LAKESHORE DEVELOPMENT GUIDELINES

Transcription

1 LAKESHORE DEVELOPMENT GUIDELINES Adopted June 24, 2004 Amended February 7, 2013

2 TABLE OF CONTENTS 1.0 INTRODUCTION LAKES CLASSIFICATION SYSTEM LAKESHORE DEVELOPMENT GUIDELINES INTENT PURPOSE GUIDING PRINCIPLES AREA OF INFLUENCE POLICIES AND GUIDELINES SITE DEVELOPMENT Background Site Development Policies Site Development Guidelines PUBLIC ACCESS Background Public Access Policies HAZARD PROTECTION Background Hazard Protection Policies Hazard Protection Guidelines INFRASTRUCTURE Background Infrastructure Policies Infrastructure Guidelines Page (i)

3 4.5 LAND USE Background Land Use Policies EDUCATION Background Education Policies IMPLEMENTATION ZONING COVENANTS CO-OPERATION WITH OTHER AGENCIES EDUCATION DEVELOPMENT APPROVAL PROCESS STEP STEP STEP STEP STEP FREQUENTLY ASKED QUESTIONS APPENDICES Appendix A Appendix B Appendix C Appendix D References Lakes Classification Lakes Classification Methodology Lake Index Page (ii)

4 1.0 INTRODUCTION The Thompson Nicola Regional District initiated the preparation of the Lakeshore Development Guidelines in response to current and anticipated increase of lakeside residential and commercial development. The lakeside area is recognized as both an extremely valuable asset and a highly sensitive zone requiring careful development and ongoing management. The lakeside is also an area encompassing multiple interests which have been considered including forestry, agriculture, tourism, First Nations, various government agencies, the land development industry, community associations, environmental organizations and other interest groups. In association with 1991 Lake Study Policy Statement and Zoning Bylaw No. 940, the Lakeshore Development Guidelines are intended to improve the TNRD s ability to handle the growing development pressure on TNRD lakes. With regards to the relationship between associated documents, the existing Lakes Study Policy Statement determines lakes that are suitable for development and how much development is permitted. The Lakeshore Development Guidelines sets out acceptable standards and approvals criteria for new development while the TNRD Zoning Bylaw No. 940 establishes permitted uses and mandatory development characteristics. These three documents are the tools to provide sound stewardship of the lake resource in the Thompson Nicola Regional District. The contents of the Lakeshore Development Guidelines are based largely in response to issues identified through public consultation, and input from government agencies, interest groups, TNRD staff and board members. The assistance of agencies, organizations and individuals was invaluable. The topic of lakeside development attracts a great deal of attention and heated debate as to how lakes should be managed. The fundamental premise of the Lakeshore Development Guidelines is that lakeside development, if done in the right location, if it meets high development standards, and if the property is carefully managed over time can provide new recreational development opportunities that meet environmental quality goals. To achieve this, the guidelines have been prepared with the intent of focussing on the most critical factors for development based on the issues assessment and the cumulative experience of other agencies and organizations who are providing successful leadership in managing development at the lake edge. Page 1

5 2.0 LAKES CLASSIFICATION SYSTEM Lakes within the TNRD have been classified based on the 1991 Lakes Study Policy Statement and have been designated under one or more of the following categories: Wilderness Lakes - those lakes with no development, and generally no motorized access although rudimentary access may exist; however, there is an absence of near shore logging. Natural Environment Lakes - those lakes with negligible development, limited near shore logging and access; significant sportfish values, waterfowl and ungulate capabilities; General Use Lakes - those lakes that are generally used for public recreation, with some private development; Development Lakes - those lakes that can withstand a variety of uses including extensive public recreation and private development; Critical Lakes - those lakes which are at a critical point in their evolution and should have no further development; Special Case Lakes - those lakes that require special management guidelines. Background information pertinent to these classifications is provided in Appendix B (Lake Classifications) and Appendix C (Lake Classification Methodology) as outlined in the 1991 Lakes Study Policy Statement. An index of lakes is provided in Appendix D (Lake Index). As part of the 1991 Lakes Study Policy Statement, each lake was assigned a carrying capacity" (see Appendix C). The capacity ratios and allowable percentage of shoreline development are indicated in the following chart. Page 2

6 Lake Classification* Allowable Capacity Ratios per Hectare of Water Surface Allowable Percentage of Shoreline Development General Use Lakes.50 units/ha Up to 20% of perimeter General Use - Developed Lake Subclass No further development No further development Development Lakes.67 units/ha Up to 35% of perimeter for lakes less than 800 ha; 50% for lakes over 800 ha Development Lakes - Developed Subclass No further development No further development Natural Environment Lakes.25 units/ha Up to 5% of perimeter Critical Lakes No further development No further development Wilderness Lakes No further development No further development Special Case Lakes Lake Management Plan required Lake Management Plan required * Lake Classifications are defined in greater detail in Appendix B and C This document provides guidelines for development within one (1) kilometre of the lakeshore and provides information on the TNRD s Lake Classification System. It is important to note that classifications on lakes will likely change over time. As development occurs on the lakeshore, lake classifications may require amendment in accordance with the level of development on the lake. When re-classifications are proposed, the proponent will be responsible for preparation of a lake impact assessment and classification recommendations recognizing that final determination of classification rests with the Board of Directors of the TNRD. Page 3

