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City
of Nanaimo Sub-Agreement B MOU
Basis for
Development Review and Approval:
- The City's
review, approval, modification or rejection of development applications
will be based on the following Bylaws (referred to from now on
as the City's Bylaws):
- City
of Nanaimo Watercourse Map and Development Permit Area No.23
as defined on Schedule G of "ZONING BYLAW 1993 NO. 4000"
and Schedule B of "PLAN NANAIMO BYLAW 1996 NO. 6000",
as amended from time to time.
- City
of Nanaimo "Watercourse Development Permit Area Guidelines"
as defined under "PLAN NANAIMO BYLAW 1996 NO. 6000",
as amended from time to time.
- City
of Nanaimo "ZONING BYLAW 1993 NO. 4000".
All parties
understand that these Bylaws provide the basis and criteria for
allowing development to proceed within the designated Watercourse
Development Permit Area with the appropriate regulatory and mitigation
measures.
- In addition,
the following documents, as revised or updated from time to time,
will be used in the review of development applications:
- Department
of Fisheries & Oceans and Ministry of Environment, Lands
& Parks: Land Development Guidelines for the Protection
of Aquatic Habitat, Victoria, B.C., May 1992
- Ministry
of Environment, Lands and Parks - Vancouver Island Region:
Environmental Requirements and Best Management Practices
for Land Development Proposals. Nanaimo, B.C.. 2001
- Department
of Fisheries & Oceans, Ministry of Environment, Lands
& Parks, and Ministry of Municipal Affairs: Stream
Stewardship: A Guide for Planners and Developers. Vancouver,
B.C., 1994
- Department
of Fisheries & Oceans, et al: Access Near Aquatic
Areas: A Guide to Sensitive Planning, Design and Management.
Vancouver, B.C.. 1996
- Environment
Canada (Canadian Wildlife Service) and Ministry of Environment,
Lands and Parks. Sensitive Ecosystem Inventory: East Vancouver
Island and Gulf Islands 1993-1997, Volume 2: Conservation
Manual. 2000
- The documents
referred to in the previous paragraph may contain provisions that
exceed or differ from the requirements of the City's Bylaws. The
parties acknowledge that these documents are intended as guidelines
and are not mandatory (required under provincial or federal law)
except where clearly indicated. All parties understand that the
City of Nanaimo may approve development that varies from the above
documents, in consultation with B.C.E and DFO as set forth in the
"Review and Response Process" defined below, where:
- the variations
are consistent with its bylaws;
- strict
application of the guidelines is impractical and a variance
will neither damage nor destroy existing sensitive habitats;
or
- positive
conservation and land development goals may be achieved through
the approval of a variance.
Effect of Fish
Protection Act (S.B.C. 1997: ss.12) Streamside Protection Regulation:
In
January 2001, the Streamside Protection Regulation (SPR) was passed
into law. The SPR identifies how local governments must establish
streamside protection and enhancement areas within 5 years. The
parties acknowledge that the City already has measures in place,
through the Watercourse Development Permit Area (DPA #23) and the
Zoning Bylaw, that go a long way in complying with the SPR. The
parties further acknowledge that because these measures have been
in place since 1996, the City has gained considerable experience
in implementing such protection measures. To ensure that the City
is fully compliant with the SPR by January 2006, the parties agree
to the following approach:
- This Subagreement,
in concert with the City's Bylaws, will provide an effective transition
strategy for streamside protection until January 2006, or until
such time as the City has adopted the necessary amendments to
existing bylaws to ensure they are fully compliant with the SPR
(whichever comes first). DFO and B.C.E will work with the City to
seek resolution to the following outstanding issues concerning
SPR implementation:
- Defining
a method for identifying and assessing riparian areas for inclusion
as streamside protection areas in Nanaimo.
- Assessing
the existing DPA #23 to determine the extent to which its requirements
meet the SPR generally and on a stream-by-stream basis;
- Developing
appropriate amendments to DPA #23 or other City bylaws as needed.
- BCE and DFO
acknowledge that resolving these issues is dependent on adequate
technical and financial resources, which City may not be able
to provide entirely on its own within the allotted five-year period.
B.C.E and DFO will assist the City in finding funding sources or
provide the resources needed to achieve compliance with the SPR
by January 2006.
- Notwithstanding
the previous paragraphs, when and where possible, the City will
attempt to achieve the provisions of the SPR, and the documents
referred to paragraph 9, that exceed the existing provisions of
the City's Bylaws.
Review and
Response Process
- The EC will
determine if a development application needs to be referred to
B.C.E and DFO based on the criteria listed in Attachment 1.
- Applications
meetingBased on the criteria set forth in Attachment 1, some applications
will be reviewed at a regularly scheduled MOU Coordination Meeting
(see Subagreement A). Those aApplications will be provided to
B.C.E and DFO at least one week prior to the appropriate meeting.
- Discussion
at the Coordination Meeting will determine:
- Conditions
of approval by all parties; OR
- More
information is needed, which the EC will seek from the applicant
and then bring back to a later meeting; AND
- Whether
written responses from senior agencies are needed, or whether
verbal agreement and minutes from the meeting will suffice
in relaying approval, as indicated in Attachment 1.
- If a written
response is required, B.C.E and/or DFO (as required) will provide
correspondence outlining conditions of approvals or further information
needs (as applicable) to the EC no more than ten (10) working
days after the meeting.
- Special meetings
outside the regular Coordination Meetings may be requested by
any of the parties if circumstances require an urgent review.
Dispute Resolution
- An application
will not be brought before City Council for approval until the
required statutory authorizations or approvals from B.C.E and/or
DFO have been received.
- Notwithstanding
the previous paragraph, it is expected that any disagreement on
approval, conditions of approval, modifications to applications
or rejection of development applications will be dealt with in
the following steps:
- Initially
by staff attending the coordination meeting -significant,
unresolved issues taken to (b);
- By supervisors
of staff involved in initial review (managers, directors)
- significant, unresolved issues taken to (c);
- By Council;
City staff will document outstanding issues in its report
regarding the application.
Monitoring,
Training and Review
- A representative
portion of the development projects approved through this process
will be reviewed by the parties on an annual basis, for the purpose
ofin order to monitoring the effectiveness of regulatory requirements,
and assist the City in improving the environmental review process,
and provide opportunities for refining the criteria for referral
of applications. The review may include a tour of selected sites.
- Senior agencies
will provide training required to assist the City in meeting the
objectives of this Subagreement.
- This Subagreement
will be reviewed every 3 years to ensure that the content of the
Subagreement and its implementation are meeting the objectives
of the Subagreement and the goals of the parties.
AGREED
BY:
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Brian
Mehaffey
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Bruce
McDonald
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Earl
Warnock
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Development
Services Dept., City of Nanaimo
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Fisheries
and Oceans Canada
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B.C.
Environment
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February
20, 2001
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February
20, 2001
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February
26, 2001
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