the planning area and seeks to ensure that the Island’s recreation resources are available for the enjoyment of present and future generations. Multiple uses of recreation areas are encouraged. As well, respect and consideration is encouraged between different types of recreation users and between users and private landowners and commercial interests. POLICIES C.8.a. The Regional District has designated the following lands “Park/UREP” on Map A: (i) Lands under the jurisdiction of the Parks and Protected Areas Branch of the Ministry of Environment or the Powell River Regional District that have been set aside for, or are currently being used for parks and recreational purposes. (ii) Lands identified by the Ministry of Agriculture and Lands as UREPs. C.8.b. PERMIT lands designated “Park/UREP” to be used for recreation and accessory commercial recreation use only. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 38 C.8.c. ENCOURAGE, through the Texada Recreation Commission, the protection and maintenance of established public recreation facilities including regional parks, public trails, heritage sites and other community buildings, facilities and properties. C.8.d. The Regional District may prepare a “Parks and Open Space Network Plan” for the planning area in consultation with residents, Sliammon First Nation and senior government agencies. The objective of this network plan is to provide for an interconnected system of parks, recreation sites and areas of open space (e.g. environmentally sensitive areas, foreshore, utility right-of-way, etc.) that are accessible to the public. C.8.e. The Regional District’s policy with respect to the acquisition of land for regional parks or community parks, is to acquire such land at minimal or no cost from the Crown, by gift or agreement from the registered owner or by dedication upon subdivision in accordance with Section 941 of the Local Government Act. Priorities for parkland acquisition in the planning area by these methods are: (i) ocean-fronting land in the vicinity of high capability recreational beaches identified on Map D; (ii) small, neighbourhood parks in areas of existing or anticipated higher density, particularly where no other community recreational facilities exist or where access to existing facilities may be impeded by topography or major traffic routes; (iii) environmentally sensitive topographical and geological features or wildlife habitats, thereby ensuring these areas are used and managed in a manner that will preserve their sensitive or unique features; (iv) lands or buildings which have historic or cultural significance which warrant long term protection; and (v) dedication of statutory rights-of-way for walkways and trails to link neighbourhoods and ensure public access to foreshore and/or recreation areas. C.8.f. SEEK to preserve the recreational value of UREPs, provincial and regional parks, existing unmanaged or potential recreation areas and forestry sites as identified on Map D. Wherever possible, development of incompatible uses within or adjacent to these areas will be discouraged. C.8.g. ENSURE, as far as possible, that public access to and use of those public lands and foreshore areas identified as being suitable for recreation are maintained or enhanced as development occurs. C.8.h. ENCOURAGE recreation users to respect private property and consider the impact their use may have on neighbouring properties. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 39 C.8.i. ENDORSE multiple types of recreation on the same area. Respect and consideration is encouraged between different types of recreation users. C.8.j. ENDORSE recreation developments intended for intensive public use (e.g. campgrounds, playgrounds and other commercial recreational development) only in locations where necessary services, including safe access, fire protection, water supply and waste disposal, can be effectively and economically provided. C.8.k. DESIGN recreation developments to enhance their natural setting by preserving special features and areas of native vegetation and to utilize building materials and designs which complement the area’s rural West Coast character. C.8.l. ENCOURAGE the appropriate agencies to upgrade road and trail access to provincial park lands, UREPs and the small pocket beaches fronting the adjacent Provincial Forest land. C.8.m. WORK in co-operation with the Ministry of Forests and Range to develop recreational sites on Provincial Forest lands including a system of hiking trails and campsites. C.8.n. REQUEST the Ministry of Agriculture and Lands to provide the Regional District an opportunity to acquire, for regional park purposes, any recreation reserves the province may decide to relinquish. C.9. TRANSPORTATION Texada Island has a system of public roads under the jurisdiction of the Ministry of Transportation. The Ministry of Transportation long-range “Major Road Network Plan” illustrated on Map E, is adequate to serve the transportation needs of the settlement areas for the lifespan of this Plan. Although road development and maintenance is not a Regional District responsibility, there is a local concern, reflected in the Plan, that road designs and standards be determined with regard for the area’s rural character and aesthetics. The