7 3.0 LAKESHORE DEVELOPMENT GUIDELINES INTENT 3.1 Purpose The purpose for the Lakeshore Development Guidelines is to ensure lake resources in the TNRD will be available for the use and enjoyment of future generations. This will be achieved through high quality development that preserves the integrity of shoreland and maintains the environmental attributes of lakes. The guidelines have been prepared with the recognition that each lake and development site is different and no one size fits all. The guidelines should therefore be viewed as a baseline of standards that to a degree are considered flexible providing development proponents can demonstrate that policy objectives will be achieved. In particular, qualified professionals engaged in larger scale multiple lot developments may propose guideline alternatives or variations providing that acceptable development standards are achieved to the satisfaction of the TNRD. The guidelines are not intended to conflict with existing provincial or federal policy regulations and where this may occur the guidelines shall be superseded. 3.2 Guiding Principles 1. Protect the Environmental Quality of Lakes The TNRD recognizes the environmental importance of our lakes and will seek ways to protect the riparian, visual/scenic and water quality values. 2. Retain Access to Resources Resource extraction is an integral part of the BC economy and development sites shall be carefully selected to protect access to forest, agricultural, mineral and recreation resources. 3. Promote a Collaborative Approach The TNRD is committed to an appropriate and balanced level of development that will benefit all stakeholders including the development community, lake users, agencies, and First Nations. The intent of the process is to work together towards solutions. Page 4

8 4. Develop and Implement Clear and Appropriate Regulations By creating policies and guidelines that are easy to understand, the TNRD will avoid confusion and misunderstandings that can negatively impact our lakes. 5. Protect Lake Users and Development from Hazardous Conditions Steep slopes, unstable soils, wildfires and floods can threaten development, impact the environment and compromise safety. Measures will be implemented to minimize exposure to hazardous conditions. 6. Preserve Cultural and Heritage Values Cultural and heritage values are an important part of our history. Development sites will be managed to avoid areas of archaeological and cultural significance. 7. Maintain and Where Possible Enhance Public Access Lakes are a public resource; and public access will be maintained and enhanced where possible. 8. Promote Sustainable Lake Management Practices Through Stewardship and Awareness Programs Understanding the importance of our lake resource and ways to preserve lakes from detrimental development impacts will be important to the ongoing stewardship of this valuable resource. The TNRD will promote awareness about shoreline friendly practices and lake preservation. 9. Ensure Consistency With Other Planning Documents The Lakeshore Development Guidelines shall be consistent with other higher level or compatible planning documents wherever practical (i.e., Ministry of Forests Lakeshore Harvesting Plans, Land and Resource Management Plans, etc.). Page 5

9 10. Encourage Economic Development and Diversification High quality lakeside development represents economic growth opportunities for the TNRD including construction, employment, tourism, and trade for existing businesses and service centres. 3.3 Area of Influence The Lakeshore Development Guidelines shall apply to all lakeside area within one (1) kilometre from the lake shoreline. Page 6

10 4.0 POLICIES AND GUIDELINES 4.1 Site Development Background Wildlife Habitat Wildlife habitat can be degraded by existing and future shoreland development. Contributing factors to shoreline sensitivity include: Intensive Use by Wildlife 80% of all wildlife in BC utilizes shoreline areas sometime during their life. Shorelines support many kinds of wildlife, including species at risk; 60% of BC s land based vertebrates-at-risk use shoreline areas for all or part of their habitat needs (Living by Water). A United States Forest Service study found that there can be as much as 500% greater species diversity in the shoreline area than in adjoining uplands (Shoreland Restoration, University of Wisconsin). Shoreland Uniqueness Shoreland areas provide a unique ecological zone that is required for certain plant and animal species. Many species depend on shoreland habitat for breeding, foraging, hunting, fishing, and other essential uses. Fish Habitat Fish habitat can be severely impacted by existing and future shoreland development that alters natural conditions along and within the water s edge. Shallower areas around the shoreline are very important for fish particularly species at risk because this is where many of them obtain their food, lay their eggs and spend their first weeks of life. Smaller lakes are particularly sensitive fish habitat as a small disturbance in the balance of a small lake can have a huge impact on its whole ecosystem. Potential fish habitat problems generally pertain to two major factors: Vegetation Removal or Alteration Food supply and water temperature are directly affected by the removal of natural vegetation. Loss of New and existing development can result in an increase in surface runoff, sedimentation, erosion, and the leaking of sewage effluent and toxic chemicals. Page 7

