North Pender Island Official Community Plan Resource











 

NORTH PENDER ISLAND LOCAL TRUST COMMITTEE
OFFICIAL COMMUNITY PLAN


BYLAW NO. 83, 1993

AS AMENDED BY NORTH PENDER ISLAND LOCAL TRUST COMMITTEE BYLAW
NO. 109, 123, 124, 130 and 151

NOTE: This Bylaw is consolidated for convenience only and is not to be construed as a legal document.


TABLE OF CONTENTS


CONSOLIDATED: September 5, 2003

BYLAW TEXT AMENDMENTS

This copy is consolidated for convenience only and includes the following text amendments:

Bylaw Number         Amendment Number         Adoption Date

Bylaw No. 109     Amendment No. 1, 1997    February 19, 1999
Bylaw No. 123     Amendment No. 1, 2000    December 5, 2000
Bylaw No. 124     Amendment No. 2, 2000    January 18, 2001
Bylaw No. 130     Amendment No. 2, 2001    October 30, 2001
Bylaw No. 151     Amendment No. 1, 2003    July 31, 2003
 

NORTH PENDER ISLAND TRUST COMMITTEE
BYLAW NO. 83


A BYLAW TO ADOPT THE OFFICIAL COMMUNITY PLAN FOR NORTH PENDER ISLAND

WHEREAS Section 27 of the Islands Trust Act gives the North Pender Island Trust Committee the same power and authority as a Regional District under Section 988 and Division (1) to (5) and (7), other than Section 990, of Part 29 of the Municipal Act; and

WHEREAS Sections 944 and 948, respectively, of Division (1) of Part 29 of the Municipal Act applies to the Committee and authorizes it to adopt an Official Community Plan and outlines procedures for developing and adopting such plans including a public hearing and Ministerial approval; and

WHEREAS Section 25 of the Islands Trust Act requires that the Executive Committee of the Islands Trust must approve an Official Community Plan prior to adoption; and

WHEREAS Section 945 of the Municipal Act lists the subjects that must be addressed in a Plan; and

WHEREAS Section 949(1) of the Municipal Act does not commit or authorize the North Pender Island Trust Committee to proceed with any project that is specified in the Plan; and

WHEREAS Section 949(2) requires that all bylaws enacted, permits issued, and works undertaken by the North Pender Island Trust Committee be consistent with the Official Community Plan;

NOW THEREFORE the North Pender Island Trust Committee being the Trust Committee having jurisdiction on and in respect of North Pender Island in the Province of British Columbia pursuant to the Islands Trust Act, R.S.B.C., 1989, enacts as follows:

TITLE

1. This Bylaw shall be cited as the "North Pender Island Official Community Plan Bylaw No. 83, 1993".


APPLICATION

2. This Bylaw applies to:

North Pender Island and the islets, islands or other land areas and the surface of water within 300 metres of the natural boundary of the sea bordering North Pender Island, except where the boundary overlaps with the South Pender Island Trust Committee Area in which case, the jurisdiction of the Bylaw extends to a line mid channel between the two islands as shown on the attached map titled "Official Community Plan Designation Area".


ORGANIZATION

3. The map entitled "Official Community Plan Designation Area" and Schedules A, B, C, D, and E, attached to and forming part of this Bylaw, are hereby designated as the North Pender Island Official Community Plan Bylaw No. 83, 1993".

4. The Schedules comprising this Bylaw are as follows:

Schedule A - Policy Document
Schedule B - Map of Land Use
Schedule C - Map of Water Resources
Schedule D - Map of Parks and Trails
Schedule E - Road Map

Note: Schedules B to E are currently only available in paper form.

BYLAW REPEAL

The "Official Community Plan (North Pender Island), Bylaw 1975" is repealed upon adoption of the Bylaw.



READINGS

READ A FIRST TIME THIS 6th DAY OF August , 1993

AMENDED AT FIRST READING THIS 30th DAY OF August , 1993

AMENDED AT FIRST READING THIS 28th DAY OF March , 1994

AMENDED AT FIRST READING THIS 21st DAY OF April , 1994

AMENDED AT FIRST READING THIS 9th DAY OF May , 1994

PUBLIC HEARING HELD THIS 3rd DAY OF June , 1994

READ A SECOND TIME THIS 16th DAY OF June , 1994

READ A THIRD TIME THIS 16th DAY OF June , 1994

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS
28th DAY OF June , 1994

APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS THIS 19th DAY OF October , 1994

RECONSIDERED AND FINALLY ADOPTED THIS 14th DAY OF November , 1994



  Gordon McIntosh                               Graeme A. Dinsdale 
    SECRETARY                                       CHAIRPERSON


NORTH PENDER ISLAND OFFICIAL COMMUNITY PLAN BYLAW, 1993


TABLE OF CONTENTS (PLEASE CLICK ON HEADING TO GO TO RELEVANT SECTION)

SECTION 1 BROAD COMMUNITY OBJECTIVES

1.1 BACKGROUND
1.2 PRINCIPLES
1.3 BROAD OBJECTIVE

SECTION 2 OBJECTIVES AND POLICIES FOR LAND USE

2.1 RESIDENTIAL
2.2 HOME BASED BUSINESS
2.3 AGRICULTURAL LAND USE
2.4 FORESTRY LAND USE
2.5 PUBLIC SERVICE LAND USE
2.6 COMMERCIAL LAND USE
2.7 INDUSTRIAL LAND USE
2.8 OPEN SPACE, PUBLIC RECREATION AND FUTURE PARKS

SECTION 3 SERVICES

3.1 TRANSPORTATION SERVICES
3.2 WATER SYSTEMS
3.3 WASTE DISPOSAL

SECTION 4 RESOURCES

4.1 ENVIRONMENTAL RESOURCES
4.2 MINERAL AND ENERGY RESOURCES
4.3 HERITAGE RESOURCES

SECTION 5 DEVELOPMENT PERMITS

SECTION 6 TEMPORARY COMMERCIAL AND INDUSTRIAL PERMITS

SECTION 7 ADMINISTRATION/IMPLEMENTATION

7.1 RESPONSIBILITY
7.2 IMPLEMENTATION
7.3 AMENDMENT PROCEDURE
7.4 REVIEW
7.5 INTERPRETATION




LIST OF SCHEDULES


SCHEDULE A - Policy Document
SCHEDULE B - Map of Land Status
SCHEDULE C - Map of Water Resources
SCHEDULE D - Map of Parks and Trails
SCHEDULE E - Road Map

Note: Schedules B to E are currently only available in paper form.

NORTH PENDER ISLAND OFFICIAL COMMUNITY PLAN BYLAW, 1993
SCHEDULE A POLICY DOCUMENT



SECTION 1: BROAD COMMUNITY OBJECTIVES


1.1 BACKGROUND

North Pender Island's origins can be traced to the Cretaceous Period approximately 80 million years ago. Since then, erosion, faulting and four distinct glacial periods have shaped North Pender into its present form.

