There are different types of permits issued by local government: development permits
for protection of the natural environment, development permits for protection from
hazardous conditions, and environmental bylaws. Traditionally local government could make
bylaws for dogs, cats, rats, but not for fish or wildlife. Now there are tools that can be
used and mechanisms we can layer to achieve the goal of protecting fish and streams.
The power to "prevent the fouling of a stream" would seem to address
pollution. When the issue was submitted to a lawyer, it was determined that under the Municipal
Act "foul" has meant blocking a stream. But why not? There is lots of legal
input on the traditional meaning of "foul." Mel Kotyk wanted it to mean no
pollution, so the Land Development Guidelines were included in a bylaw.
The North Vancouver bylaw sets out water quality, stream corridors, and provides that
you can't deposit soil or cut down trees. It should be noted that under the Municipal
Act local government can't deal with understory, bushes etc., only trees. North Van
requires a report on the environmental sensitivity of an area before issuing a permit. The
report addresses slopes and contours, wildlife areas, fish and wildlife, riparian
protection and a tree survey. Mel Kotyk is not certain if they can do this, but they are.
There are differences between development permits and environmental bylaws. Development
permits apply to designated areas within the Official Community Plan (e.g. stream
corridors). There is a map associated with development permit areas. Environmental Bylaws
apply throughout the municipality, thus fewer projects slip through the cracks.
Development permits affect specific lands and conditions in different areas. The pros
of this type of permit are that they are clearly defined in the Official Community Plan,
they establish requirements early in the process, and there is a way to include the public
in the process. The cons of this type of permit are that council issues the permits, not
staff, it is a 3-16 month process, and the fact that it is large-project driven and only
applies to defined areas.
Environmental bylaws are broadly based, but allow set site-specific terms and
conditions to be set. For example it is possible to look specifically at sedimentation
control, placement of buildings etc. The pros of these tools are that they apply uniformly
throughout the municipality, they establish final, detailed conditions on permits and are
not large project, development driven. The cons of environmental bylaws are that they come
into play late in the process of application, are not tied to "fish or
wildlife", require public education (i.e. people aren't familiar with them) and they
require layering.
Both development permits and environmental bylaws are enforceable. Work can be stopped.
The first project that was stopped was North Vancouver's own golf course construction,
which took six weeks to clean up.
What is needed from the provincial and federal governments are clear guidelines about
what municipalities can do, involving clear criteria. Changes to the Municipal Act
are necessary to provide that municipalities can protect fish habitat. Municipalities
should be seen as partners in the process. A good coordinating process is important, since
if one aspect fails the whole thing can fail.
Question (to Erik). Can development permits be applied to single family residences?
Response. In environmentally sensitive areas. As between the way the law is written,
the way it is interpreted in the field, and the way it is applied in court one could say
there are three solitudes.
Question (to Mel). Do you have any comments of North Vancouver council re: rezoning of
Mosquito Creek streamside protection?
Response: It is not our decision, but that of City of North Van. There is frustration
at the District, where they do have guidelines, because they share streams with those who
see things differently.
(Erik) Spoke about management issues. For example with three municipalities and a
regional district, in dealing with this type of problem, cooperation is needed. (Billots
on creek watershed plan. Brunette/Still Creek area).
Question (to Mel). You mentioned hammers and scalpels — what about tickets?
Response. When we have a contravention, it is good to have a range of options available
in the bylaw where there is an ability to ticket (eg, lots under $250). It allows for
onsite ticketing. It is a good way to get people's attention, and can be a way to arrange
for "Best Management Practices" — can be a teachable moment.
In one example involving a cement company, a couple of tickets were given to individual
drivers for cleaning and dumping waste in water. The next day the company called, and
between the parties a management practice strategy was worked out.
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,
- 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
- 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
- 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
- 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
- without a permit issued pursuant to Part F; or
- 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 10o for a height of 6 metres or more.
Subdivision Requirements
12. When the slope angle is
- less than 20o, normal development and engineering
practices apply;
- from 200 to 30o, 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
- greater than 30o, 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:
- where development is to occur at the base of a slope and
- the angle of slope is more than 10o but less than 20o, 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;
- the angle of slope is from 20o to 30o,
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;
- the angle of slope is greater than 30o, 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 .
- where development is to occur on a slope and
- the angle of slope is more than 10o but less than 20o, 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;
- the angle of slope is from 20o to 30o,
excavations deeper than 1 metre must be reviewed by a registered professional engineer;
- the angle of slope is greater than 30o, all
excavations must be designed and supervised by a registered professional engineer.
- where development is to occur at the top of a slope and
- the angle of slope is more than 10o but less than 20o, 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;
- the angle of slope is 20o to 30o,
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
- the angle of slope is 30o 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 30o
- without a permit issued pursuant to Part F; or
- 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;
- without a permit issued pursuant to Part F; or
- contrary to a permit issued pursuant to Part F.
[Parts C, D, E omitted]
PART F
PERMIT APPLICATION REQUIREMENTS
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:
- 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;
- a detailed description of existing structures near the proposed structure or
area of work;
- a detailed drawing or plan clearly describing any area of the removal of rock, gravel or
soil;
- the reason and purpose of the work;
- the name of the contractor, if any, who will do the work;
- time required for completion in calendar days; and
- 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;
- an environmental impact assessment prepared by a person qualified to give authoritative
opinions on the subject matters discussed, including:
- 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;
- a description of all federal and provincial environmental standards that apply to the
proposed work during and after the work and during operations; and
- 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.
- a plan showing the replanting of vegetation in disturbed areas using approved species
from those listed in Attachment A.5.
- a copy of any applicable federal or provincial approval.
(6727)
[29-30 omitted]
31. Prior to the issuance of
- 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.”
- 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:
| Project Capital Cost |
Required Security Deposit |
| 0-$100,000 |
$2,500 |
| $100,000 - $200,000 |
$5,000 |
| >$200,000 |
$10,000 |
more than 3 permits
per applicant |
$30,000 plus $6,000 cash
for minor work as required |
|
(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:
- for an Aquatic Area Permit $250
- for a Tree Permit
- n/c Hazardous trees on land owned or possessed by the District
- $50 1-3 trees
- $175 more than 3 trees
- $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
- 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,
- a Tree Permit shall be issued;
- an Aquatic Area Permit shall be issued; and
- 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
- everything done under the permit conforms with the provisions of this bylaw, including
the terms and conditions of the permit;
- all federal and provincial approvals remain in effect;
- all information provided in support of the application for the permit is correct; and
- 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
- personal service, or
- 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:
| Designated Expression |
Section |
Fine |
| discharge of fouling material |
7. |
$250.00 |
conduct works in stream
corridor without permit |
9a. |
$100.00 |
conduct works in stream
corridor contrary to permit |
9b. |
$250.00 |
| damage tree |
25. |
$100.00 |
| cut tree without permit |
24a. |
$250.00 |
| cut tree contrary to permit |
24b. |
$250.00 |
| remove tree without permit |
24a. |
$250.00 |
| remove tree contrary to permit |
24b. |
$250.00 |
| deposit soil without permit |
21a. |
$100.00 |
| deposit soil contrary to permit |
21b. |
$250.00 |
| remove soil without permit |
21a. |
$100.00 |
| remove soil contrary to permit |
21b. |
$250.00 |
| deposit contaminated soil |
19. |
$300.00 |
|
Offence And Penalties
46. Every person who
- contravenes;
- causes or authorizes or permits any act or thing to be done in contravention of; or,
- 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.
Amended by: 6658 6727 6838