11 Wetlands The protection of wetland areas surrounding lakes and within the lake watersheds is critical to both fish and wildlife habitat as well as to improving the quality of water flowing into lakes. Wetland areas can be negatively impacted by new development including draining or filling, altering drainage patterns and encroaching on wetland edges. Erosion and Sedimentation Excessive sedimentation in lakes and streams can reduce or destroy aesthetic and practical values for recreation, wildlife and fish habitat and water supply. Existing and future development can be a major source of erosion and sedimentation problems. Fundamental considerations in erosion and sediment control include: Retain Vegetation Protect and maintain existing shoreland vegetation. Effective vegetation management is a major deterrent to soil erosion because it shields the soil from raindrop impact and decreases flow velocity by increasing flow friction. Root systems increase soil porosity thereby permitting greater water infiltration and reinforcing soil mass. Careful Site Planning Careful site planning which preserves the natural vegetation wherever possible, limits clearing and grading to the minimum necessary to accommodate construction and re-establishes good cover following grading is the most effective method of controlling erosion and sedimentation. Runoff Management Site development grading including roads and parking areas can be designed to divert runoff to vegetated areas capable of holding runoff versus more direct discharge to the lake. Runoff should also be diverted away from denuded areas. Construction Management Limiting the exposure time of unprotected graded areas and revegetating disturbed areas as quickly as possible can help mitigate potential erosion and sedimentation. Page 8

12 Source: Living By Water Scenic Values Visual impressions of the lake and surrounding landscape have a major impact on resident and public user experience as well as property values. Although aesthetic values differ from person to person and preferences will vary the retainment of the natural landscape, character is of benefit to everyone. Visual considerations for existing and future development include: Critical Zones The two most sensitive and critical visual landscape lines to be protected are the tree line/horizon line and the shoreline. Viewshed Conflicts The lake viewshed is significantly impacted by various land uses including logging, mining, utility corridors and road construction which occur beyond the shoreland management area. Existing Vegetation The visual absorption capability of a lake in terms of development impact is largely determined by the character of existing vegetation. Lakes with minimal shoreland tree cover are especially sensitive to development. Page 9

13 Vegetation Loss of vegetation due to development is inevitable. However, it is possible to reduce and minimize the amount of tree and understorey removal for the benefit of developers, home buyers and the general public. Vegetation retention is one of the most effective methods for maintaining the environmental integrity of the shoreland resource. The value of vegetation retention includes: Soil Stabilization Roots hold soil and help stabilize slopes. Vegetation helps protect water quality by filtering out nutrients and pesticides that could otherwise reach a lake or stream. Microclimate Trees provide shade and help moderate weather extremes such as strong winds and hot sun. Buffers Visual and audio buffers are provided by the retention of natural areas. Source: Living By Water Page 10

14 4.1.2 Site Development Policies.1 Shorelines shall be maintained in a predominantly natural state with tree cover and ground vegetation as development occurs..2 Where new development sites lack existing tree cover and understorey, a development plan including landscaping of the shoreland shall be required that promotes native and low water consumptive plant varieties..3 Development shall retain and conserve natural features including wetlands, rock outcrops, waterfalls, streams, islands, and other features contributing to the natural character of the site and surrounding area..4 Development shall minimize site disturbance during construction including the consideration of erosion and sediment control needs..5 Development shall be designed at a level of density and site coverage compatible with the physical capabilities of the shoreland and water body..6 The location of new shoreland subdivisions shall be assessed on the basis of site suitability, environment, and socio-economic impacts in the context of the entire lake..7 Site selection and development shall consider the impacts and compatibility with existing and future land use and resource activities..8 Infill development will be encouraged as an extension of existing development where feasible. Page 11

15 .9 Linear waterfront development (consisting of individual dwellings situated along the shoreline) and back lot development (consisting of individual dwellings within the lakeshore designation without water frontage) are both considered acceptable residential development forms..10 Cluster designs shall be encouraged and density bonusing may be considered in conjunction with higher servicing standards and site conservation initiatives where applicable. Servicing standards and the relationship to minimum parcel size are addressed in Section 4.4. Cluster Layout Conventional Layout.11 Private roads accessing shoreland lots are to be designed with aesthetic considerations in mind including minimal tree removal, unobtrusive cuts and fills, alignments that follow contours, and other design elements resulting in road construction that is well suited to the landscape and maintains visual qualities..12 Nutrient input from outside sources (i.e. resource use, sewage disposal, erosion and sedimentation, etc.) shall be recognized as a contributing factor to lake water quality and collaborative initiatives to minimize non-point pollution shall be pursued. Page 12