Human settlement dates back 6000 years with archaeological data indicating that first nation tribes lived on the Island on a seasonal basis.

The first Europeans to see Pender Island were Spanish naval explorers who were in the area between 1592 and 1792. British settlement began in the 1840's and by 1860, the first settler, John Tod, had bought property on South Pender. Within 26 years other founding families including the Hopes, Buckleys, Auchterlonies, Grimmers and Spaldings arrived.

Prior to 1900, transportation between North Pender and the adjacent islands, Vancouver and Victoria, was accomplished through the use of private vessels. In 1900 regular ferry service was first established. This led to increased population growth and development on the Island.

Agricultural activity has always been a prominent part of the economic base of the Island. In addition, subsistence was often supplemented by gardens, orchards, the keeping of poultry and livestock, fishing and hunting. Home industries, logging, and tourism were also part of the Island's early economy. Between 1912 and 1956 heavy industry was also important to the Island's economy and included such operations as a brick foundry, a fish reduction plant and a herring saltery.

After World War II, an increase in taxes led many land owners to consider subdivision of their property. This trend, together with improved ferry service to the Island starting in 1960, made North Pender very attractive for conveniently located vacation or retirement property. Development of the 1200 lot Magic Lake Estates in 1966 was the largest single subdivision in Canada at that time.

Due to increased pressures for development and the requirement to provide adequate services for these developments, the Provincial Government passed the Regional District Act in 1965 and by 1968 North Pender Island was part of the Greater Victoria Regional District. The Islands continued to develop and further prompted the province to impose a ten acre freeze on all of the Islands in 1970. The province, in recognition of the unique amenities and environment of the Islands, passed the Islands Trust Act in 1974. The ten acre land freeze was removed from North Pender in 1978 when the Islands Trust adopted regulatory bylaws associated with its official community plan.

New and emerging issues since the first Official Community Plan was adopted, together with changes in Provincial legislation that guide the content of Official Community Plans, has led to the development of this Official Community Plan.



1.2 PRINCIPLES

This Official Community Plan is based on:

1) the Islands Trust Act which states "The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of the Province generally in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of the Province";

2) recognition that the amenities and environment of North Pender Island flow from an inter-relationship of its natural environment, its development based on human settlement, its social and economic activity and its ability to provide for the needs of visitors;

3) an understanding that land is a requirement to sustain life rather than simply a commodity;

4) acceptance that voluntary compliance is paramount to accomplish its objectives and policies.

 

1.3 BROAD OBJECTIVE


1) to protect the rural character of North Pender Island.


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SECTION 2:  OBJECTIVES AND POLICIES FOR LAND USE


BACKGROUND

Schedules "B" and "D" establish the approximate location of present and proposed land uses in conjunction with the objectives and policies and other map schedules of this plan.

2.1 RESIDENTIAL

Background

North Pender Island occupies a land area of 2728 hectares (6741 acres) and with a 1991 population of 1400 persons has the highest population density of any of the islands in the Islands Trust at 0.51 persons per hectare (2.47 acres). Added to this population is a current seasonal population of approximately 800-900 persons. Most of the population is located in the 1200 lot Magic Lake subdivision and in smaller subdivisions distributed throughout the island. Table 2.1 summarizes the residential land use for North Pender and its evolution over the 15 year period from 1977 to 1991.


Table 2.1 Residential Land Use

 

Total No. of Lots

Permanent Dwellings

Seasonal Dwellings

Vac. Res. Lots

 Vac. Res.Lots < 2Ac

Pop

1977

1649

237

296

1090

 

720

1991

2101

823

383

788

649

1400

% change

27.4%

247%

29.4%

(-27.7%)

 

94.4%

Source: BC Assessment Authority, 1991 Census

The significant increase in permanent dwellings during the period outlined in Table 2.1 is attributed to the higher costs in nearby urban centres, a desire for a rural lifestyle, the attractiveness of the Island for retirement and changes in technology that are allowing people to work from their homes. Based on an estimated 2.1 persons per lot full development of all existing residential lots would allow for a total population of approximately 4200 persons.

Residential Objectives

1) to encourage housing styles that are appropriate to the rural character of the Island.

2) to provide for a range of housing options that serve the needs of all residents and property owners of North Pender Island

3) to promote use of vegetation for screening in residential lot use.

4) to protect the island's visual and ecological amenities.

5) to preserve and enhance the scenic quality along roadways.

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Residential Policies

2.1.A Maximum site coverage on any lot, maximum floor area for a residential dwelling, and setback and height limitations shall be regulated to enhance rural character;

2.1.B The Capital Regional District, or any other agency having jurisdiction, is invited to implement noise, nuisance and unsightly premises regulations that reflect standards of rural character, not urban character;

2.1.C The Trust Committee shall consider the use of regulations, development permit designations where permitted and the acceptance of covenants from property owners to preserve the retention of screening vegetation.

2.1.1 Rural Residential Land Use

Background

Properties in this category including the smaller lot subdivisions of Magic Lake, Port Washington, Hope Bay, Razor Point and Trincomali have generally averaged 0.6 hectares (1.5 acres) per lot.

Rural Residential Objectives

1) to preserve an opportunity for a rural lifestyle.

2) to guide new rural residential development to preserve open areas where possible.

3) to control further rural residential development on agricultural lands, environmentally sensitive lands or on lands that provide significant natural value.

Rural Residential Policies

2.1.1.1 The principal use shall be residential. Accessory uses shall not detract from the rural character of the island;

2.1.1.2 Regulations governing the location and size of lots in Rural Residential Areas shall be established with respect to:

a) the size, density and character of neighbouring parcels of land;

b) accessibility to proposed parcels and availability of potable water supply;

c) sewage disposal capability of the parcels to be created;

d) the need:

i) for a range of rural land use activities in association with a residential land use;
ii) to create a sense of community and of neighbourhood;
iii) to cluster development to avoid environmentally sensitive areas and areas of scenic or natural resource value;
iv) to preserve scenic, aesthetic, and natural values;
v) to protect areas common to a strata development.

2.1.1.3 Lot clustering is encouraged as a means to preserve large remainder lots for rural land use or preservation of the natural landscape;

2.1.1.4 Consolidation of existing lots is encouraged;

2.1.1.5 Creation of small lots that are incapable of residential development due to lack of water, inadequate sewage disposal capability or because of awkward design, slope, terrain or other environmental considerations is prohibited;

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2.1.1.6 Rural Residential lots shall be limited to one dwelling per lot if the lot is less than 1.2 hectares (3 acres) and two dwellings per lot, one of which shall not exceed 56 square metres (603 square feet) in floor area, if the lot is 1.2 hectares or larger. In those instances where a dwelling of 56.0 square metres (603 square feet) or less in floor area existed on September 23, 1999 on a lot 0.6 hectares (1.5 acres) or larger, one additional principle dwelling is permitted. Consideration may also be given to rezoning applications to permit one additional dwelling where such a dwelling is pre-existing, non-conforming in terms of use or density.

