Appendix A — A Protection and Preservation Bylaw

Excerpts from the District of North Vancouver Environmental Protection and Preservation Bylaw

CONSOLIDATION OF BYLAW 6515 UP TO AND
INCLUDING BYLAW 6838 AS OF MARCH 4, 1996

THE CORPORATION OF THE DISTRICT
OF NORTH VANCOUVER
BYLAW 6515

A bylaw to protect, preserve and conserve our natural setting and ecological systems of watercourses, trees, soils, lands and visual assets of the District of North Vancouver pursuant to sections 587 (a), 589, 692, 930.1, 932 (j), 976 (5), 978, and Division 4.1 of the Municipal Act R.S.B.C. 1979, c290.

The Council for The Corporation of the District of North Vancouver enacts the following:

Title
1. This bylaw may be cited as “ENVIRONMENTAL PROTECTION AND PRESERVATION BYLAW”.

Administration Of Bylaw
2. This bylaw is administered by the Environmental Protection Officer.

Conflict With Cited Publications
3. Where anything in the Land Development Guidelines, the “British Columbia Landscape Standard”, 1993 Edition, published by British Columbia Society of Landscape Architects, or “Pruning and Tree Repair” published by The National Institute on Park and Grounds Management, Appleton, Wisconsin, conflicts with a regulation in this bylaw, the regulation prevails.

PART A
AQUATIC AREAS

(6727)
Application
4. This part applies to stream corridors, the waterfront and wetlands.

(6727)
Definitions
5. In this bylaw,

drainage works includes culverts, ditches, drains, rip rapped channels, and storm sewer systems, which discharge into, or collect, constrain or divert, a stream;

Land Development Guidelines means the “Land Development Guidelines for the Protection of the Aquatic Habitat”, September 1993 as co-published by the Ministry of Environment, Lands and Parks, Integrated Management Branch, and the Department of Fisheries and Oceans;

natural boundary means the visible high water mark of any stream, or the ocean where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark the soil of the bed of the body of water a character distinct from that of its banks, in vegetation or in the nature of the soil itself;

regular maintenance does not include the topping and removal of trees;

stream means a natural watercourse, whether usually containing water or not, ground water, a lake, river, creek, spring, ravine, swamp, gulch, drainage works, and wetland, and includes any site drainage works on or within 30 metres of sloping terrain;

stream corridor means the area of land between the tops of bank of a stream and,

1. in the case of a fish-bearing stream, as designated and delineated in attachment A.1 Fish Bearing Streams, the land above and within 30 metres measured horizontally of the top of bank of the stream; and
2. in the case of a non-fish-bearing stream, the land above and within 15 metres measured horizontally of the top of bank of the stream;

structure includes a wall, crib, weir, dam, building or any work capable of affecting or controlling the flow of water in a stream, or capable of damaging, weakening or reducing the effectiveness of the bank, bed or channel of a stream to carry storm or flood waters;

top of bank has the meaning set out in the Land Development Guidelines;

waterfront means the land lying between a line measured horizontally 30 metres inland from the natural boundary and the District boundary line in Burrard Inlet and Indian Arm;

wetland means land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas, and land above and within 30 metres measured horizontally of the land just described and without limiting the generality of the foregoing, the areas designated and delineated on attachments A.2 - Mackay Creek Marsh, A.3 - Hogan’s Pools, and A.4 - Park Street Marsh; and

work means activities involved in cutting or removal of a tree, removal of vegetation, removal of soil, deposit of soil or other material, construction of a building or structures; and installation of drainage works, but does not include the regular maintenance of planted gardens or landscaping.

(6727)
Guidelines
6. The Land Development Guidelines apply in the administration of this bylaw and to any permits to do work within a stream corridor, on the uplands of the waterfront or on wetland.

(6727)
Fouling Prohibited
7. No person may do anything that would, directly or indirectly, foul, obstruct or impede a stream, or waterfront.

