Naramata Rural Official Community Plan Bylaw No. 2372, 2006

Transcription

1 Naramata Rural Official Community Plan Bylaw No. 2372, 2006

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3 Regional District Okanagan-Similkameen Naramata Rural Official Community Plan Bylaw No. 2372, 2006 TABLE OF CONTENTS 1.0 INTERPRETATION AND ADMINISTRATION INTERPRETATION ADMINISTRATION WHAT IS AN OFFICIAL COMMUNITY PLAN? NARAMATA RURAL (AREA E ) CONTEXT HISTORICAL CONTEXT GEOGRAPHIC CONTEXT OFFICIAL COMMUNITY PLAN MAP DESIGNATIONS COMMUNITY VISION BROAD GOALS SOCIAL ECONOMIC ENVIRONMENTAL OTHER GROWTH MANAGEMENT CONTEXT OBJECTIVES POLICIES AGRICULTURE BACKGROUND OBJECTIVES POLICIES RESOURCE AREA BACKGROUND OBJECTIVES POLICIES RURAL HOLDINGS BACKGROUND OBJECTIVES POLICIES... 27

4 11.0 RESIDENTIAL BACKGROUND OBJECTIVES GENERAL RESIDENTIAL POLICIES LOW DENSITY RESIDENTIAL POLICIES MEDIUM DENSITY RESIDENTIAL POLICIES COMMERCIAL & HOME INDUSTRY BACKGROUND OBJECTIVES POLICIES AGGREGATE AND MINERAL RESOURCES AGGREGATE AND MINERAL RESOURCES OBJECTIVES AGGREGATE AND MINERAL RESOURCES POLICIES ADMINISTRATIVE, CULTURAL AND INSTITUTIONAL BACKGROUND OBJECTIVES POLICIES NATURAL ENVIRONMENT BACKGROUND OBJECTIVES POLICIES HAZARD LANDS BACKGROUND OBJECTIVES HAZARD LANDS POLICIES FIRE MANAGEMENT POLICIES SERVICING, TRANSPORTATION AND PARKS BACKGROUND SERVICING (WATER, SEWAGE DISPOSAL, DRAINAGE AND OTHER UTILITIES) Servicing Objectives General Servicing Policies Water Policies Sewage Disposal Policies Drainage Policies Other Utilities Policies TRANSPORTATION Transportation Objectives Transportation Policies PARKS... 57

5 Parks Objectives Parks Policies TEMPORARY COMMERCIAL AND INDUSTRIAL PERMITS BACKGROUND OBJECTIVE POLICIES DEVELOPMENT PERMIT AREAS BACKGROUND ENVIRONMENTALLY SENSITIVE DEVELOPMENT PERMIT (ESDP) AREA Category Area Justification Determining whether development falls within the ESDP Area Guidelines Exemptions WATERCOURSE DEVELOPMENT PERMIT (WDP) AREA Category Area Justification Determining whether development falls within the WDP Area Guidelines Exemptions NARAMATA TOWNSITE DEVELOPMENT PERMIT AREA Background Justification Guidelines CROWN LAND BACKGROUND OBJECTIVES POLICIES IMPLEMENTATION INTRODUCTION REFINEMENTS ZONING BYLAW SERVICING BYLAW FOLLOW-UP STUDIES AND INITIATIVES OTHER AGENCIES MONITORING... 74

6 LIST OF SCHEDULES, MAPS, AND FIGURES Schedule A Naramata Rural Official Community Plan Text Map 1 General Context Map Map 2 Agricultural Land Reserve Figure 1 Naramata Population Growth, Figure 2 Cluster Development Example Figure 3 Riparian Assessment Area Schedule B Series Schedule B.1 Schedule B.2 Naramata Rural Official Community Plan Map Context Naramata Rural Schedule C Naramata Rural Road and Trail Network Plan Schedule D Naramata Rural Development Permit Areas Note: Schedule B Series, C and D can be viewed either on the RDOS website at or in hard copy at the RDOS office.

7 Acronyms used in this document Agricultural Land Reserve Agricultural Land Commission Environmental Impact Assessment Environmentally Sensitive Area Environmentally Sensitive Development Permit Official Community Plan Okanagan Shuswap Land & Resource Management Plan Regional District Okanagan-Similkameen Watercourse Development Permit ALR ALC EIA ESA ESDP OCP OSLRMP RDOS WDP

8 1 Regional District Okanagan-Similkameen Naramata Rural Official Community Plan Bylaw No. 2372, 2006 A Bylaw to guide land use decisions within Electoral Area E pursuant to Part 26 of the Local Government Act of British Columbia, R.S.B.C. 1996, and the provisions of the Community Charter, R.S.B.C WHEREAS the Regional District Okanagan-Similkameen wishes to adopt an Official Community Plan pursuant to Part 26 of the Local Government Act, and applicable provisions of the Community Charter; AND WHEREAS the Regional Board may adopt an Official Community Plan by bylaw and each reading of the bylaw must receive an affirmative vote of a majority of all directors of the Regional Board who are entitled to vote on that bylaw; AND WHEREAS after first reading of the bylaw the Regional Board shall, in sequence, examine the Official Community Plan in conjunction with its most recent capital expenditure program, the waste management plan, wastewater management plan, and economic strategy plan that is applicable in the RDOS to ensure consistency between them, in accordance with the Local Government Act, and applicable provisions of the Community Charter; AND WHEREAS if the Official Community Plan applies to land in an Agricultural Land Reserve established under Provincial Acts and Statutes, the Regional Board shall refer the Official Community Plan to the Province for comment; AND WHEREAS the Regional Board has provided one or more opportunities for consultation with persons, organizations and authorities it considers affected in the development of the Official Community Plan in accordance with Section 879 of the Local Government Act, and applicable provisions of the Community Charter; AND WHEREAS the Regional Board of the RDOS has complied with all requirements of the Local Government Act, and applicable provisions of the Community Charter prior to adoption of this bylaw and Official Community Plan including all of the foregoing; AND WHEREAS upon adoption of this bylaw, the Plan is an Official Community Plan of the RDOS; NOW THEREFORE the Regional Board of the RDOS, in open meeting assembled, enacts as follows: The Naramata Rural Official Community Plan attached hereto as Schedules A, B, C, and D and forming part of this bylaw is adopted as the Regional District Okanagan- Similkameen, Naramata Rural Official Community Plan. The bylaw shall apply only to that portion of the RDOS shown outlined on the attached Schedule B Official Community Plan Maps forming part of this bylaw.

9 2 If any statement, section, sub-section, clause, sub-clause or phrase of this bylaw and the Official Community Plan adopted by this bylaw is for any reason held to be invalid by a decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this bylaw and Official Community Plan. Pursuant to the Local Government Act, and applicable provisions of the Community Charter, Zoning bylaws currently being considered by the Regional Board but not adopted as of the date of adoption of this bylaw and the Official Community Plan adopted by this bylaw are deemed to be consistent with the Official Community Plan. This bylaw may be cited for all purposes as the Naramata Rural Official Community Plan Bylaw No. 2372, Purpose The Naramata Rural Official Community Plan is intended to ensure that decisions of the use and development of property within that part of the Electoral Area E shown on Schedule B, are made with regard to land capabilities and constraints, growth trends, the interrelationship of land uses, and the aspirations of the people, for the benefit of the whole community. Further, the Plan is intended to: i) form the basis for regulatory land use bylaws, capital expenditures programming, and waste management; ii) to provide guidance and information for private and public organizations and individuals.