16 .13 The development proponent shall submit all plans and drawings necessary to accurately represent the extent of site changes including but not limited to building locations, roads and parking, site servicing, grading and vegetation removal. The TNRD may request supplementary drawings and reports as needed to determine development impacts..14 Subdivision and recreational community designs shall incorporate best management practices as identified in: a) Department of Fisheries and Oceans, Land Development Guidelines for the Protection of Aquatic Habitat b) Province of BC, Stewardship Bylaws A Guideline for Local Government and Stream Stewardship A Guide for Planners and Developers c) Living By Water Project, On The Living Edge Your Handbook for Waterfront Living d) National Fire Protection Association (NFPA) Standards, 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting and 1144 Standard for Protection of Life and Property from Wildfire..15 Wildfire management shall be considered at the planning stage for lakeside subdivisions including escape plans, fuel management, water supply and hydrant systems..16 Wildlife movement corridors and sensitive habitat areas shall be identified and accommodated at the planning stage of lakeside subdivisions..17 A storm drainage management plan shall be prepared for lakeside subdivisions and potentially include detention ponds, cut-off ditches and the establishment of new wetland areas Site Development Guidelines Sitework.1 Minimize paved and other hard surface areas and use permeable paving materials that allow for precipitation to filter into the ground..2 Use shrubs or water bars to redirect site drainage to avoid direct and rapid flow of surface drainage to the lake. Page 13

17 .3 All road or path stream crossings should be at right angles to the stream..4 Surface drainage should be managed so as to avoid direct discharge into the lake and to maximize stormwater detention..5 Avoid the use of retaining walls at the water s edge and introduce more natural treatment including rocks and plantings set into a stable slope (2:1 maximum)..6 Avoid creation of an artificial sand beach..7 Avoid dredging or filling when constructing a dock, deck or other shoreline structures..8 Avoid development in areas susceptible to erodable soils, and steep slopes..9 Environmentally sensitive areas within a subdivision or recreation community shall be recognized to protect environmental values. These may include portions of wildlife habitat, semi-enclosed marsh or shallow water bodies draining into or from the lake, steep slopes, old growth forest areas adjacent to significant fish habitat, lands prone to flooding and lands designated for recreation or conservation..10 Areas designated as environmentally sensitive shall remain undeveloped and undisturbed which prohibits grading, excavating, filling and/or construction of roadways, driveways, parking areas or structures..11 Development should not be considered for any island less than 2 hectares (5 acres) due to concerns of environmental impacts..12 Road layout shall be aligned to conform to natural grades as much as possible..13 A 15 m minimum setback should be required from natural boundary on all streams. Streamside buffer areas shall remain in a natural condition and to provide protection and food source for fish and wildlife. Natural drainage courses shall be preserved as close as possible to their natural location and appearance..14 Site works development shall not be permitted on slopes in excess of 20% unless a geotechnical review confirms suitability. Slopes shall be measured over a horizontal distance inland of 45 m/150 ft. from the shoreline. Page 14

18 .15 Topsoil removed during construction should be conserved for use on areas requiring vegetation or landscaping..16 Construct and continuously maintain sediment ponds, silt fences, filtration facilities, run-off diversions, and other works as required, to protect creeks, watercourses and lakes from siltation..17 Inspect silt fences during and immediately after prolonged rainfall. If undercutting is observed immediately repair fence..18 Existing agricultural land use may require that fencing, cattle guards, and other measures be included in site development to mitigate potential land use conflicts. Vegetation.1 Carefully prune or limb trees and shrubs instead of removing them to open up views to the water..2 Leave a 30 m waterside setback from a lake (measured from the natural boundary) along the shoreline where natural vegetation is retained..3 Within the front yard/waterside setback the natural landscape shall be retained except for 30% of the lot frontage which may be cleared to create unobstructed lake views and access. Where trees and understorey have been removed, native landscape materials should be introduced and allowed to re-establish so as to create a contiguous buffer..4 Use temporary fencing or flagging around trees and natural areas to avoid construction damage..5 To retain trees adjacent to construction avoid any excavation or digging within 3 m of the base of the tree..6 Remove aquatic plants only where they seriously interfere with recreational use of water and then clear only the smallest possible area..7 For steep slopes greater than 20%, existing vegetation should be substantially retained on all slope faces. Page 15

19 .8 Hazard trees (trees which are leaning or in danger of falling) should be pruned or removed where necessary from the property..9 Exposed slopes caused by site grading should be reseeded as soon as possible..10 Maximize the retention of mature trees..11 When selecting plant material to be introduced to the site, preference should be given to native species which are drought tolerant. In addition, consideration should be given to fire resistance. Critical Dimensions 1. Lakeside buffer - building setback 30 m (100 min) 2. Lakeside buffer clearing width 30% max of frontage 3. Lakeside frontage variable depending on zoning Page 16

20 1 ha. Lot Illustrative Plan (N t t S l ) Page 17

21 Buildings.1 Residences and accessory structures should be set back at least 30 m from high water mark..2 Building height should be measured from the average finished ground level of the profile of the building facing the lake to the highest point of the roof. Maximum height shall be 2 storeys for residential and 3 storeys for commercial development..3 Minimize the structure profile facing the water..4 Select building materials that are natural or have a natural appearance that blends into the surroundings. Material selection should also consider combustibility as a wildfire precaution..5 Avoid excessive shoreline structures that are visible from the lake to minimize visual clutter of the shoreland..6 Locate accessory structures behind the main building and or existing vegetation to screen views of the structure from the water..7 On steeply sloping sites (+20%) the proposed building shall step down the hillside. Page 18