(6727)
Suspended Solids And Other Material
8. Without limiting the generality of section 7, no person may discharge a fluid containing suspended solids into a stream that would exceed

1. 25 milligrams per litre above background suspended solids of the receiving environment during the months of May to September, or 75 milligrams per litre above background suspended solids of the receiving environment during the months of October to April; or
2. those parameters as listed in “Approved and Working Criteria for Water Quality” as published by Ministry of Environment, Water Management Branch March 1989, and “Urban Runoff Quality Control Guidelines for British Columbia” as published by Waste Management Groups, British Columbia Research Corporation, June 1992.

Permit Required
9. No person may do any work within a stream corridor, waterfront or on wetland

1. without a permit issued pursuant to Part F; or
2. contrary to a permit issued pursuant to Part F.

(6727)
PART B
SLOPING TERRAIN

Application
10. This part applies to sloping terrain; except for such land in a stream corridor.

Definition
11. In this bylaw,

sloping terrain means land with a slope angle greater than 10^o for a height of 6 metres or more.

Subdivision Requirements
12. When the slope angle is

1. less than 20^o, normal development and engineering practices apply;
2. from 20⁰ to 30^o, if the Director of Parks and Engineering Services determines that site conditions so require, engineering plans shall be prepared under the supervision of a registered professional engineer; and
3. greater than 30^o, a registered professional engineer shall certify construction drawings and specifications for all roads and structures and supervise all construction.

(6727)
Site Development Requirements
13. The following regulations apply to development on or adjacent to sloping terrain:

1. where development is to occur at the base of a slope and
   1. the angle of slope is more than 10^o but less than 20^o, the maximum depth of excavation permitted without the advice of a registered professional engineer is 2 metres, and the sides of the cut must be sloped at 2:1 or less, or suitable retaining structures provided as approved by a registered professional engineer;
   2. the angle of slope is from 20^o to 30^o, the minimum setback distance is 5 metres measured from the nearest edge of a structure and the base of the slope, and excavations deeper than 1 metre must be reviewed by a registered professional engineer;
   3. the angle of slope is greater than 30^o, the minimum setback distance is 5 metres measured from the nearest edge of a structure and the base of the slope, all excavations must be designed and supervised by a registered professional engineer .
2. where development is to occur on a slope and
   1. the angle of slope is more than 10^o but less than 20^o, the maximum depth of excavation permitted without the advice of a registered professional engineer is 2 metres, the sides of any cut or fill must be sloped at 2:1 or flatter, or suitable retaining structures provided, or as may be approved by a registered professional engineer;
   2. the angle of slope is from 20^o to 30^o, excavations deeper than 1 metre must be reviewed by a registered professional engineer;
   3. the angle of slope is greater than 30^o, all excavations must be designed and supervised by a registered professional engineer.
3. where development is to occur at the top of a slope and
   1. the angle of slope is more than 10^o but less than 20^o, the maximum height of fill permitted is 1.5 metres measured to the depth of the original ground, the fill slope shall not exceed 2:1, and any retaining structures higher than 1.5 metres must be designed by a registered professional engineer;
   2. the angle of slope is 20^o to 30^o, the minimum distance between the nearest edge of structure and the top of slope is 10 metres, except where a registered professional engineer has designed the foundation for a building or shelter so as to permit a lesser distance; and
   3. the angle of slope is 30^o or greater, all work carried out must be designed and supervised by a registered professional engineer.

(6727)
Overburden
14. No person may place soil on sloping terrain where the slope is greater than 30^o

1. without a permit issued pursuant to Part F; or
2. contrary to a permit issued pursuant to Part F.

(6727)
Tree Cutting Or Removal
15. No person may cut, damage or remove a tree from sloping terrain;

1. without a permit issued pursuant to Part F; or
2. contrary to a permit issued pursuant to Part F.