10 3 Transition Electoral Area E Official Community Plan Bylaw No. 1406, 1993, regulated by this Bylaw in Electoral Area E of the Regional District Okanagan-Similkameen, and all subsequent amendments thereto, are hereby repealed. READ A FIRST AND SECOND TIME on the 7th day of September, SECOND Reading rescinded and re-read on the 5 th day of October, SECOND Reading rescinded and re-read on the 1 st day of March, SECOND Reading rescinded and re-read on the 5 th day of April, PUBLIC HEARING held on the 14 th day of May, READ A THIRD TIME on the 7th day of June, Approved by the Minister of Community Services pursuant to the provisions of Section 882 of the LOCAL GOVERNMENT ACT, AND APPLICABLE PROVISIONS OF THE COMMUNITY CHARTER this 18th day of October, ADOPTED this 15th day of November, Chair General Manager of Administration Services

11 4 SCHEDULE A Regional District Okanagan-Similkameen Naramata Rural Official Community Plan, Bylaw No. 2372, 2006

12 5 1.0 INTERPRETATION AND ADMINISTRATION The provisions of this Plan apply to all lands and surface of water within the Electoral Area E identified on Schedule B of this bylaw, and Map 1, General Context Map. 1.1 Interpretation An Official Community Plan means a community plan as referred to in the Local Government Act, and applicable provisions of the Community Charter and as adopted by the Regional Board of the Regional District Okanagan-Similkameen (hereafter referred to as the Regional Board), in accordance with the requirements of the Local Government Act, and applicable provisions of the Community Charter. 1.2 Administration 1. This OCP comes into effect as of the date of formal adoption by the Regional Board. 2. The Zoning bylaw will be the primary tool to regulate development, not the OCP. All land use designation amendment proposals must be consistent with the intent of this OCP that serves as a policy foundation for the Zoning bylaw. 3. This Plan will be reviewed on a yearly basis and, in order that the document continues to accurately reflect the long-range planning objectives of the Naramata area, the Plan will undergo a comprehensive review every five to ten years. 4. Public hearings to consider Plan amendments will be held two times per year, in the months of May and November. This is to allow the community to clearly understand the proposed changes at three public hearings at specified times. The Board may hold a public hearing at any time to consider a community plan amendment if it is deemed to be in the public interest. 5. The OCP can only encourage senior levels of government to take action; it cannot force or require senior governments to act. Furthermore, although the OCP cannot commit the Regional Board to specific expenditures, the Regional Board cannot enact bylaws or undertake works that are contrary to it without amending the Plan. Interpretation and Administration

13 6 2.0 WHAT IS AN OFFICIAL COMMUNITY PLAN? An Official Community Plan (OCP) is the vision the community has for its future. It contains goals and policies that will shape future land use in a way that reflects the community vision. These goals and policies form a framework used by the Regional Board, Regional District staff, other agencies and the community to guide their decisions about future land use. The community of Naramata will change and grow based upon the contents of the OCP. The OCP was developed in close consultation with the community of Naramata. Citizens were instrumental in all aspects of the Plan from articulating broad visions such as protecting the rural character and the townsite to confirming and strengthening policies such as affordable and community care housing and protection of the natural environment. It was important to include all aspects of the community including the general public, the business community, and the development community for specific issues such as the environment and agriculture. The ideas are stated in the form of objectives and policies. There are also several maps that form part of the OCP. The maps show information such as the land use designations, road and trail networks, and future land uses. Another important component of the OCP is the objectives and guidelines for development permits. There may be certain values that the community has for issues such as the character and landscaping of the Naramata townsite, and for Environmentally Sensitive Areas (ESAs). Each site is unique and the design response to these community values will vary from site to site. Development permits allow a development to provide a site-specific design based on guidelines that reflect the community values. What is an Official Community Plan

14 7 3.0 NARAMATA RURAL (AREA E ) CONTEXT 3.1 Historical Context This unique area of British Columbia s southern interior has long been considered a desirable location for people to live. The original people of the Okanagan known as the syilx speaking people recognized this, as they have lived and worked on this land long before the arrival of the Europeans. In 1907, John Moore Robinson recognized the many locational advantages of Naramata including its proximity to Okanagan Lake, the ideal climate, unique town site, and fertile agricultural land. Naramata circa 1925 Source: BC Archives John Robinson thought Naramata an ideal settlement site, where he established a development company known as the Okanagan Trust Company Limited. The Okanagan Trust Company soon surveyed the town, orchard tracts and roads, created an irrigation system, in addition to building various local services, such as a school and a post office in order to the promote the Village of Naramata. In 1907 Robinson s Okanagan Trust Company Limited surveyed approximately 600 acres into enticing 2, 5, and 10 acre orchard tracts, attracting settlers from across North America and Britain. The three families that largely settled Naramata s original orchard lots included the Roes, the Partridges and the Littlejohn family. Eventually, several packing houses were built, including, the Naramata Fruit Company and E. Mallory and Okanagan Packers to accommodate the increasing amount of fruit being produced in the area. Initial transportation networks to Naramata consisted of a horse and buggy trail from Penticton and the ferry from Summerland. In 1908, a government wharf was constructed, which allowed for larger paddle-wheel steamers to dock, and the frequency of trips and expansion of the ferry fleet soon followed with the incorporation of the Okanagan Lake Boat Company, later purchased by the Naramata Syndicate. The construction of the Kettle Valley Railway also significantly impacted what is now called Electoral Area E, bringing both workers and settlers to the general area. In the mid 20th Century the Christian Leadership Training School, now known as the Naramata Centre was established, and for over 55 years the Naramata Centre has attracted people from around the world who are seeking continued education often related to healing, learning, empowerment and spiritual renewal. Also of significance, in the 1980s local grape growers lobbied Provincial politicians to allow for small winery operations to sell and produce their wines to the public. In 1989, Naramata Rural (Area E ) Context

15 8 local winemakers were successful in convincing the Province to create Farm-gate Winery licenses, effectively opening the door to numerous small growers on the Naramata Benchlands. Lang Vineyards was the first in rural Naramata to receive this type of winery license and opened its wine operation in 1990, and the growth of the local wine industry soon followed. As a result, the increasing density and land uses now occurring within the rural urban interface and agricultural land uses throughout the entire Okanagan Valley can frequently trace their origin to some of the factors that initially caused people to settle within the region. 3.2 Geographic Context Electoral Area E (Map 1) is located within the RDOS area, on the eastern shores of Okanagan Lake, north of the City of Penticton, and is bordered to north by the Okanagan Mountain Provincial Park. The main transportation artery throughout the Electoral Area is Naramata Road. The Naramata townsite is located approximately 16 km from downtown Penticton, along the shores of Okanagan Lake, and surrounded by fertile clay benches. The 2001 population of Electoral Area E was 1,996, 2.6% of the entire population of the RDOS. Its area is 545 km 2, 5.1% of the total area of the RDOS. Much of rural Naramata is located on the gently sloping west facing Naramata Benchlands above Okanagan Lake. The Naramata townsite is located below the benchlands on an ~60 hectare alluvial fan formed by Naramata Creek. The majority of the population rests along the benchlands and within the Naramata townsite. Area E consists of 6 general areas of human settlement, known as Falcon Ridge, Naramata Benchlands, Naramata townsite, Indian Rock, Glenfir, and Chute Lake (see Map 1). The remaining upland land base is managed by the Province as Crown land. Naramata Rural (Area E ) Context

16 9 Map 1: General Context Map Chute Lk Glenfir Indian Rock Townsite Benchlands Falcon Ridge Rural Naramata, Electoral Area E Naramata Rural (Area E ) Context

17 OFFICIAL COMMUNITY PLAN MAP DESIGNATIONS The future use and development of land within the Naramata area must be consistent with the overall pattern of land use depicted on Schedule B, and based on the following land use designations: Rural Designations: Resource Area Agriculture Large Holdings Small Holdings RA AG LH SH Residential Designations: Low Density Residential Medium Density Residential LR MR Commercial Designation: Commercial C Community Services and Administrative Designations: Administrative, Cultural and Institutional Park Conservation Area Public Corridor AI P CA PC Schedule B Map Designations