22 .8 Parking areas should not be visible from the lake..9 To maintain a balance of natural and built form, the maximum cumulative width of shoreline structures, including all docks, storage sheds, decks and gazebo s and boathouses should be no more than 25% of the lot s water frontage..10 The height of shoreland buildings should be appropriate to the lake setting including background setting, slope, tree cover and buffer. High visual impact development will generally not be permitted. 4.2 Public Access Background Lakes within the TNRD are a public resource for the benefit and enjoyment of recreationists, residents and tourists. However, development should not jeopardize public access to lakes. Potential conflicts pertaining to the introduction of new development can be avoided at the planning stage by considering existing recreation uses both on land and in the water Public Access Policies.1 Development design shall consider all existing public land and water based recreation activities such that new development will minimize impact on existing activities..2 Development shall generally be accessed by a public road which is maintained year round. However, where public road access is not available, the developer will be responsible for road construction and maintenance either seasonally or on a year round basis..3 Subdivisions shall be designed to incorporate public trails and walkways near the lake edge, but in a manner that will have a low environmental impact on riparian vegetation and the waterbody..4 Public use of resort facilities, particularly recreational and docking facilities, is encouraged..5 Shared docking facilities and common waterfront access areas shall be encouraged. Page 19

23 .6 Non-waterfront residential subdivisions shall provide access to the water and opportunities for communal boat moorage. 4.3 Hazard Protection Background Within the TNRD there are many areas in the vicinity of lakes where development could be contemplated. These lands are, in many cases, subject to conditions which could be hazardous to development and could result in damage to property and people. Examples of these hazards include: Steep Slopes - These are generally considered for slopes in excess of 20%. Unstable Soils - Soil composition, presence of groundwater and other factors can cause soils to be unstable. This situation is often compounded by steep slopes. Avalanche Zones/Debris Fans - Many areas of the TNRD are subject to snow avalanches and debris torrents (soil, rock and plant material carried down a contained path). Floodplain and High Water Areas - Inundation by water is a concern along many of the region s stream and lakes. Wildfires The interface between buildings and forested areas poses potentially hazardous situations. There is considerable opportunity to minimize the risks associated with these hazards when planning for new development. Additional guidelines related to hazard protection, including wildfire management, are provided in sections pertaining to Site Development Hazard Protection Policies.1 Development in lakeside areas will respect and be safeguarded from potentially hazardous conditions. Page 20

24 4.3.3 Hazard Protection Guidelines.1 Proposed development within steep slope areas (i.e. greater than 20%), unstable soils, avalanche zones or similar hazards will require review by an appropriately qualified professional engineer experienced in geotechnical engineering. If the proposed development is feasible pending implementation of remedial measures recommended by the professional engineer, these measures will be required as a condition of development approval..2 Development within areas of flood hazard or susceptible to erosion must comply with the provisions of TNRD Zoning Bylaw No. 940 and regulations and guidelines established by the Ministry of Water, Land and Air Protection..3 Development within or adjacent to forested areas will require consultation with the Ministry of Forests prior to approval..4 Wildfire standards are to be included in rural subdivision design where appropriate and may require integration of National Fire Protection Association (NFPA) standards: 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting and 1144 Standard for Protection of Life and Property from Wildfire..5 Where the risk of fire is significant, the TNRD may require the registration of restrictive covenants on land titles to specify the installation and maintenance of wildfire safety measures. The covenant will also save harmless the TNRD in the event of property or adjacent resource damage. Page 21

25 4.4 Infrastructure Background The term infrastructure refers to three key types of services provided to lakeshore development: Sewage collection, treatment and disposal Water supply, treatment and distribution Stormwater collection and disposal Sewage collection, treatment and disposal is a critical issue associated with lakeshore development. Sewage contains both nutrients (such as phosphorous and nitrogen) and diseasecausing micro-organisms (bacteria, viruses and parasites) which have considerable potential to impact water quality and human health. For example, enhanced levels of phosphorous in a water body can stimulate the growth of plant materials which demand higher levels of oxygen for photosynthesis and decay. This can limit the amount of dissolved oxygen available for fish and other aquatic life. Human health can also be impacted by micro-organisms from sewage effluent being discharged either directly to a water body or indirectly to ground which may interact with surface and ground water supplies. There are many variables which influence the degree to which sewage management may be a concern to lakeshore development. The nature of the receiving environment either soil conditions in the case of on-site septic systems, or water chemistry and other biological factors in the case of lake disposal is a key variable. The concentration, type and density of development is another important consideration. The quality of design and construction of the sewage management system can also influence its effectiveness, as does attention paid to maintenance (such as regular pumping of septic tanks). This latter consideration is dealt with extensively by various provincial statutes and guidelines, including the BC Municipal Sewer Regulations and Health Act Sewage Regulations. Water supply, treatment and disposal are important health considerations. Water is supplied to lakeshore developments from two principal sources directly from the lake, or from groundwater. In the case of lake sources, there has been increasing concern about the quality of surface waters in BC and elsewhere in recent years. This has led to the recent introduction of the Drinking Water Protection Act and attendant regulations, which have tightened controls on Page 22