2.1.1.7 Larger lots and/or increased setback requirements shall be required where Rural Residential areas abut areas suitable for agriculture or forestry as a means to minimize conflicts between rural residential and agriculture or forestry land use activity.

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2.1.1.8 A bonus in density may be considered for areas identified as a sensitive ecosystem on the Sensitive Ecosystems Inventory: East Vancouver Island and Gulf Islands maps produced by Environment Canada, the British Columbia Ministry of Environment, Lands and Parks, and the Habitat Conservation Trust Fund dated September 1997, if an amenity involving the protection of the area is provided to the Trust Committee.

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2.1.2 Rural Land Use

Background

The 1992 assessment rolls indicated there are 139 residential parcels in excess of 0.8 hectares (about 2 acres), 26 parcels that are assessed for farm and 4 parcels with managed forest status. Most of these lots are in areas that provide a rural resource value to the island such as agriculture or forestry, or are large lots that have contributed to the scenic and rural quality of the island.

Rural Objectives

1) to promote the retention of large parcels of land for scenic, aesthetic and natural resource values and long term rural use.

2) to preserve the opportunity for a rural lifestyle.

3) to preserve natural features and sensitive environmental characteristics.

Rural Policies

2.1.2.1 Lot clustering is encouraged as a means to preserve large remainder lots for rural land use or preservation of the natural landscape;

2.1.2.2 A bonus in density may be considered where a development proposal creates a clear benefit to the community that is in addition to any regulatory requirement;

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2.1.2.3 Rural lots shall be limited to one dwelling per lot if the lot is less than 1.2 hectares (3 acres) and two dwellings per lot, one of which shall not exceed 56 square metres (603 square feet) in floor area, if the lot is 1.2 hectares or larger.square metres (500 sq. ft.) in floor area if the lot is 1.2 hectares (3 acres). In those instances where a dwelling of 56.0 square metres (603 square feet) or less in floor area existed on September 23, 1999 on a lot 0.6 hectares (1.5 acres) or larger, one additional principle dwelling is permitted.

2.1.3 Seniors' Housing, Affordable Housing, Rental Housing, Special Needs Housing

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Background

Population growth and housing development on North Pender Island has produced differing economic circumstances and housing requirements.

Housing Objectives

1) to permit a range of housing options without detracting from the rural character of North Pender Island.

Housing Policies

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2.1.3.1 Rezoning for seniors, affordable, rental, or special needs housing may be permitted if there is clearly demonstrated community need;

2.1.3.2 When policies and regulations allow for more than one residential unit on a property, such additional units may be used for permanent residential occupancy;

2.1.3.3 Cluster housing, communal ownership or occupancy of housing, room and board accommodation, and second and multi-dwelling units on a parcel shall be permitted, subject to other policies of this plan, to provide for a mutually supportive environment for persons of any age or persons with specific needs within the community while providing for maximum opportunity for independent living. Maximum size and density shall be regulated to maintain the rural residential character of the island;

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2.2 HOME BASED BUSINESS

Background

Home Based Business plays a significant role in the islands economic welfare; providing opportunities for employment together with products and services that may not otherwise be available from existing commercial or industrial enterprises.

Home Based Business Objectives

1) to permit Home Based Business as a means of promoting self-sufficiency and a sense of community.

2) to promote means of regulating Home Based Business that rely on managing impacts as well as regulating use.

Home Based Business Policies

2.2.1 Home Based Business shall be permitted as secondary to a principal residential use only;

2.2.2 Home Based Business shall not cause significant adverse impacts to adjacent properties or to the environmental quality of the island and shall be managed in cooperation with other agencies having jurisdiction through the regulation of screening, noise control, odour emission, traffic generation, water consumption and waste removal;

2.2.3 Regulation of the consequences of activity on any property should be applied uniformly without regard to the presence of home based business;

2.2.4 Parking of vehicles for the benefit of a home based business shall not interfere with the use and enjoyment of public roads or neighbouring properties;

2.2.5 Sales of craft items and other products made on the premises and the provision of services shall be permitted from the home. Products secondary to a service may also be sold from the home;

2.2.6 Direct sale of products manufactured elsewhere and/or not secondary to a service shall not be permitted at the vendor's home.

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2.3 AGRICULTURAL LAND USE

Background

In British Columbia, the Agricultural Land Commission Act established the Agricultural Land Commission to "preserve agricultural land, encourage the establishment and maintenance of farms and the use of land in an agricultural land reserve compatible with agricultural purposes". The Islands Trust endorses this protection and supports the intent of the Agricultural Land Commission Act.

As of 1992, North Pender Island had 44 parcels or 357.1 hectares (882.5 acres) of land in the Agricultural Land Reserve (B.C. Assessment Authority, 1992). Of these parcels, 26 are smaller than 8 hectares (20 acres) and 16 larger.

Farming has traditionally been an important activity on North Pender Island. Today, many of the original large farms have been subdivided into smaller parcels which are still viable for agriculture. The B.C. Assessment Authority recognizes 26 parcels as viable farms.

Agriculture is important to the community for its contribution to the quiet rural character of North Pender Island.

Agriculture Objectives

1) to recognize and protect the "right to farm" except as it may be limited by the need to preserve environmentally sensitive areas or as may be limited in rural residential areas. Where there is potential for conflict between agriculture and the environment, the Agricultural Land Commission shall be consulted.

2) to maintain the rural ambience of North Pender Island through protection of agricultural land.

3) to identify and protect land suitable for agricultural uses.

4) to encourage public organizations promoting agriculture.
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5) to encourage producers to supply a local food source.

6) to recognize that agriculture is a traditional and valuable activity on North Pender Island.

7) to support the economic viability of farms without compromising the agricultural land capability.

8) to maintain the long term potential for farming on North Pender Island and to preserve and protect agricultural land and necessary water supplies.

9) to limit the non-farm use of agricultural land.

10) to accommodate a level and type of residential use on agricultural land that is consistent with farming.

11) to protect farmland as a resource for agriculture, a source of heritage, and a distinct landscape defining the community.

12) to increase public awareness of farming practices and the importance of agriculture.

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Agriculture Policies

2.3.1 The "right to farm" shall be respected by not permitting land use on adjacent, or nearby properties that could adversely affect farming activities and by requiring buffers or setbacks on the adjacent properties;

2.3.2 Land suitable for agricultural use may be preserved in large parcels by:

a) transferring density from the agricultural parcel to another parcel,
b) transferring density from the agriculturally zoned portion of a parcel to another portion of the same parcel,
c) establishing a minimum parcel size in the agricultural zone;

2.3.3 Where land is in the Agricultural Land Reserve, a minimum parcel size shall only apply when that land is:

a) excluded from the Agricultural Land Reserve,
b) approved for subdivision within the Agricultural Land Reserve pursuant to the Agricultural Land Commission Act, Regulations thereto, or Orders of the Commission,
c) exempted by the Agricultural Land Commission Act, Regulations thereto, or Orders of the Commission,
or
d) considered in the transfer of development rights;

2.3.4 Collection of rainwater for irrigation purposes shall be encouraged;

2.3.5 Operators of farms shall be encouraged to avoid the use of pesticides and herbicides. If used, pesticides and herbicides should be applied in a manner that minimizes damage to adjoining and drainage areas.