18 COMMUNITY VISION We envision a caring and relaxed rural community that is sustained through creativity, diversity, and collaboration. This vision reflects the broad views of Naramatians, how Naramata and its rural areas are seen now and in the future. Among aspects of our future addressed are policies and regulations that reflect a commitment to: 1. PRESERVATION OF COMMUNITY HERITAGE AND CHARACTER, 2. MAINTAINING THE CHARACTER OF THE VILLAGE CENTER, 3. MANAGEMENT OF GROWTH AND DEVELOPMENT, 4. STEWARDSHIP OF NATURAL RESOURCES THROUGH CONSERVATION AND PUBLIC EDUCATION, 5. MAINTAINING THE AGRICULTURAL AND RURAL CHARACTER, 6. MANAGING AND ENHANCING COMMUNITY SERVICES & FACILITIES, 7. DEVELOPMENT OF SENIORS & AFFORDABLE HOUSING INITIATIVES. Naramata from Munson Mountain Community Vision

19 BROAD GOALS 6.1 Social 1. Designate land use sectors to reduce conflicts between uses and to encourage the development of compatible land uses 2. Encourage a cost effective and efficient development pattern in terms of physical (e.g. water, roads, waste water, and storm water management) and social services (e.g. schools, recreation) 3. Provide for safe, quiet, and attractive residential neighbourhoods and rural areas that will satisfy the housing and social needs of all Naramata residents Naramata townsite 4. Protect and enhance the unique village character of the townsite of Naramata 5. Encourage conservation of cultural and heritage values 6. Ensure future development and growth are compatible with community values (e.g. scenic vistas, green space, privacy, quality of life, low population density, rural ambiance) 7. Protect and enhance public access along the foreshore of Okanagan Lake 8. Maintain public access to parks and recreation areas, with new development required to provide green space and connectivity to public areas 6.2 Economic 1. Ensure an orderly level of growth to protect the rural sense of community in Naramata, and to ensure that growth does not result in large tax increases 2. Maintain slow managed growth that fosters the agricultural and small business character of Naramata, and support for agri-tourism 3. Promote the area s unique character at the same time as adapting to the business needs as demographics shift 6.3 Environmental 1. Protect important and sensitive features of the natural environment Broad Goals

20 13 2. Direct development away from areas of high natural hazards to areas of no or low natural hazards 3. Ensure appropriate solutions to reduce the risk of hazards to development 4. Preserve agricultural land 5. Promote a system of representative protected areas and biological corridors 6. Protect the quantity and quality of water resources and waterways 7. Ensure growth is managed along with the physical nature and natural limitations of the land base 8. Consider the protection of trees within the Naramata townsite 6.4 Other 1. Keep regulations to a minimum and ensure consistent and appropriate enforcement 2. Ensure communication and community participation in decision making and work collaboratively with the adjacent City of Penticton 3. Balance economic, social, and environmental values Broad Goals

21 GROWTH MANAGEMENT 7.1 Context Despite overall population growth in the Okanagan, the demographics show an increased trend towards an aging population. The School Districts are generally anticipating a reduction in school age children in the next decade. In addition to this, there will be an increase in numbers of senior residents and an anticipated need for provision of medical and senior living facilities in Naramata. It is anticipated that the population of Naramata will continue to grow over the Figure 1: Naramata population growth, coming years to between 2,500 (1.0% per year rate of population growth) and 3,000 (2% per year rate of population growth) people over the next 20 years. As a comparison, since 1981, the Naramata area has seen an increase of 621 new residents (Figure 1), with a slight decline 0 in population from 1996 to Source: Statistics Canada The Naramata Rural area is capable of accommodating a 1.5% per year rate of population growth with its existing land use designations and capacity for subdivision and infilling of existing lots, over the next 20 years. This translates into approximately 600 new residents over 20 years, which is consistent with the past 20 years. However, it is recognized that the Naramata area is presently experiencing a relatively high rate of growth compared to previous years. Growth projections based on present growth rates may account for a significantly higher percentage, therefore the existing lots with their associated land use designations may not have the capacity to accommodate the increase over this time period. The Real Estate Foundation of BC & The Canadian Land Centre estimated population growth in 2003 in the RDOS area at 1.0% per year, revised downward from their projection in 1998 of 1.3% per year 2. Comparatively, the adjacent City of Penticton projected a 2.5% annual future growth rate in It is anticipated that Naramata will see a gradual shift in demographics toward a population of increasing age, fewer children and fewer people in each household. In the RDOS area, the population of people over 60 years old will grow faster than the average growth rate. Local collector roads constructed years ago to rural standards are being required to carry more traffic. Naramata Road is seeing an increasing amount of commuter traffic # People Year Statistics Canada 2 Real Estate Foundation of BC & Canadian Land Centre Population and Housing Demand for the Okanagan Similkameen Regional District. 33pp. Growth Management

22 15 over the years. Traffic volume on Naramata Road will continue to grow as long as there is a demand for rural living in Naramata, and as the population increases 3. The South Okanagan has more threatened, endangered and rare species than any other part of BC. The valley bottom is home to some rare dryland ecosystems and sensitive stream habitats. With the pressures of growth, the remaining environmentally sensitive areas are coming under increasing stress. Because of the local geography, there are many hillsides and few flat areas. The relatively flat areas are very desirable for agriculture, development, community uses, and also happen to contain many of the rare ecosystems. Future development will be focused more in the infill areas, but may also be on hillside locations where appropriate. Since there is not anticipated to be any appreciable increase in the amount of agricultural land in the future, the nature of agriculture on that land base is changing. There is more intensive use as well as more related processing and secondary activities. There are a variety of land uses such as agriculture, housing, commercial, and limited industrial activity, as well as environmentally sensitive areas that exist side by side. The wide matrix of uses are sometimes incompatible with each other, and therefore the resulting land use issues may be addressed as individual sites re-develop and growth continues. 7.2 Objectives 1. To support slow managed growth to recognize existing development rights and a healthy economy while protecting the rural/agricultural character of the Plan area, to a capacity of 1.5% per year for the lifespan of the Naramata OCP. 2. To utilize a variety of growth management techniques to direct growth to where it will have the most positive and least negative impacts on the community, the agricultural and the natural environment. 3. To maintain a public consultation process that fosters on-going input and review where it is in the public interest. 4. To ensure the Naramata townsite is the focus of community activity and services, pivot of transportation, and a focus of commercial activity and multiple family residential use. 5. To encourage the planning of new residential areas and design of community infrastructure in advance of individual or site-specific bylaw amendments and subdivision applications. 6. To support and foster continued community involvement and communication with the intention of working together for the betterment of the community as a whole. 3 Ministry of Transportation, Verbal Communication Growth Management

23 Policies The Regional Board: 1. Encourages residential development within the infill capacities of the existing land use designations, utilizing those lots and small parcels of land within developed areas where services are available. The existing capacity is capable of accommodating approximately 1.5% per year population growth to 2026, which will translate to approximately 600 new residents to the Naramata area. New development proposals less than 5 dwelling units will be considered for those identified growth areas, such as the Naramata town site. The integrity of agricultural and rural lands will be maintained by making efficient and orderly use of all lands in this infill area. 2. May consider new development proposals greater than 5 dwelling units where proposals involving OCP amendments and associated infrastructure projects clearly demonstrate how they respond to the community s slow managed growth mandate, and shall require the development of a Comprehensive Development Plan (CDP). Additionally, this Plan will be prepared in accordance with Provincial environmental best management practices guidelines before any development approvals are considered, specifically addressing a land use element, a housing element, a capital facilities plan element, a utilities element, and a transportation element. The CDP shall, along with community engagement, address at a minimum the following criteria: a. Benefits of the proposed development to the community, such as the provision of special needs and/or affordable housing; associated commercial, administrative or institutional facilities; or developments that contribute to the community s diversification. b. An indication of the areas utilized for housing and the mix of housing to be included in those areas, along with areas to remain undeveloped. c. An evaluation of the area for natural drainage patterns, downstream impacts, geotechnical constraints, significant environmental features, and ecosystem connectivity on and off site. d. The impact on existing services and facilities, and the ability of local governments and agencies to provide services in a timely, affordable, and effective manner; as well as cost implications to local taxpayers; e. Proposed phasing and sequencing of the development that does not result in significant growth beyond 1.5% per year; f. provision of parks, open space, and public corridors that are consistent with community needs, fit with existing infrastructure, and maintain environmental integrity; g. in association with the assessment criteria for all land use designations described in the Residential and Commercial designations, proposed developments will be evaluated based on specific techniques proposed by the applicant to satisfy the criteria. Growth Management