26 the treatment of water and maintenance of water utilities supplying multiple users. Groundwater sources are less regulated, yet can experience quality issues from either natural phenomena (ie. high levels of iron) or human impacts (ie. contamination by adjacent in-ground septic treatment and disposal systems). Stormwater management has generally received less attention in the semi-arid interior of BC due to the lower frequency of rainfall events in comparison to other areas of the province. The Thompson Nicola region does, however, experience storm run-off due to rainfall (including intense events which occur periodically), snowmelt, or other causes. This run-off can carry a variety of organic (such as sediment, leaf litter, animal wastes, etc.) as well as inorganic (such as oil and other petroleum products from vehicle and machinery use) into water bodies, thus altering water quality. Limited regulation exists in this area, although the issue of both quality and quantity of stormwater run-off is of increasing interest to both provincial and federal environmental agencies Infrastructure Policies.1 All new development shall be served by appropriately designed, constructed and maintained sewer, water and stormwater systems..2 All new development will be encouraged to work with relevant agencies to review, approve and ensure on-going management of sewer, water and stormwater systems Infrastructure Guidelines Sewer Systems.1 On-site septic treatment and disposal systems must be approved by the Interior Health Authority under the Health Act - Sewage Regulations..2 The minimum setback of a septic field from any waterbody shall be 100 metres. If a property owner wishes to install a septic field with a setback of less than 100 metres from a waterbody, the property owner must engage an appropriately qualified engineer or geoscientist to review the proposed siting of the septic field to ensure that there will be no detrimental impacts on adjacent waterbodies. Any remedial measures recommended by the engineer or geoscientist must be implemented by the property owner at their expense. Page 23

27 .3 The minimum parcel size for a single-family subdivision of property adjacent to the lakeshore and utilizing individual on-site sewage treatment and disposal facilities shall be 1 hectare. If a property owner wishes to subdivide a parcel of land less than 1 hectare in size adjacent to the lakeshore and service that parcel with an on-site sewage treatment and disposal system, the property owner must engage the services of an appropriately qualified engineer or geoscientist. The absolute minimum parcel size when approved by a qualified professional is 0.40 hectares (1 acre). The qualified professional must ensure that the desired parcel of land will accommodate the on-site system in perpetuity without negatively impacting adjacent land or water. Where parcel sizes of less than 1 hectare are proposed for development, a community sewer system is encouraged..4 The minimum parcel size for an existing resort property adjacent to the lakeshore and utilizing individual on-site sewage treatment and disposal facilities shall be 1 hectare. If a property owner wishes to subdivide a parcel of land less than 1 hectare in size adjacent to the lakeshore and service that parcel with an on-site sewage treatment and disposal system, the property owner must engage the services of an appropriately qualified engineer or geoscientist. The absolute minimum parcel size when approved by a qualified professional is 0.20 hectares (1/2 acre). The qualified professional must ensure that the desired parcel of land will accommodate the on-site system in perpetuity without negatively impacting adjacent land or water. Where parcel sizes of less than 1 hectare are proposed for development, a community sewer system is encouraged..5 Where developments include community water and sewer systems, parcel sizes less than 0.40 hectares (1 acre) may be acceptable depending on site specific conditions/environmental capability of the site to accommodate higher densities..6 Community sewer systems are encouraged in order to minimize cumulative effects of individual septic systems..7 Depending upon scale, sewer systems must be approved by the Interior Health Authority under the Health Act Sewage Regulations or the Ministry of Water, Land and Air Protection under the Waste Management Act - Municipal Sewer Regulations..8 Proper on-going maintenance of septic systems is strongly encouraged. Property owners should consult the maintenance standards provided by the Interior Health Authority, as well as the publication On The Living Edge Your Handbook for Waterfront Living by the Living by Water Project available through the TNRD. Page 24

28 Water Systems.1 All new development must prove the availability of a sustainable potable water supply which meets the criteria set by the appropriate authorities..2 Developments comprising two (2) or more parcels should be served by community water systems. These systems must be approved by the Interior Health Authority, and shall conform to the Drinking Water Protection Act..3 The provision of water for fire fighting purposes is encouraged. The National Fire Protection Association (NFPA) 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting identifies minimum standards to assist rural and suburban fire departments in developing sufficient water supplies. Stormwater Management Systems.1 Stormwater management plans are to be prepared for all new development to deal with the cumulative impacts of run-off. The stormwater plan will ensure run-off resulting from new development is minimized and retained on-site wherever possible..2 When relevant, the Ministry of Water, Land and Air Protection and/or Department of Fisheries and Oceans shall be contacted and their advice and approval incorporated into the development and/or stormwater management plan(s). 4.5 Land Use Background Existing and future land uses surrounding lakes can potentially impact lake oriented development. Examples of land or resource use that a development proponent may need to be aware of include: Heritage Sites - Cultural and historic sites contribute to the character and interest of the lake resource and in the case of First Nations may include areas of spiritual significance. Agriculture - Agricultural activities within the lake watershed may impact surface water and use fertilizers and pesticide use, tillage, livestock practices irrigation and drainage can affect water quality and quantity. Livestock production practices including riparian grazing, Page 25