[Parts C, D, E omitted]

Application For A Permit
27. Where a permit is required, application shall be made to the Director of Parks and Engineering Services:

(6727)
Information To Accompany An Application
For An Aquatic Area Permit
28. An application for a permit to perform work in a stream corridor or in waterfront, wetlands shall be accompanied by the following information:

1. detailed drawings or plans clearly describing the proposed structures and the materials and type of construction to be employed including a cross section of proposed structure and its layout on the ground;
2. a detailed description of existing structures near the proposed structure or area of work;
3. a detailed drawing or plan clearly describing any area of the removal of rock, gravel or soil;
4. the reason and purpose of the work;
5. the name of the contractor, if any, who will do the work;
6. time required for completion in calendar days; and
7. any further information required by the Environmental Protection Officer to ensure compliance with this Bylaw including design construction or structural detail of any part of the proposed works;
8. an environmental impact assessment prepared by a person qualified to give authoritative opinions on the subject matters discussed, including:
   1. a description of the existing conditions of the site and an analysis of any adverse impacts of the proposed work on the environment during and after the work having regard to such matters as the location of topography of the work site and surrounding area; and the effects on the stream corridor or waterfront including effects on: water quality and quantity; hydrology; fisheries; wildlife, tree and vegetation inventory; soils; climate; land use; recreation; aesthetics; and, human interest;
   2. a description of all federal and provincial environmental standards that apply to the proposed work during and after the work and during operations; and
   3. evidence that all adverse environmental impacts during and after the work and once in operation will be insignificant or mitigated to insignificant levels by the work methods, design and mitigation measures that will be used or incorporated into the work.
   4. a plan showing the replanting of vegetation in disturbed areas using approved species from those listed in Attachment A.5.
9. a copy of any applicable federal or provincial approval.

(6727)

31. Prior to the issuance of

1. an Aquatic Permit or a Tree Permit, an applicant is required to provide a security in the form of cash, certified cheque , or an unconditional, irrevocable letter of credit drawn on a Canadian chartered bank in a form acceptable to the Director of Financial Services in an amount equal to 30% of the estimated cost of the work to be performed under the permit to a maximum of $10,000, to ensure full and proper compliance with provisions of this bylaw and all terms and conditions of the permit.”
2. a Soil Permit an applicant is required to provide a security in the form of cash, certified cheque, or unconditional, irrevocable letter of credit drawn on a Canadian chartered bank in a form acceptable to the Director of Financial Services in an amount per the following table:

(6838)
Drawing On Security Deposit
32. If the applicant does not comply with the terms and conditions of the permit or the provisions of this bylaw the District may use all or a portion of the security deposit or call for and receive the funds secured by the letter of credit and use the funds to remedy the non-compliance, or if the work under the permit is not completed before 1 month of the expiry date of the letter of credit, the District may call for and receive the funds secured by the letter of credit and retain the funds until the applicant delivers a replacement letter of credit to the District in the same form and amount; and at the discretion of the District, all or part of this security may be held for up to three years of issuance.

Liability On Security Deposit
33. Prior to issuance of a permit for work on land owned by the Corporation of the District of North Vancouver, an applicant is required to obtain and maintain, at all times during the period of validity of the permit, public liability insurance in the amount of $5,000,000, in connection with the obligations under this bylaw with deductibles and terms reasonably satisfactory to the District, with the District listed as an “Additional Named Insured” and evidence of this coverage must be provided in the form of an insurance certificate, and with a provision that the insurer will notify the District in writing at least 30 days prior to cancellation of the policy, and will deliver a certified copy of such policy to the District upon demand.

(6727)
Fees
34. An applicant for a permit must pay the following fee:

1. for an Aquatic Area Permit $250
2. for a Tree Permit
   1. n/c Hazardous trees on land owned or possessed by the District
   2. $50 1-3 trees
   3. $175 more than 3 trees
   4. $1600 on a parcel greater than 1 hectare where a subdivision plan is not involved, of which $925 is refundable if there is no public information meeting called by Council under Section 35
3. for a Soil Permit $175 for any soils application

(6838)
Public Meeting
35. Upon receipt of an application for a Tree Permit for a parcel of land greater than one hectare in size Council may, at its discretion, require a public information meeting to be held prior to Council issuing or refusing the permit.

(6727)
Issuing Of Permit
36 When all conditions have been met for the issue of the permit,

1. a Tree Permit shall be issued;
2. an Aquatic Area Permit shall be issued; and
3. a Soil Permit shall be issued,

subject to the terms and conditions required by the Environmental Protection Officer to ensure compliance with the provisions of this bylaw or any other bylaw.