24 17 h. additional criteria identified at the development application stage. 3. Encourages community consultation and discussions with the Province that review the transportation capacity of Naramata Road, local collector roads, pedestrian and recreational corridors, and commercial development strategies. 4. Encourages an evaluation of road, pedestrian, transit, and other public use corridor requirements including any off-site impacts or necessitated improvements to match the 1.5% growth rate of the community. 5. Supports a further update of the Naramata townsite development permit guidelines focusing on additional need for specific design guidelines. 6. Supports the future study of site-specific guidelines and site planning for new development areas in advance of individual or site-specific bylaw amendments and subdivision applications. 7. Encourages economic growth and maintaining Naramata s unique character through small business. 8. Supports a range of housing types, densities, and affordability options for new residential developments. 9. Encourages that new low density residential development on parcels less than approximately 0.2 ha are within a community sewage treatment system or provide a package sewage treatment plants acceptable to Provincial standards. 10. Encourages all land use within the Agricultural Land Reserve (ALR) to be in accordance with Provincial Acts and Statutes, associated regulations, orders and decisions of the Province. It is recognized that Provincial Acts and Statutes are integral tools to maintaining Naramata s rural character and farmland. 11. Generally, does not support development within ESAs. Development on environmentally sensitive land previously designated to allow residential use, however, will be considered if the development meets the policies and guidelines set out in this Plan. 12. Works with land owners whose land is designated for residential development and is found within an ESA to consider establishing a different land use designation that reasonably reflects the current density and gives due regard to physical constraints and environmental attributes. 13. Encourages conservation organizations to secure important habitat by means of acquisition, conservation covenants or other stewardship agreements for conservation purposes. 14. Generally, directs new medium density residential growth to the Naramata townsite or City of Penticton where infrastructure, services and employment opportunities sustain higher densities. 15. Will review the OCP for consistency with a Regional Growth Strategy that may be approved by the Regional Board in the future. Growth Management

25 Will review the OCP for consistency with an Emergency Preparedness Plan that may be approved by the Regional Board in the future. 17. Recognizes and supports the Okanagan-Shuswap Land and Resource Management Plan (OSLRMP) as a means to ensure that local government concerns are addressed with respect to the management of resources and Crown land in the Plan area. 18. Encourages cluster forms of development to reduce the amount of land impacted by residential growth, where the permitted number of units is clustered on part of the site, protecting the remaining area in its natural state, or protecting adjacent important habitat, and may consider alternatives such as comprehensive development zones, density averaging or other methods to achieve this purpose. A proposal for cluster development, as shown in Figure 2, should clearly demonstrate and articulate how environmental, economic and social development sustainability principles are satisfied, and meet the following conditions: a. the total area of land to be subdivided excluding undevelopable land, such as land in the ALR, watercourses, riparian areas, slopes in excess of 3:1 (30%), divided by the number of lots to be created is no greater than the density permitted under the Zoning bylaw, b. the parcel configuration and sizes are adequate to accommodate buildings and structures appropriate to the intended use and in compliance with the Zoning bylaw, Cluster housing example c. that (i) a land use designation restricting further development, or (ii) a restrictive covenant is registered in the name of the RDOS against the title of the land at the time of registration of the subdivision, prohibiting the further subdivision of the undeveloped parcel(s), d. a long term management plan, including responsibilities and actions, for the future management of the remaining, protected area. Growth Management

26 19 FIGURE 2 CLUSTER DEVELOPMENT example Development Summary 25 ha property 8 3+ ha lots 686 m new roads no protected open space Development Summary 25 ha property 8 2+ ha lots 655 m private drive 7 ha protected open space Source: University of Minnesota Extension Service, 2001 Growth Management

27 AGRICULTURE 8.1 Background Agricultural land is a major influence on the physical layout of the community, and the rural character it creates is important to residents of Naramata. Major agricultural uses currently include tree fruit and grape production, and pasture. Secondary agricultural industries include fruit packing and processing, wineries, wholesaling and retailing, tourism, and product sales. Lands designated as Agriculture in Schedule B include areas with potential for Naramata vineyard, view of Okanagan Lk agricultural operation or activity generally including but not limited to the production of livestock, poultry, farmed game, fur bearing animals, crops, fruit, grain, vegetables, milk, eggs, honey, mushrooms, fiber crops and horticultural and aquaculture products, as well as activities associated with the production and processing of these items. Agricultural land primarily includes land in the ALR. Agriculture operations and activities, such as livestock grazing, are also dependent on lands located outside of the Agriculture designation in Schedule B. 8.2 Objectives 1. To preserve agricultural land with continuing value for agriculture for current and future production, and to protect this land from uses which are inconsistent with agricultural use or are incompatible with existing agricultural uses in the area. 2. To minimize conflicts between agriculture and other land uses. 3. To encourage the agricultural sector s improvement and expansion by pursuing supportive land use policies within and adjacent to farming areas. 4. To support any ALR boundary changes initiated by the Province arising from joint local government and ALC initiatives which review agricultural suitability in the Plan area, provided affected landowners are notified and have opportunity for input. 5. To support a strategy for diversifying and enhancing farm income by creating opportunities for uses secondary to and related to the agricultural use. 6. To discourage non-agricultural residential use of agricultural land. Agriculture

28 21 Map 2: Agricultural Land Reserve Okanagan Lake City of Penticton Agriculture

29 Policies The Regional Board: 1. Directs that the principal use of lands designated as Agriculture in Schedule B shall be agriculture. 2. Encourages all land use and subdivision of land within the ALR to be in accordance with the provisions of Provincial Acts and Statutes, associated regulations, and orders and decisions of the Province. 3. Will work with the Province to ensure that new development adjacent to agricultural areas provides sufficient buffering in the form of setbacks, fencing, and landscaping consistent with Provincial specifications. 4. Encourages the rural area to participate in the creation of an Agricultural Advisory Committee to consider and advise the Board on agricultural matters, and the preparation of an Agricultural Area Plan. 5. Permits parcel sizes to vary depending on respective land use designation and decisions of the Province, but generally shall not be smaller than 4.0 ha for commercial operations of vine growing and other compatible agricultural uses. 6. Will consider applications to subdivide parcels smaller than 4.0 ha within the ALR, subject to approval of the Province, in the following cases: a. for a homesite severance under Provincial Acts and Statutes; b. where the subdivision or boundary adjustment will allow for more efficient use of agricultural land or the better utilization of farm buildings for farm purposes; and c. where the community interests in the subdivision of the land outweigh the community interests in the retention of the land in a larger parcel. d. In these cases, the individual parcel sizes within the Agriculture designation are subject to approval by the Province, and must meet minimum parcel size required to meet the Provincial regulations for septic disposal fields. 7. Supports the consolidation of legal parcels that support more efficient agricultural operations. 8. Supports the planning of new and modified roads, utility and communication corridors in the Plan area that avoid disruption and fragmentation of existing and potential agricultural land. 9. Supports the fire management policies set out in Section 16.4 for any proposed residential uses. 10. Supports directing intensive agricultural operations to larger lots or increasing building setbacks and other possible mitigation measures in the Zoning bylaw or separate Farm Bylaw to prevent potential conflicts with adjacent uses, subject to compliance with Provincial Acts and Statutes, and associated amendments to the Local Government Act, and applicable provisions of the Community Charter. Agriculture

