Regional District of Nanaimo MOU

 

3. Data Management and Data Sharing

3.1 Over the course of the term of this agreement the parties agree to develop an environmental data management plan to be complete by January 2001. The purpose of this data management plan will be to:

3.1.1 Define roles and responsibilities for the parties;

3.1.2 Define which data sets can be shared with whom;

3.1.3 Identify compatible technologies;

3.1.4 Identify costs and time frames; and

3.1.5 Define how data models can be established to show linkages to data sets.

3.2 As part of this Memorandum of Understanding the parties agree that the RDN is maintaining maps locating streams and other information to advance the terms of this MOU and that DFO and MELP will assist the RDN by:

3.2.1 Completing timely reviews and verification of the RDN mapped locations of streams, watersheds, wildlife areas and sensitive ecosystems as required;

3.2.2 Following an agreed process for publishing new information and updating existing publications including the ESA Atlas and web sites that utilize RDN mapped information; and

3.2.3 Participating in and supporting the electronic linking of data sources to RDN mapped information.

4. Process Framework

4.1 Development Application Reviews

DFO and MELP agree:

4.1.1 That the RDN will utilize a ‘one window’ approach for development applications.

4.1.2 The RDN will use the ESA Atlas and agreed upon guidelines, standards, and criteria as set out in Schedule ‘A’ regarding ESAs, watercourses and other comparable areas when reviewing development proposals.

4.1.3 The guidelines, standards and criteria as set out in Schedule ‘A’ are considered minimum average requirements; however, the parties agree that the RDN may approve minor variations in special cases, such as:

1. where increased protection of fish, wildlife or related habitat areas may be achieved;
2. where strict application of the guidelines is impractical and a minor variance will neither damage nor destroy existing sensitive habitats, or
3. where positive conservation and land development goals may be achieved through the approval of a variance.

4.1.4 In the following instances, the signatories agree to meet as required to review proposals and report to the RDN as required:

1. where the width of the riparian protection and enhancement area can not be clearly determined in accordance with the standards and criteria as set out in Schedule ‘A’ or by any other enactment;
2. where the RDN considers that the information submitted in support of a variance to existing guidelines, standards and criteria as set out in Schedule ‘A’ is not included;
3. where roads, works or services that are needed to support the development of otherwise developable land beyond a riparian protection and enhancement area will infringe on the riparian protection and enhancement area;
4. where concerns have been documented and acknowledged by one of the parties that suggests the criteria or information requirements are inadequate to make assessments or decisions;
5. where the likely impacts on identified sensitive habitats of any proposal is thought to be potentially severe;
6. in drainages or parts thereof which DFO and MELP have identified as particularly valuable or sensitive;
7. where substantive variances to the guidelines, standards and criteria as set out in Schedule ‘A’ are requested; or
8. where other technical assistance is required

4.1.5 The parties agree to provide support for the RDN to make independent judgments about development requirements for single residential lots.

4.1.6 The RDN together with DFO and MELP may develop criteria for special cases, practices or other activities that may compliment the guidelines, standards and criteria as set out in Schedule ‘A’.

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