(6727)
Maintaining Validity Of Permit
37. A permit is valid while

1. everything done under the permit conforms with the provisions of this bylaw, including the terms and conditions of the permit;
2. all federal and provincial approvals remain in effect;
3. all information provided in support of the application for the permit is correct; and
4. any person providing services required under this bylaw has adequately met the requirements of this bylaw,

and failure to meet any of these provisions invalidates the permit.

PART G
ENFORCEMENT

Inspection
38. The Environmental Protection Officer, a Bylaw Enforcement Officer, a Building Inspector, and the Forestry Technologist may, at any reasonable time or times, enter upon any property for the purposes of inspection to determine compliance with the provisions of this bylaw or a permit issued pursuant to this bylaw.

Order To Comply
39. Where the holder of a permit has failed to maintain the validity of the permit, the Environmental Protection Officer a Bylaw Enforcement Officer, a Building Inspector, Engineering Design Coordinator, Engineering Administration Technician, Construction Inspector or the Forestry Technologist may, in accordance with section 40, serve on such person an Order to Comply which requires the person to remedy the non-compliance within 14 days or, if in the opinion of the Environmental Protection Officer special circumstances exist, on a date the Officer considers reasonable in the circumstances.

(6727)
Service Of The Order
40. The Environmental Protection Officer, a Bylaw Enforcement Officer, a Building Inspector, or the Forestry Technologist shall serve the Order to Comply on the holder of the permit by

1. personal service, or
2. return registered mail to the address of the holder of the permit as it appears on the application for the permit and when an Order to Comply is not personally served it is deemed to have been serviced on the third day after mailing or posting.

(6727)
Appeal
41. A person upon whom an Order to Comply has been served may, by giving notice in writing to the Municipal Clerk at least 72 hours prior to the expiry of the time given in the Order to Comply to remedy any contradictions of the bylaw, appeal to the Council who shall hear and determine the appeal by confirming, amending or rescinding the Order to Comply.

Tree Replacement
42. Except where a Tree cutting Permit is issued as a remediation measure for the unlawful cutting or removal of a tree, any person who cuts or removes a tree without, or contrary to, a Tree Permit shall immediately replace such tree with another of the same species and not less than 2 metres or 10% of the height for the species, whichever is the greater, or replacement with approved species of the same basal area, and maintain the replacement tree.

(6727)
Designation Of Bylaw
44. This bylaw is designated pursuant to section 934.1 of the Municipal Act, R.S.B.C. 1979, c.290 (the Municipal Act) as a bylaw that may be enforced by means of a ticket in the form prescribed.

Designation Of Bylaw Enforcement Officer
44. The Environmental Protection Officer, a Bylaw Enforcement Officer, a Building Inspector, and the Forestry Technologist are designated to enforce this bylaw by means of a ticket pursuant to section 934.1 of the Municipal Act.

Ticketing
45. The words or expressions listed below in the Designated Expression column are authorised to be used on a ticket issued pursuant to section 934.1 of the Municipal Act to designate an offence against the respective section of this bylaw appearing opposite in the Section column and the amounts appearing in the Fine column below are the fines set pursuant to section 934.1 of the Municipal Act for contravention of the respective section of this bylaw appearing opposite in the Section column:

Offence And Penalties
46. Every person who

1. contravenes;
2. causes or authorizes or permits any act or thing to be done in contravention of; or,
3. neglects or refrains from doing anything required to be done by

any of the provisions of this bylaw, terms and conditions of a permit, or an order issued pursuant to this bylaw commits an offence and is liable to a fine of up to $5,000 and not less than $100 for each offence; each day that the offence continues, is deemed a separate offence.

PART H
REPEAL

Repeal
47. The Watercourse Regulation Bylaw (Bylaw 3612) and all amendments thereto, the District of North Vancouver Soil Removal Bylaw 1963 (Bylaw 2994) and all amendments thereto, and the Tree Cutting Bylaw (Bylaw 6046) and all amendments thereto are repealed.