30 Supports the preservation of environmental values, and where possible conserved providing they do not interfere with agricultural practices and Provincial Acts and Statutes, and associated amendments to the Local Government Act, and applicable provisions of the Community Charter. 12. Provides for property owners or occupiers to diversify and enhance uses secondary to agricultural uses with home industry, home occupation, or bed and breakfast establishment business opportunities. 13. Encourages secondary value added uses such as agri-tourism for the purpose of diversifying and enhancing farm income, provided that these developments are compatible with the agricultural character of the area, and that they do not present a potential land use conflict with surrounding properties. 14. Encourages the development of an Agricultural Plan. The purpose of this Plan is to review agricultural issues, review overlapping regional, Provincial and Federal management tools, outline management options, and determine actions and policies within the mandate of a Regional District that are supportive of agriculture. 15. Will consider second dwelling applications within the ALR in accordance with second dwelling policies established in the implementing Zoning bylaw, and reflective of the views of the farming community. 16. May consider appropriate provisions for tourist commercial uses in the implementing Zoning bylaw. For land within the ALR, such uses must be approved by the Province. 17. Discourages large scale industrial development on agricultural land, and directs it to the City of Penticton which has the necessary infrastructure and support services. May consider pre-existing medium scale industrial development up to 600 m 2 on agricultural land where there are clear and demonstrated benefits to the community, and where there is a majority of community support for the use. Applications to permit industrial development in the rural area should clearly articulate the need for it, analyse its impact on the rural community, restrict future expansion, and demonstrate how it will respect the character of the rural area. The Regional Board will use the following criteria to assess future applications: a. the use existed prior to the date of adoption of the current OCP bylaw; b. provides for impact mitigation strategies where land uses may be conflicting and/or incompatible, including but not limited to noise mitigation, hours of operation, management of waste, storage, and pollution, c. provides access without constructing new roads or utility corridors through ESAs, the ALR, and without creating a permanent visible scar on slopes; d. provides for development of new, or upgrading of existing, roads and community services; e. provides for screening from adjacent land uses and designations, and to lessen visual impacts where development is proposed on hillsides or in critical views; and, Agriculture

31 24 f. has available fire protection services; and, g. provides for collection and retention works for surface runoff, and collection and treatment works for domestic wastewater. Agriculture

32 RESOURCE AREA 9.1 Background For the purpose of this section, Resource Areas are described as large parcels of land, primarily 20 ha or greater, and includes both private and/or Crown land. Typical uses include forest land, grazing or range land, public recreation areas, watershed, and resource extraction areas. Although it is recognized that local land use designations do not apply to the Crown, the 20 ha minimum parcel size is still applied to Crown land in order to provide regulations upon alienation, and to address Crown leases. Looking west over Naramata 9.2 Objectives 1. To recognize that much of the land designated as Resource Area in the Plan area is part of the Okanagan Provincial Forest, and to minimize conflicts between these lands and other land uses. 2. To maintain the rural character and compatibility of land designated Resource Area. 9.3 Policies The Regional Board: 1. Recognizes that a Resource Area designation includes those uses compatible with larger parcels. 2. Supports a 20 ha minimum parcel size for Resource Area designations in recognition that these areas will remain rural with limited community services and infrastructure. 3. Recognizes the jurisdiction of the Province over public Crown land. 4. Generally supports Provincial policies on protection and use of working forests and grass land, and discourages development that might conflict with forestry, livestock and grazing operations and management, or protection of important habitat. 5. Supports the OSLRMP as a means to ensure that local government concerns are addressed regarding visual, recreation, timber, range, important habitat and other resources in the Plan area. Resource Area

33 26 6. Encourages cluster housing development based on examination of the criteria set out under Section Will support only those open land recreation use proposals that clearly satisfy sustainable environmental, economic and social development principles, and demonstrate appropriate screening between potentially conflicting uses. 8. Supports the fire management policies set out in Section 17.4 for any proposed residential uses. 9. Provides for property owners or occupiers to diversify and enhance uses secondary to Resource Area uses with home industry, home occupation, or bed and breakfast establishment business opportunities, provided that these developments are compatible with the rural character of the area. 10. May consider residential development proposals for Sublot 16, Plan 1190, District Lot 2711, SDYD, predicated on concurrent development of adjacent land within the City of Penticton. If development is proposed for this area, the City of Penticton will be encouraged to consider incorporating Sublot 16 within the City, to integrate the development with adjacent residential development. Resource Area

34 RURAL HOLDINGS 10.1 Background Rural holdings include land use designations for Small Holdings and Large Holdings, and range from medium to large sized parcels. The Small Holdings designation includes medium sized parcels of land generally used for rural residential, part time farming, limited agriculture, limited resource management, home industry uses and other uses that fit with the character of the area. The Large Holdings designation, typically smaller than Resource Area parcels, includes large parcels of land generally used for ranching, grazing, general resource management, outdoor recreation, fish and wildlife habitat, and other uses that fit with the character of this area. Large Holdings areas are generally undeveloped except for limited utility and public access corridors, as well as one principal single detached dwelling per parcel Objectives 1. To retain and enhance the rural character of rural holdings. 2. To retain land designated Large Holdings in as natural a state and at a low density of development to the greatest extent possible. 3. To preserve and protect areas with significant wildlife or habitat value and other ESAs and encourage conservation stewardship within the Large and Small Holdings designations. 4. To minimize the effects from wildfires from the interface area where residential development adjoins forested areas and where there is an identified wildfire hazard Policies The Regional Board: 1. Establishes that Small Holdings designations provide for a rural or semi-rural, country residential lifestyle ranging in minimum parcel size from 0.4 ha to 4.0 ha. 2. Establishes that Large Holdings parcel sizes should be 4.0 ha and greater to ensure that large parcels of land in these areas are protected. 3. Considers that a proposal to create additional land designated Rural Holdings should clearly demonstrate and articulate the need for it in the context of its impact on the community, and will use the following criteria to assess future applications: a. capability of the natural environment to support the proposed development; b. capability of accommodating on-site domestic water and sewage disposal; Rural Holdings

35 28 c. impact on important habitat and riparian areas in the natural environment; d. susceptibility to natural hazards including but not limited to flooding, slope instability or wildfire risk; e. compatibility with adjacent land uses and designations, and the character of the existing area; f. proximity and access to existing roads and other community and essential services; g. consideration of visual impacts where development is proposed on hillsides and other visually sensitive areas; and h. type, timing and staging of the development. 4. Considers that new Small Holdings may be created from Large Holdings, but that the continuity of the Large Holdings designations remain largely intact, and that the proposed development respect the character of the surrounding area in addition to meeting those criteria listed above for new Rural Holdings. 5. Encourages voluntary environmental stewardship on private land within rural holdings designations. 6. Encourages the Regional Subdivision Approving Authority to ensure that development or subdivision located within Rural Holdings areas allow for public access to Crown land. 7. Encourages cluster housing development based on examination of the criteria set out under Section Supports the wild fire hazard prevention policies set out in Section 16.4 for any proposed residential uses. 9. Provides for property owners or occupiers to diversify and enhance uses secondary to rural holdings with home industry, home occupation, or bed and breakfast establishment business opportunities, and including affordable housing in the form of secondary suites, provided that these developments are compatible with the rural character of the area. Rural Holdings

36 RESIDENTIAL 11.1 Background This section outlines the objectives and policies for Low Density Residential and Medium Density Residential designations in the Plan area. Low Density Residential development generally includes single detached housing, Top 5 qualities of living in Naramata: 1. Small community with communication and cooperation 2. Physical environment & climate 3. Inspirational settings 4. Love of the town & people 5. Demographic diversity (Source: 2004 Survey of Naramata Residents) manufactured homes, duplexes, small parks, and other buildings and uses that fit with the low-density character of the designation. Typically, this designation is found adjacent to the Naramata townsite. Medium Density Residential development generally includes triplexes, fourplexes, townhouses, apartments and other uses that fit with the residential intent of the designation. This designation is currently limited to the Naramata townsite. The Plan recognizes that medium density residential development will be directed to existing settlement areas, such as the Naramata townsite or the City of Penticton, which is better able to function as service centers Objectives 1. To achieve housing choice by encouraging a variety of residential locations, types and densities in order to accommodate different socio-economic groups, age groups and lifestyles in Naramata. 2. To encourage home-based businesses in Naramata as a means of strengthening the economic base. 3. To support a strategy of directing low and medium density residential Naramata townsite heritage home development to the Naramata townsite or the City of Penticton where services and amenities are more readily available. High density development is not encouraged. 4. To manage residential growth in a way that protects the existing quality of life for rural residents, and minimizes negative environmental impacts. 5. To reduce the potential of natural hazards in new residential areas. Residential