2.3.6 Production methods should be selected to maintain soil quality and to ensure surface and groundwater recharge areas are not contaminated by agricultural activities;

2.3.7 Pre-purchase of crops, co-ops and local farmers markets shall be encouraged as a means to support the island farm economy;

2.3.8 Removal of soil suitable for agricultural purposes from a parcel shall be prohibited;

2.3.9 Roadside stands and small scale processing shall be permitted;

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2.3.10 Severance of agricultural land by linear developments, such as roads and utility corridors, shall be avoided wherever possible;

2.3.11 The Agricultural Land Commission (ALC) is encouraged to approve applications from property owners for inclusion of their land with agricultural potential into the Agricultural Land Reserve (ALR);

2.3.12 The Trust Committee may consider rezoning applications from property owners with productive agricultural land outside the ALR who wish to transfer their development potential to maintain their farm, provided the productive agricultural land is covenanted to reduce the subdivision and building potential of the land accordingly, and the property owner is encouraged to apply for inclusion into the ALR;

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2.3.13 The Trust Committee may support applications to the ALC for non-farm use, including agri-tourist accommodation, or exclusion of land within the ALR in situations where local farming or the greater community would benefit, and support for such applications should only be considered if the application falls into one of the following categories:

i) the proposed non-farm use would allow an active farm to diversify and broaden its income, but not decrease the farming capability of the land, and the proposed non-farm use or exclusion is consistent with local zoning or a land use designation or policy in this plan, or

ii) the non-farm use or exclusion of land is for essential community services, and if the location of the service is limited by engineering constraints, or by strategic considerations such as those that determine the best location for an emergency response station;

2.3.14 When it considers rezoning applications that are not related to farming, the Trust Committee will ensure the availability of water for farming would not be reduced because of a zoning change, and if a rezoning application would result in an increase in water use, the applicant may be required to provide qualified professional advice on the potential impacts on farming;

2.3.15 The Trust Committee requests the Subdivision Approving Officer to consider the effect of a proposed subdivision on farming, and if the proposed subdivision is within or adjacent to agricultural land, to require the applicant to provide an examination and report on the proposed subdivision to address any potential conflict with farming;

2.3.16 When it considers rezoning applications for land that borders agricultural land, the Trust Committee will ensure that zoning changes are not made in a way that would have a negative effect on farming development and the applicant may be required to provide qualified professional advice on the potential impacts on farming;

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2.3.17 Zoning changes should not be made to allow multi-family, industrial, institutional or commercial developments in the Agriculture designation except for agri-tourist accommodation which is accessory to a working farm operation;

2.3.18 Amalgamation of lots and limiting the subdivision of agricultural land shall be encouraged;

2.3.19 Sound environmental practices shall be encouraged in accordance with the publication entitled “Watershed Stewardship: A Guide for Agriculture” by the British Columbia Ministry of Environment, Lands and Parks and the federal Department of Fisheries and Oceans;

2.3.20 Physical barriers, including fencing and appropriate vegetation shall be encouraged to restrict access by farm animals to water courses;

2.3.21 The placement and removal of fill shall be regulated to protect the natural environment, including significant waterfowl habitat, and where possible, to preserve, maintain, and enhance soil for agricultural purposes.

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2.3.22 The Local Trust Committee may approve zoning changes that allow agri-tourist accommodation provided that:

(1) the use is accessory to working farm operations;
(2) the use is on agriculturally designated land that is in the ALR;
(3) Land Reserve Commission approval is received;
(4) the working farm will continue in operation and will not be adversely affected;
(5) potable water of sufficient quantity for both farming and non-farming use is available;
(6) sewage disposal facilities are suitable;
(7) on-site parking is adequate;
(8) the impact of increased traffic on adjacent roadways is considered;
(9) the environmental impact of the proposal is considered;
(10) and the impact on adjacent properties is addressed.

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2.4 FORESTRY LAND USE

Background

The forests of North Pender provide a scenic backdrop to many areas and contribute to the sustainability of wildlife, other natural vegetation and the maintenance of groundwater supplies. Most forested areas are on privately held lands. Voluntary stewardship is the primary means by which the forest cover can be preserved.

Forest related industry on the island is relatively minor. Sawmills on the island produce small quantities of lumber for local use and some trees are used for firewood. There are two managed forest units (MFUs) comprising 190.5 hectares (470.7 acres) on North Pender Island.

Forestry Objectives

1) to preserve and protect the forest ecosystems to sustain wildlife, natural vegetation and groundwater resources.

2) to preserve and protect the island's forested areas.

3) to encourage sustainable forest management practices.

4) to identify and preserve heritage landmark trees.

5) to protect natural vegetation along roadways.

Forestry Policies

2.4.1 Maintenance of adequate tree cover is necessary to protect the groundwater resource and to sustain wildlife and vegetation. Voluntary stewardship of forested areas by property owners is encouraged to protect these resources;

2.4.2 Property owners are encouraged to:

a) replant areas after logging with more than one ecologically indigenous suitable species before brush encroachment occurs;

b) ensure that adequate fire protection is available through development of:
i) strategies for slash abatement,
ii) adequate site preparation, suitable access, fire breaks and other strategies to prevent the spread of fire;

c) use practices for logging and access construction least damaging to soil and vegetation;

d) leave buffer strips along roads, trails, ocean front, streams, wetland and lake shores with widths being dependent on topography, aesthetics, wind conditions, tree size and species, density and other needs such as animal or bird habitat preservation;

e) minimize environmental and social impacts when transporting logs;

f) consider wildlife needs including habitat in integrated management plans;

g) protect watersheds and areas of botanical, geological, and archaeological interest;

h) avoid herbicides, pesticides or other toxic substances;

i) protect and preserve heritage trees and unique tree species, including but not limited to garry oak, arbutus, dogwood and juniper;

2.4.3 The use of forest areas as a means to screen and buffer adjacent land uses or to enhance the scenic qualities of the island shall be encouraged.

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2.5 PUBLIC SERVICE LAND USE

Background

North Pender is well served in facilities for health care, education, public protection, and community and social services. Most facilities are provided through the voluntary initiatives of members of the community.

Public Service Objectives

1) to ensure that North Pender Island is a healthy community with residents working together to improve the quality of life.

2) to facilitate public services that meet the social and physical needs of the community.

3) to support public facilities through efforts of community members.

4) to ensure that all public service facilities are accessible to all members of the community.

Public Service Policies

2.5.1 Preference shall be given to proposals for public service facilities that will be located close to the school and medical centre, the library, the Driftwood Centre and the fire stations;

2.5.2 Preference will be given to providing opportunities for extended care through home support services;

2.5.3 Development of recreational and cultural facilities to serve the needs of all groups within the island community, including people with special needs, is encouraged;

2.5.4 Adequate parking facilities shall be provided in any expansion of existing public facilities or in the development of new facilities;

2.5.5 Public service facilities shall be for the Pender Islands only;

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2.5.6 Land acquired or dedicated for public service use may be zoned for public service use within all land use designations.