forestry road network constructed over Crown lands provides access to the southern half of the Island primarily for forest harvesting and silviculture purposes. The establishment, construction and maintenance of these roads (including drainage) fall under the jurisdiction of the Ministry of Forests and Range. Good transportation links to communities beyond the Island community are socially and economically essential. Present ferry service, which is adequate, and regular air service to the Regional District airport at Gillies Bay are valuable assets to the community. POLICIES _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 40 C.9.a. ENDORSE the Ministry of Transportation’s “Texada Island Major Road Network Plan” illustrated on Map E, which is attached hereto and forms part of the Texada Island Official Community Plan. C.9.b. ENCOURAGE that roads and their construction: (i) minimize disturbances to the natural environment while maintaining design standards which allow for the safe and efficient movement of people and goods; (ii) wherever possible, direct through traffic away from areas of anticipated or existing concentrated residential settlements; (iii) protect sufficient rights-of-way along major routes to allow for the provision of bicycle and/or pedestrian paths; and (iv) where possible, provide exposure to marine views. C.9.c. ENCOURAGE construction of paths for pedestrian and bicycle traffic adjacent to major traffic routes and in high-density settlement areas. C.9.d. SUPPORT the public transit system servicing Gillies Bay and Van Anda. C.9.e. ENDORSE, in the vicinity of the Gillies Bay Airport identified on Map E, land uses which are compatible with aviation activity, particularly those which will enhance “air tourism”, providing such uses are consistent with the Plan’s community watershed policies. C.9.f. REQUIRE, where land is being subdivided, up to 5% park dedication or cash in lieu of, in accordance with Section 941 of the Local Government Act. C.9.g. LOCATE the public beach accesses, as required by Section 75(1) of the Land Titles Act where the upland topography and foreshore features are most suitable for public use and enjoyment. Where the land being subdivided adjoins a beach which is particularly suitable for recreation (see Map D), consider consolidating more than one access point in order to provide a more extensive public area. C.9.h. LOBBY to protect and maintain scheduled ferry access to the mainland as Texada’s industry, commerce and residential population rely heavily on the flow of goods and services delivered by BC Ferry Corp. For Texada Island, the ferry system is a continuation of the highway system. C.9.i. ENCOURAGE the Ministry of Transportation to: (i) minimize the clearing of vegetation within the untravelled portion of road rights-ofway to the level essential to road safety and maintenance, except where additional clearing will allow a scenic view; and _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 41 (ii) locate roads according to topographical rather than grid determinants where practical, in order to minimize cutting and grading. C.10. POLLUTION The Texada Island community has frequently and clearly demonstrated its opposition to activities which it considers to be potentially harmful to the Island, its inhabitants or its surrounding waterways. The Regional District Board supports the community’s efforts to preserve the quality of the environment throughout the planning area. POLICIES C.10.a. OPPOSE activities within the planning area which generate pollution to air or water. C.10.b. SUPPORT the Island community’s efforts to prevent the use of pesticides or other toxic chemicals throughout the planning area. C.10.c. ENDORSE education programs aimed at increasing public awareness and decreasing individuals’ use on private land of pesticides, chemical fertilizers and other toxic substances which may degrade surface and groundwater resources or be otherwise detrimental to public health. C.11. SUBDIVISION AND DENSITY The following policies apply when evaluating development proposals and subdivision applications located within the Plan area. POLICIES C.11.a. Parcel size for subdivision should be in accordance with the average minimum parcel size specified for each designation as denoted on Map A. C.11.b. Where a parcel is occupied by more than one dwelling prior to the adoption of this Plan, consideration may be given to a subdivision creating parcels smaller than the recommended average parcel size for the designation provided that: (i) each dwelling is serviced by an adequate year-round water supply and an approved sewage disposal system; (ii) the subdivision would not require road construction or other development which would encroach on environmentally sensitive areas; _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 42 (iii) the parcels being created are not at extreme variance with the recommended or existing parcel sizes for the area; and (iv) the Regional District can ensure that these subdivisions are considered as exceptions and will not be construed as setting a precedent for other similar development in the area. C.11.c. Where a registered parcel of land is included in two or more designations having differing land area policies as set out in