37 30 6. To encourage high standards that maintain and enhance rural character for subdivision design, site development, building design and landscaping for various types of residential developments General Residential Policies The Regional Board: 1. Will assess and evaluate proposed residential development based on the following criteria, in addition to the criteria found in Low and Medium Density Residential policies where appropriate: a. capability of accommodating on-site domestic water and sewage disposal; b. impact on farm land; c. capability of the natural environment to support the proposed development, and its impact on important habitat and riparian areas; d. susceptibility to natural hazards including but not limited to flooding, slope instability or wildfire risk; e. compatibility with adjacent land uses and designations, and how its form and character enhances the character of the rural area; f. proximity and access to existing road network, and other community and essential services; g. mitigation of visual impacts where development is proposed on hillsides and other visually sensitive areas; h. type, timing and staging of the development. 2. Encourages the infill of vacant residential parcels before developing new residential areas. 3. Encourages future residential development to locations away from Okanagan Lake to protect this important resource, reducing human impact on the lake and maintaining and improving water quality and habitat, and encourages a strong component of redesign for redevelopment of areas adjacent to the lake. 4. Encourages a variety of housing tenures and organizational frameworks, including affordable housing, seniors housing, lease, rental, strata title, and cooperative housing. Housing projects of this nature are encouraged to locate in the Naramata townsite, provided adequate services are available to support it. 5. Will consider the servicing capability of accommodating on-site domestic water and sewage disposal, or availability of community water or sewer. 6. Will work with the Province to ensure that new development adjacent to agricultural areas provides sufficient buffering in the form of setbacks, and mitigation works consistent with Provincial specifications. 7. Supports the wildfire hazard prevention policies set out in Section 17.4 for any proposed residential uses. Residential

38 31 8. Will regulate home occupations in residential areas to maintain the residential character of an area, and ensure that the home occupation does not have a negative impact on the quality of life enjoyed by residents of the area, nor generate undue conflicts with adjacent property owners and residents. 9. Provides for affordable housing in the form of permitting secondary suites in certain residential designations subject to specific regulations. 10. Develop a report on providing more housing options for Naramata. The goal of that report will be to determine ways to provide more housing variety and options. The report will include a public process and will: a. Investigate further strategies and guidelines to provide for affordable, rental, or special needs housing, considering Section b. Investigate the conditions that would allow carriage homes secondary to a main residence on a property provided there are guidelines that deal with size, parking, overlook of neighbouring properties, fencing and buffering, and character. c. Investigate and encourage a variety of housing options including varied tenure and forms of dwellings within specific neighbourhoods. 11. May consider a land use designation amendment application for future residential and/or commercial developments for the Naramata Cooperative (Lot 1, Plan 41817, District Lot 210, NARAMATA TOWNSITE). Retain agricultural industry uses in the interim Low Density Residential Policies The Regional Board: 1. Considers that new Low Density Residential development may be created in the rural area, but that the development must respect the character of the rural area, and therefore, the Regional Board will use the following criteria, in addition to those listed under General Residential and Medium Density Residential policies where appropriate, to assess future development: a. impact on farm land; b. location near parks or community facilities, and connected by pedestrian circulation to these amenities; c. exhibits an attractive and safe streetscape by providing for adequate off-street parking requirements, on-site landscaping and screening, and appropriate signage; d. respects lake and mountain views, and access to sunlight of adjacent properties; and, e. provides access without constructing new roads or utility corridors through ESAs, ALR, hazard areas, and without creating permanent scarring on slopes visible from major roads or residential areas. Residential

39 32 2. Provides for affordable housing in the form of permitting secondary suites in certain Low Density Residential designations, with the exception of duplexes, and subject to specific regulations. 3. Encourages cluster housing development based on examination of the criteria set out under Section Supports small-scale, home-based service, commercial, and industrial uses in low density residential areas, providing such uses shall not conflict with the residential character of the area Medium Density Residential Policies The Regional Board: 1. Directs that the maximum density for development in Medium Density Residential development is 50 units per ha. 2. Directs that new Medium Density Residential development shall be connected to a community water system, or alternate sewage treatment system approved by the Province for this density. 3. Strongly discourages Medium Density Residential development within the rural area, and instead, directs it to the Naramata townsite or the City of Penticton. Therefore, a proposal to create more Medium Density Residential in the rural area should clearly articulate the need for it, analyse its impact on the rural community, and demonstrate how it will respect the character of the rural area. The Regional Board will use the following criteria, in addition to those listed under General Residential and Low Density Residential, to assess future development: a. impact on farm land; b. location near or adjacent to parks and community facilities, and connected by pedestrian circulation to these amenities; c. provides for development of new, or upgrading of existing, roads and community services; d. provides for adequate off-street parking requirements, on-site landscaping and screening, and appropriate signage; e. provides for collection and retention works for surface runoff, and collection and treatment works for domestic wastewater; and f. provides for solid screening from adjacent land uses and designations, and to lessen visual impacts where development is proposed on hillsides or in critical views. 4. Supports minimization of intrusion of Medium Density Residential development where it adjoins farm land: a. buffering in accordance with Provincial regulations; Residential

40 33 b. setting the ground floor of the multiple dwelling building back far enough from the agricultural use in order to minimize potential conflicts; and c. designing the building to step back from the agricultural land as the building increases in height. 5. Encourages cluster housing development based on examination of the criteria set out under Section Directs that affordable or community care housing be included in Medium Density Residential and Administrative/Institutional designations, and observes the following: a. considers using development variance permits and new land use designation districts in the Zoning bylaw to encourage the provision of affordable or community care housing; b. reviews the Zoning bylaw to consider allowing higher densities (density bonus) or exclusions in return for the developer providing affordable or community care housing; c. strongly encourages affordable housing equating to a minimum of 10% of the total number of housing units; d. encourages mixed-use developments (e.g. residential integrated with commercial); e. works with non-profit groups in conjunction with the Provincial Housing Program or any other senior government program; f. explores partnerships with non-profit groups or organizations to find innovative ways to develop non-profit housing outside senior government funding programs (e.g. Habitat for Humanity); g. supports co-operative housing choices; h. encourages entry level and affordable housing choices through various mechanisms including carriage houses (accessory dwelling, typically above garages), duplexes in appropriate locations, and small house/small lot options; i. encourages housing agreements, under authority of Local government legislation, as a method to achieve affordable or community care housing as a condition of development, and; j. considers affordable or community care housing when reviewing options for using land held by the RDOS, or land acquired by the RDOS in the future. 7. Directs that Medium Density Residential designations provide for multi-family residential dwellings such as triplexes, fourplexes, townhouses, condominiums, and apartments to a maximum of two storeys in height. 8. Considers General and Tourist Commercial zones in medium density residential areas based on their contribution and impact to the general residential character of the area. Residential

41 COMMERCIAL & HOME INDUSTRY 12.1 Background Commercial development in the Plan area is currently limited mainly to a small area in the Naramata townsite. The Plan recognizes general commercial and tourist commercial developments under the same Commercial land use designation. The Plan recognizes that large scale service, industrial, and commercial development will be directed to existing settlement areas, such as the City of Penticton, which are better able to function as service centers. Home industry in the Plan area is limited to small scale only. Naramata Heritage Inn 12.2 Objectives 1. To provide for small scale commercial activities servicing the needs of local residents and tourists, expanding services as future growth may dictate. 2. To minimize land use incompatibility and conflicts between commercial activities and surrounding land uses. 3. To ensure that all commercial development is in scale with and appropriate to the character of the rural community and its natural environment. 4. To support a strategy of directing commercial development to the Naramata townsite or the City of Penticton where services and amenities are more readily available. 5. To support economic development through home industry and home occupation, reflective of the community character Policies The Regional Board: 1. Recognizes the maintenance and enhancement of existing commercial land uses, and supports new small scale commercial development so that a broader employment base may be achieved. 2. Encourages, through responsible environmental practices, future commercial development to locate away from water and watercourses to reduce human Commercial