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2.6 COMMERCIAL LAND USE

Background

The location of commercial-zoned properties on North Pender is due more to historical factors than to any deliberate planning efforts. In 1976, when the Official Community Plan came into effect, properties on which commercial ventures were already located were given commercial designation. At that time commercial activity was encouraged to locate next to existing commercial development at Hope Bay, Port Washington, and in an area within or adjacent to Magic Lake Estates. Development of a dominant core was not encouraged.

The Driftwood Service Centre incorporating a restaurant and some small retail space was selected as the site for the B.C. Liquor Store and the Post Office. A subsequent rezoning allowed for the addition of other stores.

Other commercial ventures that have developed since the mid-1970's include P.J.'s General Store, the Blackberry Lane complex and Southridge Farms.

The amount of tourist-commercial property has not increased since the mid-1970's. At present there are 8 such properties. In 1991 the number of accommodation units permitted per acre was reduced to prevent large scale resort developments. At present all tourist-commercial properties have not been developed to the maximum potential allowed under existing bylaws.

Commercial Objectives

1) to encourage on-island commercial enterprises and minimize reliance on off-island travel.

2) to provide opportunity for a variety of small scale commercial operations that will not degrade the environment.

3) to ensure that commercial development does not adversely affect rural character and lifestyle.

4) to protect the character and integrity of quiet residential and rural neighbourhoods.

5) to prevent strip development.

6) to ensure that commercial establishments provide adequate parking facilities.

7) to maintain the pattern of dispersed small scale tourist-commercial enterprises throughout the island.

8) to preserve heritage commercial buildings.

Commercial Policies

2.6.1 Commercial development shall be small scale, low density business enterprise designed to meet the needs of residents and visitors;

2.6.2 Priority will be given to new or additional commercial ventures in the following locations:

a) behind and to the south of the Driftwood Centre;
b) encompassing the remainder of the lot on which P.J.'s General Store is located;
c) the vicinity of Southridge Farm General Store and Pender Lumber on Port Washington Road;

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2.6.3 Commercial accommodation or retail commercial centres in the Agricultural Land Reserve will not be permitted except for agri-tourist accommodation which is accessory to a working farm operation

2.6.4 Tourist oriented or commercial recreational activity shall not be permitted on lands suitable for agriculture or in hazardous or environmentally sensitive areas;

2.6.5 Applications for commercial rezoning must prove adequate water supply and waste disposal capability for both present and projected needs;

2.6.6 Commercial proposals which would have significant deleterious effects on adjacent land uses will not be permitted;

2.6.7 Strip development of commercial businesses shall not be permitted;

2.6.8 Parking and storage areas should be suitably screened to maintain the rural character of the area;

2.6.9 Preservation of the store at Port Washington and the store at Hope Bay will be encouraged because of their heritage status;

2.6.10 Commercial campgrounds for the temporary accommodation of island visitors shall be permitted provided they reflect the rural character of the island.

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2.7 INDUSTRIAL LAND USE

Background

Five parcels of land on North Pender are currently zoned for industrial use.

Industrial Objectives

1) to encourage on-island industrial enterprises that do not adversely affect rural character and lifestyle.

2) to limit industrial development to specific areas of the island.

3) to prevent strip development.

4) to ensure that any industry is sited to minimize adverse effects upon neighbouring properties.

Industrial Policies

2.7.1 Industrial development which may have a deleterious impact on adjacent land uses will not be permitted;

2.7.2 Priority will be given to the following locations for new or additional industrial development:

a) the vicinity of the Highways Maintenance Yard on Port Washington Road;
b) the vicinity of the junction of South Otter Bay and Otter Bay Roads;

2.7.3 Industrial activity is not permitted in areas suitable for agriculture, or in hazardous or environmentally sensitive areas;

2.7.4 Applications for industrial rezoning must prove adequate water supply and waste disposal capability;

2.7.5 Strip development of industrial businesses shall not be permitted;

2.7.6 Industrial activity, parking and storage areas should be screened;

2.7.7 Marine industrial activities that would damage or adversely alter the foreshore shall be prohibited;

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2.8 OPEN SPACE, PUBLIC RECREATION AND FUTURE PARKS

Background

Scenic qualities provide a rural setting and pleasant pastoral views throughout North Pender Island. Voluntary stewardship of land is the primary means by which this feature of island living is maintained.

Public recreation amenities on the island include trails and foot paths, parks, a golf course, a disc golf course, school grounds, shoreline access and viewing areas. Some sites provide an opportunity to enjoy the natural environment while others provide more developed recreational facilities. Prior Park, the only Provincial Park on the island, provides 17 campsites on a 15.5 hectare (38.4 acre) parcel. Other parks may be obtained through land dedication at time of subdivision. These park sites are held by the Crown and can remain as natural areas in perpetuity; some may be administered by the Pender Island Parks and Recreation Commission as community parks.

Open Space, Public Recreation and Future Park Objectives

1) to retain a rural appearance through the preservation of agricultural lands, ecological reserves, parks and natural areas.

2) to facilitate retention of large parcels and promote voluntary stewardship of those lands in keeping with the rural character of the island.

3) to identify and protect ecological reserves and environmentally sensitive areas and promote ecological values.

4) to designate the location and type of future parks.

Open Space, Public Recreation and Future Park Policies

2.8.1 Preservation of land as open space, ecological reserves or natural areas will be supported through land use regulation, density transfer, increased lot size, development permit designation, use of restrictive covenants and by public acquisition through land dedication or conveyance to appropriate conservation agencies;

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2.8.2 Land acquired or dedicated as park may be zoned for park use within all land use designations;

2.8.3 Land dedicated as park land shall be maintained as ecological reserve or natural area (which may have walking trails) if the site provides a special natural feature, wetland characteristic, wildlife habitat, scenic or archaeological value;

2.8.4 Land dedicated as park land shall be maintained as community recreation park if the site is:

a) not appropriate for protection as an ecological reserve or natural area;
b) not of historic or archaeological significance;
c) contributing to a network of walking trails;

2.8.5 Community recreation parks shall be authorized by land use regulation following a public hearing;

2.8.6 Dedication of land for park purposes shall be required in the approximate locations identified in Schedule "D" at time of subdivision as authorized by provincial legislation;

2.8.7 Development of trails and creation of pedestrian and bicycle paths along a public right of way shall be encouraged;

2.8.8 The Ministry of Transportation and Highways shall be invited to allocate sufficient space within a road right of way to allow for the development of pedestrian and bicycle paths separate from vehicular traffic;

2.8.9 Development of regional parks or additional provincial parks shall not be supported unless in accordance with objectives and policies of this plan;

2.8.10 The Capital Regional District shall be requested to ensure that cash paid in lieu of park dedication at the time of subdivision on North Pender Island shall be administered for the benefit of North Pender Island.