this OCP, each portion of such parcel shall be subject only to the land area policies applicable to the designation in which such portion is situated as if it were a separately registered parcel of land. D. IMPLEMENTATION POLICIES D.1. PLAN IMPLEMENTATION In order to implement the Plan’s Objectives and Policies, the Regional District has the authority under the Local Government Act to regulate use and density of land. In keeping with the Regional District Board’s non regulatory philosophy and the desire to keep bureaucracy to a minimum, land area regulation will only be implemented in consultation with the local community as needed and development trends warrant. In order to facilitate components of the Plan, the following actions will be undertaken: 1. The Regional District, with public consultation, is encouraged to review the Environmentally Sensitive Ecosystems Inventory to identify areas which may require protection. 2. Property owners will be encouraged to follow the recommendations contained in the “Texada Island Shoreline Hazard Study, Van Anda and Gillies Bay”. 3. The Regional District will work with the Texada Heritage Society to establish a Heritage Commission and Heritage Register for Texada Island. 4. The Regional District will amend the existing Texada Island Watershed Protection Bylaw No. 237, 1993 to conform to the revised “Priest Lake Community Watershed” boundaries and to ensure compatibility with the provisions contained in Section V. “Development Permit Areas”. 5. As far as lies within the powers of the Regional District, all existing uses will be acknowledged through an appropriate designation in any future land use regulations. 6. The Regional District recognizes that there is an interest in establishing the North Texada Conservation Area. This matter may be pursued in the future with government agencies, _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 43 industry, affected residents, conservation groups and the public at large while recognizing the difficulties that establishment of this type of conservation area may pose. 7. The Regional District will ensure that the Texada Island Official Community Plan remains continually relevant to development issues within the planning area by providing for regular Plan review and amendment as follows: (i) Five-Year Major Review Not more than five years from the date of its official adoption, the Texada Island Official Community Plan may be given a major review by the Regional District Board. Provisions of the Plan will be evaluated in consideration of any new development issues and statistical data and amended as necessary to reflect the current situation. (ii) Specific Review Whenever particular provisions of the Plan prove unworkable or inappropriate in view of unanticipated developments, a review of the Plan shall be undertaken, regardless of whether or not the Plan has been reviewed within the preceding year. Opportunities will be provided for public involvement on development issues which may have a significant economic, social or environmental impact on the planning area. All Official Community Plan amendments shall be brought to public hearing. V. DEVELOPMENT PERMIT AREAS A. PRIEST LAKE AND CRANBY LAKE DEVELOPMENT PERMIT AREA NO. 1 (DPA 1) Pursuant to Section 919.1 (1) of the Local Government Act, an official community plan may designate development permit areas for the protection of the natural environment, its ecosystems and biological diversity. DPA 1 has been established in accordance with the above legislation. OBJECTIVES _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 44 DPA 1 has been established within the Priest Lake and Cranby Lake community watersheds in order to protect the features, functions and conditions that are vital to the maintenance of stream health and productivity for fish (including the rare and endangered stickleback and their habitat).2 The requirement for a development permit within DPA 1 has the additional benefit of ensuring the long term availability of potable water for the communities of Gillies Bay and Van Anda by helping to protect water quality, quantity and timing of flows within the Priest and Cranby Lake community watersheds. POLICIES 1. The Priest Lake and Cranby Lake community watersheds as shown on Map F which is attached hereto and forms part of the Texada Island Official Community Plan are hereby designated as “Development Permit Area No. 1”. 2. Unless an exemption applies in accordance with Policy 3.(b) or the owner obtains a development permit: (i) lands within the area must not be subdivided; (ii) construction of, addition to or alteration of a building or other structure within the area must not be started; and (iii) land within the area must not be altered by: a. creation of nonstructural impervious or semi-impervious surfaces; b. removal, alteration, disruption or destruction of vegetation; c. disturbance of soils; d. flood protection works; and e. construction of roads, trails, docks, wharves and bridges. 3.