42 35 impact on the lake, and in order to maintain and improve water quality and habitat. 3. Encourages commercial development away from Naramata Road to protect the visual character of the rural area, and to achieve a proper distribution of traffic flow throughout the road network. 4. Will consider small scale commercial development proposals that reflect the needs of the local community and the anticipated demand from the traveling public, and will use the following criteria, in addition to the criteria for large scale service and commercial development where appropriate in the following policy, to assess future development: a. capability of accommodating on-site domestic water and sewage disposal; b. capability of the natural environment to support the proposed development; c. compatibility with adjacent land uses and designations, and the character of the existing area; d. susceptibility to natural hazards including but not limited to flooding, slope instability or wildfire risk; e. mitigation of visual impacts where development is proposed on hillsides and other visually sensitive areas; f. proximity and access to existing road network, and other community and essential services; g. exhibits an attractive and safe streetscape by providing for adequate off-street parking requirements, on-site landscaping and screening, and appropriate signage; and, h. type, timing and staging of the development. 5. Discourages large scale service and commercial development, particularly on agricultural land, and directs it to the Naramata townsite or the City of Penticton which has the necessary infrastucture and support services, and therefore, a proposal to introduce major commercial development in the rural area should clearly articulate the need for it, analyse its impact on the rural community, and demonstrate how it will respect the character of the rural area. The Regional Board will use the following criteria, in addition to the criteria in the former policy for small scale commercial development, to assess future applications: h. provides access without constructing new roads or utility corridors through ESAs, the ALR, and without creating a permanent visible scar on slopes; i. provides for development of new, or upgrading of existing, roads and community services; j. provides for screening from adjacent land uses and designations, and to lessen visual impacts where development is proposed on hillsides or in critical views; and, k. has available fire protection services; and, Commercial

43 36 l. provides for collection and retention works for surface runoff, and collection and treatment works for domestic wastewater. 6. Supports public recreation, resort commercial, agri-tourism and eco-tourism opportunities such as trail rides, campgrounds and/or wilderness tours, providing they do not have a previously demonstrated detrimental impact on important habitat or riparian areas or adjacent land uses. Additionally, it is recognized that both motorized recreation use and mountain bike use can impact environmental values. Detrimental impacts may be abated through the provision of signage and educational guidelines. 7. Encourages an attractive and safe highway streetscape by including provisions for adequate off-street parking requirements, landscaping and screening, height requirements, signage and drainage within the implementing bylaws for commercial uses. 8. May consider application for future residential and/or commercial land use redesignation for Lot 1, Plan 41817, District Lot 210, NARAMATA TOWNSITE, SDYD ( nd Street). Commercial

44 AGGREGATE AND MINERAL RESOURCES 13.1 Aggregate and Mineral Resources Objectives 1. To protect non-agricultural lands having recoverable aggregate or mineral resources from development or adjacent uses that would limit or prohibit extraction. 2. To minimize conflicts between sand and gravel processing operations and adjacent land uses. 3. To support the Province to require rehabilitation and reclamation of resource extraction sites Aggregate and Mineral Resources Policies The Regional Board: 1. Requires the removal of aggregate and mineral resources to be subject to Provincial requirements. The Province is encouraged to refer mineral exploration proposals to the RDOS for comments and give due consideration to the impact of resource extraction activities on surrounding land uses and developments. 2. Will consider land use designation amendment applications for the processing of aggregate resources on the basis of a variety of criteria, including: a. extent of visual screening, and other mitigation works proposed; b. type of processing proposed; c. prevailing wind direction, and the potential for noise and dust; d. compatibility with adjacent land uses; e. environmental sensitivity of the site, and adjacent land; f. accessibility; and g. characteristics of aggregate deposits and groundwater resources. 3. Strongly encourages the Province to seek full community support before Crown land is utilized for aggregate processing. 4. Encourages the Province not to issue new surface leases and permits for mineral processing near designated residential areas unless effective mitigation measures can be implemented to significantly reduce or nullify the effects of the proposed activity. 5. Encourages the Province to include in their licensing the rehabilitation of aggregate extraction and processing sites after extraction and processing are completed. 6. Will consider permitting sand or gravel extraction or processing if the land is located in the ALR only when in conformity with a decision of the Province. Aggregate and Mineral Resources

45 38 7. Will consider implementing conditions set by the Province to mitigate the impact of aggregate extraction and processing sites. 8. Will consider the utilization of recoverable deposits prior to subsequent development in areas where recoverable deposits are located. 9. Will consider that any mineral or mining management activity relating to the exploration or production of minerals, sand, gravel, coal or quarries that is classified a "mineral" or a "mine" under Provincial Acts and Statutes not be restricted by any terms or conditions of this bylaw so long as the Province manages the activities and land for that purpose. Aggregate and Mineral Resources

46 ADMINISTRATIVE, CULTURAL AND INSTITUTIONAL 14.1 Background The Administrative, Cultural and Institutional land use designation generally refers to public, non-profit or utility uses such as schools, churches, recreation facilities, community centres, public health facilities, community care facilities, fire halls, libraries, post offices, and local government and improvement district buildings. Cultural and historic sites are also included within this designation. The Plan recognizes that administrative, cultural and institutional development will generally be directed to existing settlement areas, such as the Naramata townsite or City of Penticton, which are better able to function as service centers. Chapel, Naramata Centre 14.2 Objectives 1. To support a strategy of directing administrative and institutional development to areas where services and amenities are more readily available, and where they best serve the needs of residents. 2. To recognize and validate heritage, cultural and historical sites in cooperation with appropriate Provincial ministries, committees, societies and organizations Policies The Regional Board: 1. Generally discourages administrative and institutional uses from locating in rural areas, particularly on agricultural land, and directs them to the areas which have the necessary infrastructure and support services, and therefore, a proposal to introduce this type of development in the rural areas should clearly articulate the need for it, analyse its impact on the rural community, and demonstrate how it will respect the character of the rural area. 2. Supports locating fire halls and community halls and parks in the rural area as development requires, and the needs of the community change. 3. Supports the Province, senior governments, including aboriginal communities and interest groups in identifying and protecting features and sites of scenic, architectural, historical or archaeological significance within the Plan area. Administrative, Cultural, Institutional

47 40 4. Encourages the development community to consider cultural and heritage resources in project planning and design. 5. Supports the joint use of school facilities by students and the public for their educational and recreational needs. Administrative, Cultural, Institutional

48 NATURAL ENVIRONMENT 15.1 Background The South Okanagan and Lower Similkameen are recognized as regions that combine a tremendous diversity of habitats with unique species, many of which are not found elsewhere in British Columbia or Canada. The South Okanagan also has the most number of endangered and threatened species of plants and animals in British Columbia and Canada. In addition, the land is an important provider of surface and ground water supply. This section outlines the RDOS policies and objectives in support of the protection and conservation of the natural environment of the RDOS Rural area. North Naramata For the purpose of protecting environmentally sensitive areas (ESAs), which includes riparian, shrub-steppe, forested lands, rugged terrain and aquatic areas, ESAs have been identified through Provincial inventory and designated as requiring a development permit, as described in Section 19.0 of this Plan. The RDOS Sensitive Ecosystem Inventory (SEI) is a co-operative effort among the Provincial and Federal governments and RDOS to inventory rare and fragile ecosystems of the area. The information is derived from a combination of aerial photography and terrestrial ecosystem mapping, and supported by selective field checking of the data. SEI is a flagging tool that provides scientific information and support to local governments and others who are working to maintain biodiversity. This information provides a useful basis for private land stewardship and land use planning. Environmentally sensitive land is also protected by the designation of Conservation Areas. A conservation area is land that is preserved and protected for its unique natural value, land left in a natural or semi-natural state for the purpose of conserving plant life and providing habitat for wildlife or fish. It may be held by the Federal government, Provincial government, The Nature Trust, The Land Conservancy, an individual, the public or organizations interested in conservation for the prime purpose of conserving natural habitat. The Provincial and Federal governments have a number of guideline documents that may be considered to supplement the RDOS environmental standards and policies. These guidelines focus on environmental and watercourse protection and enhancement, including: Natural Environment