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SECTION 3: SERVICES

BACKGROUND

Schedules "C" and "E" establish the approximate location and type of present and proposed servicing requirements in conjunction with the objectives and policies and other map schedules of this plan.

3.1 TRANSPORTATION SERVICES

3.1.1 Water Transport

Background

The principal water transportation system serving North Pender Island is the B.C. Ferry Corporation which maintains regular daily sailings from Otter Bay to Swartz Bay, Tsawwassen, Salt Spring, Galiano, Mayne and Saturna Islands. Water taxi services are available. North Pender Island secondary school students travel daily by water bus to the high school on Salt Spring Island or by ferry to Sidney.

There are three marinas - Otter Bay Public Marina, Port Browning Public Marina and Thieves Bay Marina for Magic Lake residents only -and several anchorages and sheltered bays. Public boat launching ramps are located at Hamilton Beach, Wallace Point and Thieves Bay and federal government wharfs are located at Port Washington, Browning Harbour and Hope Bay.

Fuel is delivered to a storage facility at the head of Port Browning Harbour. Bulk sand and gravel and occasional special cargoes are also delivered by barge to Hamilton Beach.

Water Transport Objectives

1) to facilitate water transportation services and private marine craft access.

2) to restrict any future public marina expansion to public use.

Water Transport Policies

3.1.1.1 The B.C. Ferry Corporation shall be requested to:

a) provide an adequate level of service for the needs of residents; and
b) ensure that expansion of ferry services follows, rather than anticipates, demand;

3.1.1.2 One dock location for fuel barge or tanker traffic shall be permitted and must meet provincial and federal environmental safety standards;

3.1.1.3 Future public marina expansion shall be for public use only;

3.1.1.4 Expansion of government dock areas will not be supported;

3.1.1.5 Adequate parking must be provided for boat launching facilities;


3.1.1.6 Permanent anchoring of floating camps or houseboats and residential use of any vessel moored or beached except for one marina caretaker residence shall not be permitted.

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3.1.2 Air Transportation

Background

Several aircraft landing sites including a private grass airstrip provide access to North Pender Island. A commercial service operates from Bedwell Harbour on South Pender on request. Float planes can also berth at Port Browning, Hope Bay, Port Washington, Thieves Bay, Shingle Bay and Otter Bay. A helicopter pad equipped with night lighting adjacent to the private airstrip is used by the B.C. Air Ambulance Service.

The air space above North Pender Island is part of a major flight corridor regulated by Transport Canada for aircraft travelling between Victoria and Vancouver.

Air Transportation Objectives

1) to ensure safe and convenient access by air;

Air Transportation Policies

3.1.2.1 The establishment of a second emergency helicopter night landing pad will be supported;

3.1.2.2 Expansion of the existing private airstrip is not considered compatible with the rural character of the island;

3.1.2.3 Expansion of wharves to allow for additional moorage space for float planes will not be supported.


3.1.3 Road Transportation

Background

The Islands Trust has an agreement with the Ministry of Transportation and Highways regarding road standards.

There are school bus and taxi services in operation on-island.

Road Transportation Objectives

1) to protect the scenic beauty and rural character of the island's roadways.

2) to minimize the impacts of new roads on the rural character of the island.

3) to provide safe transportation routes that do not invite excessive speed.

4) to ensure safe access for emergency vehicles.

5) to create safe paths for pedestrians and cyclists.

6) to protect roads having heritage value.

Road Transportation Policies

3.1.3.1 The major road pattern shall be as shown on Schedule "E".

3.1.3.2 Island roads should conform to the natural contours of the land;

3.1.3.3 Traffic safety should be controlled by limiting speed and not by wider straighter roads;

3.1.3.4 Development of a network of pedestrian walkways, cycling paths and trails and public beach accesses will be supported;

3.1.3.5 As much roadside vegetation as possible should be retained;

3.1.3.6 A second access to Magic Lake Estates should be constructed;

3.1.3.7 Reduction of speed limits on roads designated for scenic/heritage value will be requested;

3.1.3.8 New roads shall not fragment environmentally sensitive areas.

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3.2 WATER SYSTEMS

Background

North Pender has an average annual precipitation of approximately 75 cm (30 inches), 90% of which occurs in winter months. Quantity and quality suffers at other times.

There are two Water Improvement Districts on North Pender Island. Buck Lake is a treated domestic water source for Magic Lake Estates. When full development of this subdivision occurs, Roe Lake and Magic Lake will be required as additional water sources.

There are approximately 900 private water systems/wells on this island of 2728 hectares (6742 acres) that have the capacity to produce an average of 2045 litres/day (450 gallons/day). Alternative water supply systems, such as the two private residential desalination systems and the collection and storage of rainwater are also in use.

Water Systems Objectives

1) to ensure adequate quantities of potable water are available before subdivision is approved.

2) to support public education on water use and conservation.

3) to encourage alternative means to supply on-island drinking water.

4) to ensure water is available for fire fighting purposes.


Water Systems Policies

3.2.1 The Trust Committee shall:

a) support a combination of local water supply systems;
b) support water conservation and education programs;

3.2.2 Sources of drinking water shall be protected through regulation;

3.2.3 Use and setbacks of buildings and other improvements shall be regulated to protect wells;

3.2.4 The quality of domestic water supplies and community water systems should be monitored regularly. Use of water saving devices is encouraged;

3.2.5 The Ministry of Environment, Lands and Parks shall be encouraged to:

a) monitor the quantity and quality of water supplied from the groundwater systems;
b) administer well drilling activities and the tapping of watershed and aquifer resources;
c) establish limits on the number of wells authorized in relation to known water supply volumes;

3.2.6 Not less than 2045 litres/day/lot (450 gallons/day/lot), shall be proven available prior to subdivision approval or the issuance of building permits;

3.2.7 Storage of rainwater to supplement water supply for household use, fire protection and irrigation is encouraged;

3.2.8 To reduce the risk of flood damage, all buildings shall be situated in accordance with provincial standards.

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3.3 WASTE DISPOSAL

3.3.1 Sewage Disposal

Background

Sewage is disposed of through systems which conventionally include septic tanks and disposal fields. The Magic Lake Treatment Facility is the only engineered system on North Pender Island. This system involves sewage treatment, an ocean outfall, and sludge disposal. A dug pit on the Ross-Smith Ltd. property is used to dispose of sludge from the Magic Lake treatment facility as well as content from private residential and commercial septic tanks.

Sewage Disposal Objective

1) to ensure that sewage disposal facilities do not contaminate groundwater or other drinking water sources.


Sewage Disposal Policies

3.3.1.1 To promote public education about sewage disposal systems;
3.3.1.2 The Medical Health Officer shall be requested:

a) to encourage alternative sewage treatment methods that minimize water consumption;
b) to assess suspected contamination problems;
c) to permit reuse and separate disposal of grey water;

3.3.1.3 Disposal of secondary treated sewage effluent through ocean outfall shall only be permitted when it is determined that the waters have adequate flushing to receive the effluent without detriment to the foreshore or marine environment;

3.3.1.4 An alternative site for disposal of sludge or untreated effluent shall be encouraged.


3.3.2 Solid Waste Disposal

Background

Solid waste produced on North Pender Island is disposed of by collection and landfill, incineration, composting and recycling. A private contractor serves approximately 250 properties and disposes of garbage at the Hartland Landfill on Vancouver Island.

