City of Nanaimo Sub-Agreement B MOU

MEMORANDUM OF UNDERSTANDING

For Cooperation on Environmental Matters in the City of Nanaimo

SUBAGREEMENT B:

REFERRAL OF LAND DEVELOPMENT APPLICATIONS IN THE CITY OF NANAIMO

TO B.C. ENVIRONMENT AND FISHERIES & OCEANS CANADA

 

This Subagreement is made the 20th day of February 2001 and forms an integral part of the Memorandum of Understanding on Environmental Matters in the City of Nanaimo;

BETWEEN: City of Nanaimo (City)

AND: B.C. Environment, Vancouver Island Region (BCE)

AND: Fisheries & Oceans Canada (DFO)

Application:

1. This Subagreement applies to the review of all applications for development in the proximity of a watercourse or any other Environmentally Sensitive Area (ESA) in the City of Nanaimo as indicated in Schedule B in Bylaw 6000, the Official Community Plan or Schedule G of Bylaw 4000, the Zoning Bylaw. Such development applications include, but are not limited to: subdivision, rezoning, Development Permits, Building Permits, stream restoration and enhancement.

Objective:

2. The objective of this Subagreement is to clarify and streamline the processes by which development applications are reviewed by the City and referred to B.C.E and DFO in the interests of environmental protection.

Coordination Responsibilities:

3. City of Nanaimo: Environmental Coordinator (EC), Development Services Department

B.C. Environment, Vancouver Island Region: Environmental Assessment Officer

Fisheries & Oceans Canada, Habitat and Enhancement Branch, South Coast Division: Habitat Technologist

Review Framework - One-Window Approach:

4. The parties recognize that the EC is a Registered Professional Biologist or equivalent.
   
   
5. The EC will be the initial point of contact and referral ("single window") for all development applications in the city having or potentially having a harmful impact on a watercourse or ESA. The EC will provide a preliminary review of such applications, make initial comments to the applicant and/or City staff, and advise of information requirements based on the guidelines set forth below (see "Basis for Development Review and Approval").
   
   
6. The parties recognize that only DFO can authorize a harmful alteration, disruption or destruction (HADD) of fish habitat as defined in the Fisheries Act. The EC can recommend mitigation measures, but cannot authorize or approve activities that cause a HADD of fish habitat.
   
   
7. BCE and DFO agree to forward all development inquires to the EC prior to considering any form of review or approval by their respective agencies, to ensure consistency, efficient use of resources, and to take advantage of the benefits of collaboration.

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