29 confined feeding operations, and manure management can also affect water quality. Irrigation may impact water levels. In addition, to environmental impacts, grazing leases often allow cattle to occupy lakeside property which may result in conflicts between residents and ranchers. Forestry - Forestry activities in the watershed can adversely impact water quality and aesthetics. Utilities - Utility transmission corridors within the lake viewshed can severely diminish visual quality. Recreation Recreational activities such as snowmobiling, hiking, biking and water sports occur around lakes. Development proponents should familiarize themselves with land tenure in the vicinity of their project Land Use Policies.1 Development in lakeside areas will recognize the need to accommodate and co-exist with multiple use of lands surrounding lakes. Development plans shall be compatible with existing uses and make necessary provisions for buffering, fencing, screening, scale, open space, setback and other measures that can maximize compatibility with development..2 Archaeological and cultural resources shall be protected through the development process such that any historically significant buildings, structures, features or areas identified shall be preserved. 4.6 Education Background Existing and future owners of lakeside property have an important role to play in managing the TNRD lake resource. A stewardship attitude adopted by parcel owners can complement regulatory controls in the following ways: Data Collection/Monitoring Lakeside property owners can assist lake management efforts by providing environmental quality data as well as monitoring shoreland alterations not Page 26

30 conforming with guidelines. Lake associations representing property owners and lake users should be encouraged to form and play an active role in monitoring lake resource value indicators including wildlife, fish, water quality, user conflicts and shoreline alterations. Environmental Management An understanding of the environmental impacts of living in the shoreland area can affect how residents manage their property. The Living Edge Your Handbook for Waterfront Living, prepared by the Living by Water Project, provides an excellent reference for environmentally responsible property owners Education Policies.1 Citizen participation in retaining or improving lake resource values shall be encouraged individually or through the formation of lake associations..2 Integration of the On The Living Edge Your Handbook for Waterfront Living, Land Development Guidelines for the Protection of Aquatic Habitat, and the direction provided in the Stewardship Bylaw A Guideline for Local Government shall be integrated into all lakeshore planning, public awareness and development initiatives..3 Lake associations wanting to have motorboat restrictions applied (i.e., speed, motor type), establish sensitive wildlife habitat areas, or undertake other lake management initiatives shall be provided with process information to guide association efforts. Page 27

31 5.0 IMPLEMENTATION The TNRD will implement the policies and guidelines through a number of mechanisms. Key tools include: Zoning Covenants Co-operation with Other Agencies Education Additional details on each of these implementation tools are provided below. 5.1 Zoning Zones are set out in the TNRD s Zoning Bylaw No. 940 which apply to lakeshore areas. These zones specify use, density, siting, building setbacks, provision of approved water and sewer systems and so forth with respect to lakeshore development. In cases where new lakeshore development is proposed in areas not already zoned for lakeshore development, the proponent will be required to rezone the property in question and may be required to justify lake classification and environmental impact before development can occur. 5.2 Covenants The guidelines set out in the previous section of this document deal with a number of issues which are beyond the scope of zoning regulations. These include, for example, site work regulations such as hard surfacing approaches and materials, vegetation management techniques (tree retention and pruning), and specific building design and orientation details (building materials, minimizing exposure of long blank walls to lake). These guidelines could be implemented through covenants which are negotiated between the TNRD and the developer at the time of rezoning (if this step in the development process is necessary), and appended to property titles prior to reconsideration and adoption of the enabling zoning amendment bylaw or at the time of subdivision. Page 28

32 5.3 Co-operation with Other Agencies Inherent in the lakeshore development process is extensive co-operation with other public agencies. Key examples of these agencies, and specific areas of required co-operation, are set out below. BC Ministry of Water, Land and Air Protection work in or about a stream or waterbody; approval of larger-scale community sewer and water systems Land and Water BC water licensing; approval of foreshore works below the natural boundary Interior Health Authority approval of water and smaller-scale community sewer systems (including on-site septic systems) BC Ministry of Transportation subdivision approval and public road access Ministry of Forests lakeshore harvesting guidelines and forest service road access and perimeter cattle fencing. Fisheries and Oceans Canada work within 30 m of a waterbody that contains fish (such as salmon) that move between salt and fresh water The TNRD will work with these and other agencies throughout the development process, including during rezoning, subdivision and building permit activities. These agencies will assist the TNRD in implementing the various guidelines set out in the previous section. 5.4 Education Education of property owners in lakeshore areas is critical so that development projects are properly designed, constructed and maintained. Other sections of this document (see Section 4.6), as well as additional reference materials (such as the publication On The Living Edge Your Handbook for Waterfront Living), provide additional detail on this topic. Page 29