Incineration of household garbage, cleared vegetation and other combustible waste materials is a common practice on North Pender Island.

Solid Waste Objectives

1) to ensure environmentally safe disposal of solid waste.

2) to encourage public education on waste reduction, recycling and safe methods of disposal.

Solid Waste Policies

3.3.2.1 The recycling depot and any site for storage or dumping of solid waste shall be managed in compliance with the Ministry of Environment, Lands and Parks standards;

3.3.2.2 The establishment of an island location where waste can be taken for recycling or disposal shall be encouraged;

3.3.2.3 Dumping of hazardous and toxic wastes on North Pender Island is prohibited;

3.3.2.4 Efforts shall be pursued to enhance education about reducing, reusing and recycling and protection of the environment through responsible waste management and consumer practises;

3.3.2.7 Chipping, mulching and composting of natural debris is encouraged.

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SECTION 4: RESOURCES


4.1 ENVIRONMENTAL RESOURCES

Background

Island residents have a role in stewardship of the island and expect visitors and senior levels of government to collaborate in the long term sustainability of its environmental resources. "Coastal Areas" are identified on Schedule "B" but other environmental resource categories must be identified through further research.

Environmental Resources Objectives

1) to protect, and encourage awareness of, the environmental resources of the trust area.

2) to protect groundwater resources.

3) to ensure that land uses permitted by regulation are respectful of the island's environmental sensitivities.

4) to protect development from hazardous conditions.

Environmental Resources Policies

General Policies

4.1.1 To support private individuals, community groups and government agencies promoting awareness of environmental resources and the means for their protection;

Surface and Groundwater Resources

4.1.2 Situation of structures shall be regulated to protect wetlands and watercourses;

4.1.3 Watersheds, wetlands, creeks and groundwater recharge areas shall be protected through regulation of land use;

4.1.4 Ponds for water storage are supported provided that there will be no adverse impact on natural water courses or nearby surface water supplies;

4.1.5 Development which may pollute or exhaust surface or ground water resources shall not be permitted;

4.1.6 The Trust Committee encourages the regulation of groundwater use by:

a) licensing and well drilling permits; and
b) monitoring water quality and quantity;


Coastal Areas

4.1.7 Ocean vistas may be protected by regulation;

4.1.8 All uses of the foreshore, land below water and waters within 300 metres (984.25 feet) of the natural boundary of the island shall be regulated by zoning;

4.1.9 All offshore reefs and islets shall remain free of any development of structures other than aids to navigation;

4.1.10 All tidal and coastal fresh water marshland shall be retained in its natural state;

4.1.11 Marshes, bluffs and other natural features along the coast shall be protected from erosion, pollution and impacts of development by:

a) ensuring that any use of the foreshore does not result in permanent damage to natural features;
b) encouraging use of community docks or multi-user docks; and
c) ensuring that waterfront development is sufficiently setback to permit natural erosion and accretion processes to occur without endangering structures;

4.1.12 Maintenance of public access and the right to recreational use of the foreshore shall be protected;

4.1.13 Filling, deposit, or excavation of materials on the foreshore except for protection of one's property from erosion is prohibited;

4.1.14 Aquaculture shall be subject to the public process of rezoning;

4.1.15 No structures, including boathouses, shall be permitted in coastal and foreshore areas unless an environmental impact assessment indicates there is no disruption to natural coastal processes;

Environmentally Sensitive Areas

4.1.16 Areas identified as environmentally sensitive to development because of habitat values, unique vegetation, surface and groundwater characteristics, scenic values or capability for agricultural production may be protected by regulation;

Hazardous Areas

4.1.17 The Trust Committee shall uphold fire protection standards in subdivision servicing regulations;

4.1.18 Areas identified as hazardous may be subject to development permit designation.

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4.2 MINERAL AND ENERGY RESOURCES

Background

North Pender Island is composed of sedimentary rocks laid down approximately 80 million years ago in the Cretaceous Period. The geology consists of three distinct layers: Upper Cretaceous sandstone, shale and conglomerates of the Nanaimo group.

The only known mineral occurrence on North Pender island is an old quarry, located at Hope Bay, which produced sandstone in 1896. There are no known sand and gravel deposits that are suitable for extraction; sand and gravel is imported by barge.

The Ministry of Energy, Mines and Petroleum Resources, mandated to administer mineral, aggregate and energy resources under the Mines Act, Mineral Tenure Act, Petroleum and Natural Gas Act and the Coal Act, is responsible for the reclamation, permitting, inspection and safety of sand and gravel operations. Mineral potential on North Pender Island is considered by the Ministry of Energy, Mines and Petroleum Resources to be low. There are no coal, mineral, placer or petroleum/natural gas tenures nor has any assessment work been recorded.

Mineral and Energy Resource Objectives

1) to encourage conservation of energy and use of renewable energy resources.

Mineral and Energy Resource Policies

4.2.1 The moratorium on oil and gas exploration in the Trust Area is supported;

4.2.2 The Ministry of Energy, Mines and Petroleum Resources shall be requested to establish a reserve on the whole North Pender Island Local Trust Area against exploration for mineral or petroleum resources;

4.2.3 Conservation of energy and the use of renewable resources such as windmills and solar panels shall be encouraged;

4.2.4 Educational and informational programs on energy conservation shall be encouraged.

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4.3 HERITAGE RESOURCES

Background

Pre-1860 Heritage Features

Archaeological evidence indicates that North Pender was occupied by aboriginal people on a seasonal basis as early as 6000 years ago. Evidence of early settlements includes midden deposits, lithic scatters, hearths, postholes and remains of stone, bone and shell tools and ornaments.

Archaeological sites are found on many foreshore areas and in at least one area inland. A midden, (now excavated) known as the Canal Site, is designated a heritage site by the Provincial Government.

Archaeological sites, as defined in the Heritage Conservation Act, are protected and officially recognized.

Post-1860 Heritage Features

North Pender was first settled by Europeans in 1878. The earliest buildings still in use are homes built by Washington Grimmer and Lawrence and James Auchterlonie more than 100 years ago. None of these have been officially designated.

Natural Heritage Features

Natural landscape features of cultural or historical significance include orchards, gardens and parks, old growth or heritage trees, trails, and roads.

Heritage Resource Objectives

1) to encourage identification, protection and conservation of archaeological sites, early settlement and natural heritage features on North Pender Island.

2) to increase public awareness of heritage resources.