(a) The requirement for a development permit only applies to the riparian assessment areas of streams* within DPA 1 as defined below: (i) for a stream, the 30 meter strip on both sides of the stream, measured from the high water mark; 2 These vital conditions are numerous and varied and include: a. sources of organic debris, such as fallen trees and tree roots; b. areas for stream channel migration; c. vegetative cover to help moderate water temperature; d. provision of food nutrients and organic matter to the stream; e. stream bank stabilization; and f. buffers for streams from excessive silt and surface runoff. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 45 (ii) for a ravine less than 60 meters wide at any point within the parcel of land in question, a strip on both sides of the stream measured from the high water mark to a point that is 30 meters beyond the top of the ravine bank; and (iii) for a ravine 60 meters wide or greater at every point within the parcel of land in question, a strip on both sides of the stream measured from the high water mark to a point that is 10 meters beyond the top of the ravine bank. *A stream is defined as: (a) watercourse, whether it usually contains water or not; (b) a pond, lake, river, creek or brook; or (c) a ditch, spring or wetland that is connected by surface flow to something referred to in (a) or (b). 3.(b) The requirement for a development permit does not apply to: (i) existing permanent structures, roads and other developments lying within the development permit area at the time of adoption of this bylaw including the repair, renovation or reconstruction of a permanent structure on its existing foundation; (ii) the provision or works required for the operation and maintenance of community water supply systems; (iii) privately owned land assessed as managed forest lands subject to the Private Managed Forest Act and associated regulations; (iv) the extraction of limestone, minerals and aggregates including sand and gravel pursuant to a permit issued under the Mines Act or logging of Crown land authorized under the Forest Act; and (v) the removal of trees certified as hazardous by a qualified arborist. GUIDELINES Prior to the issuance of a development permit the applicant is required to provide to the Regional District (at the applicant’s expense) a report by a Qualified Environmental Professional (as defined in Appendix A) which provides an opinion as to whether the natural features, functions or conditions that support fish life processes will be harmfully altered, disrupted or destroyed by the proposed development and whether the community water supplies for Gillies Bay and Van Anda will be adversely affected. In cases where such harmful or adverse effects are anticipated, the report must include recommendations as to how the impact of the works or activity proposed within the riparian assessment areas may be mitigated. The Board will specify development permit conditions under Section 920(7) of the Local Government Act based on the report of the Qualified Environmental Professional. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 Consolidated for Convenience Only September 12, 2012 46 APPENDICES APPENDIX A - DEFINITIONS & INTERPRETATIONS APPENDIX B – THE AVERAGING PRINCIPLE _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 47 APPENDIX A – DEFINITIONS & INTERPRETATIONS “Agriculture” means a “Farm Operation” "Accessory Building or Structure" means a building or structure which is secondary in purpose to a permitted use of the land, buildings or structures located on the same lot. "Accessory Use" means a use ancillary to a principle building or principle use situated on the same lot, provided that such principle building or principle use is permitted under the provisions of this Bylaw. "Bed and Breakfast Operation" means the use of a residential dwelling to provide lodging and meals to paying guests on a short-term basis (less than 30 days) which does not involve the rental of more than 3 rooms at any one time for guest accommodation. "Building" means any structure that encloses and shelters a use. "Commercial Recreation" means commercial facilities serving the recreational needs of residents and visitors. Examples: marinas, tourist accommodations, campsites, golf courses, riding stables, and other similar facilities. "Commercial Use" means a use providing for the retail sale, repair and servicing of household, non-household, personal and non-personal goods, or for providing services to people. "Community Water System" means a system of waterworks which serves 2 or more parcels and which is owned, operated and maintained by an improvement district under the Water Act or the Local Government Act or a regional district or which is regulated under the Water Utility Act. "Community Watershed" means a watershed over which a community holds a valid water licence issued under the Water Act by the Comptroller of Water Rights. "Farm Operation" means any of the following activities involved in carrying on a farm business: a) growing, producing, raising or keeping animals or plants, including mushrooms, or the primary products of those plants or animals; b) clearing, draining, irrigating or cultivating land; c) using farm machinery, equipment, devices, materials and structures; d) conducting any other agricultural activity on, in or over agricultural land; and e) processing or direct marketing by a farmer of the products of a farm owned or operated by the farmer, but does not include: f) an activity, other than grazing or hay