33 6.0 DEVELOPMENT APPROVAL PROCESS The following outlines the steps required for lakeshore development: 6.1 Step 1 If you are now considering residential or cottage development the lake should be over 60 hectares. Lakes less than 16 hectares should not be considered for any form of intensive development unless supported by a detailed environmental impact assessment funded by the applicant. All new development shall be required to provide a user unit and perimeter shoreline analysis supporting the proposed development plan. Locate the lake(s) in which you have an interest in the Lake Classification Index, in Appendices B and D. If the lake is classified and approved by the Regional District, proceed to Step 2. If the lake is unclassified, proceed to Step Step 2 Review current lake classification. Verify that the classification is current and for the amount of shoreline development existing on the lake. This will tell you if new development is permitted. Proceed to Step Step 3 Confirm with the Regional District that the lake is still unclassified. If the lake is still unclassified, notify the Regional District that you intend to seek classification. The Regional District will seek assistance from Federal and Provincial agencies in its efforts to classify the lake. Page 30

34 The Regional District may require you to hire a qualified consultant (at your own cost) in order to substantiate request for classification. Once a classification has been given, review the sections relevant to that classification and proceed to Step Step 4 Check Regional District Official Community Plans, Zoning Bylaws, Land Use Contract, Agricultural Land Reserve status, other special planning policies, studies and any other provincial land use objectives such as relevant Land and Resource Management Plans (LRMPs) that may affect the land in which you have an interest. Submit applications for subdivision approval with Ministry of Transportation. Submit applications(s) for Official Community Plan, Zoning or Land Use contract amendments to the Regional District. Submit applications(s) for Development Permit and Building Permit to the Regional District. 6.5 Step 5 Check with relevant ministries and authorities to determine whether they require notification of works, permits or have jurisdictional interests (i.e., Ministry of Water, Lands and Air Protection, Land and Water BC, Interior Health Authority, Fisheries and Oceans Canada, Ministry of Forests). Once provincial approvals have been addressed, follow the TNRD Lakeshore Development Guidelines for developing your property. Consult with Living by Water and the On The Living Edge Your Handbook for Waterfront Living for suggested techniques on sustainable lakeshore development. Page 31

35 7.0 FREQUENTLY ASKED QUESTIONS 1. I have an existing resort. Can I subdivide and develop residential property? Answer: Please refer to TNRD Zoning Bylaw No. 940 and consult with TNRD staff. 2. How do I obtain information related to cattle grazing beside the lake? Answer: Contact the Ministry of Agriculture. 3. How can I find out about water licensing? Answer: Contact Land and Water British Colimbia s (LWBC) water licensing department. 4. I want to put an addition on my cottage. Do I need approvals from the TNRD? Answer: Building additions require a permit from the TNRD Building Department. 5. I am considering purchasing some undeveloped lakefront property. What should I do to make sure I can develop the property the way I want to? Answer: To avoid surprises review the Lakeside Development Guidelines and meet with TNRD representatives to have questions answered and discuss your preliminary ideas and plans for development. 6. Where do I obtain information regarding the sale and development of Crown land? Answer: Land and Water British Columbia (LWBC) is only making lands available on lakes designated for additional development by the TNRD Lake Classification System. Contact LWBC for further information. 7. Who do I contact regarding the use of motorized watercraft on lakes? Answer: The Federal Department of Transport is responsible for boating restriction on lakes. Lake Associations or other groups representing the majority interests of lake property owners can make application to Transport Canada. Page 32

36 8. Who is in charge of lake water quality? Answer: Lake water quality is the responsibility of the BC Ministry of Water, Land and Air Protection, however other provincial ministries including Ministry of Forests and Land and Water BC, as well as the TNRD have an important role to play in ensuring that lakeside development and land uses in the watershed do not adversely impact water quality. 9. Who do I contact regarding forestry harvesting in my area? Answer: Contact the Ministry of Forests for information on the Forest Management Plan in your area. 10. I think our lake has enough development, but according to the TNRD lake classification more development is allowable. What can I do about it? Answer: Lake Associations or individuals can present their case and request that the TNRD revise the classification of their lake. 11. If you buy a lakefront property, can you retain an existing small cottage and build a new residence? Answer: TNRD zoning may allow construction of additional units or may require rezoning. You are advised to refer to the TNRD Zoning Bylaw No I m building a new cottage on the lake. How many trees can I cut down? Answer: Lakeside Development Guidelines stress the retention of vegetation balanced with wildfire prevention measures. You are allowed to clear an area for construction purposes including buildings, parking areas, walkways, septic fields and small yards. In addition, tree removal is permitted to open up waterfront views by way of selective thinning and/or a view corridor that clears no more than 30% of the total lake frontage. Page 33