Heritage Resource Policies

4.3.1 Heritage resources should be designated for protection;

4.3.2 The Archaeology Branch of the Ministry of Small Business, Tourism and Culture shall be notified of any development proposals concerning areas on which archaeological sites are located;

4.3.3 Protection of heritage sites under the Heritage Conservation Act will be supported;

4.3.4 Programs to support education and awareness of heritage resources will be encouraged;

4.3.5 The use of voluntary conservation covenants to protect heritage features will be encouraged;

4.3.6 Development will not be permitted in areas with known archaeological sites without first undergoing a full archaeological assessment in consultation with the Archaeology Branch of the Ministry of Small Business, Tourism and Culture;

4.3.7 To reduce the rate at which erosion is occurring near the Canal Site, the Canadian Coast Guard will be requested to lower and enforce the speed limit through the canal separating North and South Pender.

4.3.8 Notwithstanding other policies of this plan, when the Trust Committee is of the opinion that a dwelling of heritage value exists on a property, it may consider implementation of a zoning regulation that would allow for an additional dwelling on the property rather than creation of a situation where destruction of the heritage building would be required in order to allow the construction of a new dwelling.

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SECTION 5: DEVELOPMENT PERMITS

An Official Community Plan may designate areas as Development Permit Areas for the:

(a) protection of the natural environment;
(b) protection of development from hazardous conditions;
(c) protection of Provincial or municipal heritage sites under the Heritage Conservation Act;
(d) revitalization of an area in which a commercial use is permitted, if the area has been designated for that purpose by the minister; or
(e) establishment of objectives and the provision of guidelines for the form and character of commercial, industrial, or multi-family residential development.


The plan describes special conditions or objectives that warrant the Development Permit Area designation and outlines relevant guidelines.

Development Permit Objective

1) To consider the establishment of Development Permit Designations as a subsequent amendment to this plan.


SECTION 6: TEMPORARY COMMERCIAL AND INDUSTRIAL PERMITS

An Official Community Plan may designate areas where temporary commercial or industrial uses may be allowed. A temporary permit may, notwithstanding a zoning bylaw, allow a commercial or industrial use, permit the construction or use of buildings or structures to accommodate persons who work at the commercial or industrial enterprise in respect of which the permit is issued and specify conditions under which a temporary commercial or industrial use may be carried on. A permit may be issued for a period of up to two years and may be renewed only once.

Temporary Commercial and Industrial Permit Policies

6.1 The North Pender Island Trust Committee may issue Temporary Commercial and Industrial Use Permits for any area covered by this plan, except for areas within the Agricultural Land Reserve.

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SECTION 7: ADMINISTRATION/IMPLEMENTATION


7.1 RESPONSIBILITY

The North Pender Island Trust Committee shall administer the provisions of this bylaw.

7.2 IMPLEMENTATION

Section 949 of the Municipal Act specifies that:

"An official community plan does not commit or authorize a municipality, regional district (includes a local trust committee pursuant to Section 27 of the Islands Trust Act) or improvement district to proceed with any project that is specified in the plan."

and

"All bylaws enacted or works undertaken by a council, board or greater board (includes a local trust committee pursuant to Section 27 of the Islands Trust Act), or by the trustees of an improvement district, after the adoption of an official community plan shall be consistent with the relevant plan."

Once the Official Community Plan is adopted, a number of steps are available to the Trust Committee for implementation of the policies and recommendations including:

Consultation With the Public

Initiatives by individuals and community groups to become aware of and to enact provisions of this plan are the most effective means to implement solutions to issues of concern.

Regulatory Bylaws

Regulatory bylaws shall include provisions reflecting the policies of this plan for:

a) regulating the use of land, buildings and structures;
b) regulating the density of the use of land, buildings, and structures;
c) the siting, size and dimensions of buildings and structures and uses permitted on the land;
d) the location of uses on the land and within buildings and structures;
e) the shape, dimensions, and area of parcels of land that may be created by subdivision;
f) establishment of different density regulations for a zone, one generally applicable for the zone and the other or others applicable if certain amenities and or affordable or special needs housing are provided either by agreement or by zoning designation;
g) off-street parking and loading spaces;
h) drainage;
i) signs;
j) screening;
k) flood plain elevations when approved by the Ministry of Environment, Lands and Parks;
l) subdivision servicing requirements.


Development Permits

Upon completion of Development Permit designations within Section 5 of this plan, land within the designated area shall not be subdivided; construction of, addition to or alteration of a building or structure shall not be commenced; land, or a building or structure on a Provincial heritage site shall not be altered; and land, or a building or structure located on land that is designated as a revitalization of an area in which a commercial use is permitted shall not be altered unless the owner first obtains a development permit or is exempted under a condition of the plan that specifies when a development permit would not be required.

Other Permits

The Trust Committee may review permit applications for temporary commercial and industrial permits, development variance permits, and tree cutting permits where policies and bylaws allow for these procedures.

Covenants

The Trust Committee may enter into voluntary covenants with property owner(s) registered on the title to the land.

Consultation With Other Government Agencies

Coordinated efforts with other government agencies include review of applications referred in relation to this plan and regulatory bylaws, advising agencies of the policies that exist within this plan and by developing agreements that assist in their implementation.

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7.3 AMENDMENT PROCEDURE

This Bylaw may be amended by the North Pender Island Trust Committee at its initiative or in response to an application. Individuals seeking amendment shall submit applications in the form provided for in the bylaws of the trust committee.

Where an application for amendment of this bylaw has been denied, any application for the same amendment shall be considered pursuant to regulatory bylaws addressing fees and procedures.


7.4 REVIEW

The Trust Committee may initiate a review of the Community Plan at any time. The plan should be reviewed in its entirety at least every five years from the adoption date.

7.5 INTERPRETATION

1) The final interpretation as to the precise location of boundaries of any designation or symbol contained in the map schedules, except for development permit and temporary use permit designations, shall be legally defined by the appropriate regulatory bylaws or by site survey as required.

2) Symbols or designations used in the map schedules, except for development permit designations or temporary use permit designations indicate approximate locations of existing or proposed activities, uses or features.

3) In interpreting the objectives and policies of the Plan, the term "shall" denotes that the indicated measure must be taken or applied. The term "should" or "may" indicates that the suggestion is intended as a guideline.

4) Throughout the Plan, the words listed below shall be defined as follows:

Foreshore - The area between the high and low water mark of tidal water.

Island - North Pender Island and any additional area that this Plan applies to as defined by Section 2 of this Bylaw.

Multi-Dwelling Unit Housing - A building consisting of three or more self-contained dwelling units.

Official Community Plan - A community plan adopted pursuant to Part 29, Division (1), Section 948 of the Municipal Act.

Park - Park land acquired through dedication of land at time of subdivision, donation or by purchase through a community parks function of a regional district unless otherwise specified in this Bylaw.

Plan - An Official Community Plan adopted for North Pender Island.

Public Service Use - The use of land, buildings, and structures for religious worship, cemeteries, publicly funded schools, medical facilities, community halls, recreation and cultural facilities, care facilities, libraries, firehalls, police stations, recycling stations and services provided directly by the Federal and Provincial Governments but excluding any service provided by a Crown Corporation or its representatives.

Trust Committee - The North Pender Island Trust Committee.

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