cutting, if the activity constitutes a forest practice as defined in the Forest and Range Practices Act; g) breeding pets or operating a kennel; and _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 48 h) the growing, producing, raising or keeping exotic animals, except types of exotic animals prescribed by the Minister. "Fish Habitat" means the areas in and about a stream, such as spawning grounds and nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes. “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 soil itself, and includes the active floodplain. "Home Based Businesses" means a use accessory to a residential use which may be commercial or industrial in nature. "Home Occupation Use" means a use accessory to a residential use and located within the same building, where the householder carries on an occupation or practices a profession. "Industrial" means a use providing for the processing, fabricating, assembling, storing, transporting, distributing, wholesaling, testing, servicing, repairing, wrecking, or salvaging of goods, materials or things and specifically includes forest-related land uses. "Institutional" means a use providing for civic, education, religious, fraternal, hospital or cultural facilities. "Qualified Environmental Professional" means an applied scientist or technologist, acting alone or together with another qualified environmental professional, if (a) the individual is registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, acting under that association’s code of ethics and subject to disciplinary action by that association; (b) the individual’s area of expertise is recognized in the assessment methods as one that is acceptable for the purpose of providing all or part of an assessment report in respect of that development proposal; and (c) the individual is acting within that individual’s area of expertise. "Residential Use" means a one-family dwelling unit which provides the accommodation and home life of a person or persons. "Riparian Area" means a streamside protection and enhancement area. "Riparian Assessment Area" means (a) for a stream, the 30 meter strip on both sides of the stream, measured from the high water mark; _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 49 (b) for a ravine less than 60 meters wide at any point within the parcel of land in question, a strip on both sides of the stream measured from the high water mark to a point that is 30 meters beyond the top of the ravine bank; and (c) for a ravine 60 meters wide or greater at every point within the parcel of land in question, a strip on both sides of the stream measured from the high water mark to a point that is 10 meters beyond the top of the ravine bank. "Small Scale Industries" means under 100 employees and less than 2 million dollars in sales. "Stream" includes any of the following that provides fish habitat: (a) a watercourse, whether it usually contains water or not; (b) a pond, lake, river, creek or brook; or (c) a ditch, spring or wetland that is connected by surface flow to something referred to in (a) or (b). "Top of the Ravine Bank" means the first significant break in a ravine slope where the break occurs such that the grade beyond the break is flatter than 3:1 for a minimum distance of 15 meters measured perpendicularly from the break, and the break does not include a bench within the ravine that could be developed. "UREP" – means a Section 16 (Land Act) Map Reserve for the “Use Recreation and Enjoyment of the Public”. "Water Bodies" means lakes, streams, creeks, springs, wetlands, or any other source as defined by the Water Act. "Watersheds" means areas of land directly or indirectly drained by a lake or stream. "Wetland" means land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, estuaries and similar areas that are not part of the active floodplain of a stream. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 50 APPENDIX B - THE AVERAGING PRINCIPLE The most common devices for regulating the location and extent of residential settlement are zoning bylaws which confine residential use to specific areas and subdivision bylaws which establish minimum lot sizes within each of the residential zones. While these bylaws may produce a uniform and predictable pattern of settlement, they often ignore the aesthetic quality and physical features of the landscape to which they apply. An alternative to regulating settlement solely on the basis of minimum lot size is to employ the Averaging Principle. For example, if one’s property is 16 hectares (40 acres) and the average lot size prescribed is 2 hectares (5 acres), one may create eight lots of whatever size. Lots divided thus cannot be further subdivided until the prescribed density is altered. In order to avoid the creation of a large number of small lots with an unuseable remainder, a minimum and maximum parcel size are usually prescribed. This Plan holds that, because of the local topography, some of the land within the planning area can be more appropriately subdivided through the application of the Averaging Principle. The diagram below illustrates how this Principle may be applied. _____________________________________________________________________________ Texada Island Official Community Plan, Bylaw No. 395, 2005 51