49 42 Land Development Guidelines for the Protection of Aquatic Habitats; Stream Stewardship: A Guide for Planners and Developers; Community Green Ways, Linking Communities to Country and People to Nature, and; Best Management Practices for Urban and Rural Development Objectives 1. To foster an awareness of the natural environment and to protect ESAs from negative impacts from development. 2. To maintain high water quality in surface water, groundwater and aquifers. 3. To encourage rehabilitation, restoration and enhancement of ESAs which have been subject to negative impacts in the past. 4. To regulate Provincially the siting and environmental design of development near floodplains, the waterfront and watercourses. 5. To adhere to Federal Acts and Statutes by protecting all wildlife and fish habitats, including riparian corridors. 6. To link protected ESAs in a system of ecosystem networks. 7. To encourage Provincial and Federal governments, private organizations and private landowners to protect, enhance and manage sensitive habitat areas for endangered or threatened species in the Plan area. 8. To recognize and support the OSLRMP as a means to ensure that local government concerns are addressed with respect to the management of natural resources, protected areas, and Crown land in the Plan area. 9. To protect the wilderness and rural areas of Naramata, including ESAs, from development that would substantially reduce the size and character of these areas Policies The Regional Board: 1. Recognizes environmentally sensitive land and designates it development permit in the ESDP Area. Land identified as environmentally sensitive shall be retained in its natural state or developed according to guidelines outlined in Section 19.2 of this Plan. The ESDP Area is identified in Schedule D. 2. Recognizes and encourages committees of the Regional Board to make recommendations to the Regional Board on the policies of this Plan, and other local, Provincial and Federal proposals or regulations regarding the natural environment. Natural Environment

50 43 3. Will consider an Environmental Impact Assessment (EIA) Report prepared by a Qualified Environmental Professional (QEP) where a proposed development is located within environmentally sensitive land. Development located in ESDP areas will be subject to the policies outlined in Section 19.2, as well as Provincial best management guidelines. 4. Directs that the terms of reference for the EIA report, developed by the Province and/or RDOS, guide the preparation of the EIA report by a QEP. The report will follow provincial best management practices, be referred to committees of the Regional Board, and in some cases be referred to the Provincial and/or Federal governments. An EIA report for development within the ESDP Area may be considered prior to; a. redesignating land to a higher density of use than currently permitted; b. subdivision of land, as set out in Section 19.2 of this Plan; c. development of land; d. proposed cluster developments. 5. Encourages consultation with the Provincial and Federal governments and committees of the Regional Board to mitigate the impacts of farm practices, while balancing farm business interests, on environmentally sensitive land in the ALR. 6. Will not permit redesignation of land use in the OCP or the Zoning bylaw or development on environmentally sensitive land in the following cases: a. where it is determined that the redesignation or development would have a significant negative impact, as determined by Provincial and Federal governments, and/or committees, and/or the EIA Report; b. where the redesignation or development will result in the loss of significant portions 4 of habitat of red-listed species or riparian areas, as determined by the Provincial government; c. where the redesignation or development will result in the loss of significant portions of riparian areas, as determined by the Federal government; d. where it is determined that the redesignation or development is contrary to the guidelines in Section 19.2 of this Plan; and e. where the impact cannot be mitigated to a level acceptable to the Regional Board, based on the assessment by Provincial and Federal governments, and/or committees of the Regional Board. 7. Requires that park and trail corridors within the ESDP Area are incorporated where possible, and where the impacts on the ESDP Area can be mitigated to the satisfaction of the Provincial and Federal governments, and/or committees of the Regional Board. 8. Encourages the retention of larger parcels of land within and adjacent to the ESDP Area. 4 Either the Provincial analysis or the EA report will determine what constitutes a significant portion Natural Environment

51 44 9. Directs avoiding crossing ESDP Areas by road or utility, and minimal intrusion when crossings are unavoidable. 10. Discourages development that will have a negative environmental impact on lake foreshore. 11. Will work with agencies and individuals to limit the number of wharves or docks, encourages the sharing of such structures, and considers adopting design guidelines for their placement and construction. 12. Will co-operate with senior governments to provide a coordinated strategy for the stewardship of riparian assessment areas, in keeping with the general intent of the Riparian Areas Regulation, to ensure that no harmful alteration, disruption and/or destruction of fish habitat occurs. 13. Supports the objectives of the Province contained in the BC Stewardship Centre Stewardship Series documents, Stream Stewardship: A Guide for Planners and Developers, and Stewardship Bylaws: A Guide for Local Government, which describe measures for: a. providing and protecting vegetated riparian areas adjacent to watercourses; b. controlling soil erosion and sediment in run-off water; c. controlling the storm water rates of run-off to minimize impacts on watercourses; d. controlling in-stream work, construction and diversions on watercourses; e. providing support to a stewardship program; f. maintaining fish passages in watercourses; and g. preventing the discharge of deleterious substances into watercourses. 14. Will consider amending the Zoning bylaw to provide density bonuses and density averaging as a method of clustering development in order to protect environmentally sensitive land. 15. Encourages the retention of existing wildlife corridors within and outside ESAs. 16. Encourages the protection, preservation, enhancement and management of ESAs or land contiguous to ESAs through the following methods: a. encouraging conservation organizations to secure priority habitat by purchase, conservation covenant or other options; b. securement of a minimum of 12% 5 open space in settlement areas, or as a minimum acquisition of the areas as part of a 5% parkland dedication; c. encouraging the donation of the areas to the RDOS, The Nature Trust, The Land Conservancy, or other conservation organizations; d. establishing conservation covenants under Provincial Acts and Statutes; 5 As suggested in the widely accepted 1987 report Our Common Future, Brundtland Commission. Natural Environment

52 45 e. acquiring statutory rights-of-way under Provincial Acts and Statutes; f. entering into long-term leases for the area; g. encouraging private land stewardship and participation in stewardship or conservation initiatives; and h. encouraging the Provincial government to allow tax incentives or other appropriate initiatives for land owners who protect ESAs. 17. Recognizes the importance of containing and controlling noxious weeds through the continued endorsement of weed prevention and control initiatives. 18. Recognizes and encourages the educational and eco-tourism contribution toward protection of the community s natural environment made by environmental organizations, and supports accommodating these uses with the necessary changes to the land use designations so long as the general intent of policies in this Plan are met. 19. Considers revisions or additions to the ESDP and WDP areas as an amendment to the OCP bylaw where more detailed site investigations are conducted and verified by the Province. 20. Supports Provincial policy for the protection of wildlife habitat on District Lot 370 (portion of Kettle Valley Railway right of way). 21. Encourages local agencies and Provincial government to provide adequate water flow in fish bearing creeks at critical times (e.g., Fall until late Spring for Kokanee stream spawning) for the protection of fish and aquatic habitat. 22. The Board will co-operate with senior governments to provide a coordinated strategy for the stewardship of riparian assessment areas, in keeping with the general intent of the Riparian Areas Regulation, to ensure that no harmful alteration, disruption and or destruction of fish habitat occurs. 23. The Board will consider the application of policies prescribed in the publication by the Province entitled Urban Runoff Quality Control Guidelines for the Province of British Columbia. Natural Environment

53 HAZARD LANDS 16.1 Background Hazard lands include, but are not limited to areas the RDOS has reason to believe are subject to natural hazards including flooding, mud flows, torrents of debris, erosion, rock fall, landslip, sink holes, and avalanche and wildfire Objectives 1. To prevent development in areas subject to known hazardous conditions, unless the hazard has been sufficiently addressed. 2. To prevent injury and loss of life and to prevent or minimize property damage as a result from natural hazards. 3. To recognize that important habitat may also be found in natural areas that are considered hazardous, and that disruption of these areas should be minimized. 4. To support existing and on-going inventories and studies in order to further determine the nature, extent, and risk of development below, on, and adjacent to the lacustrine silt soils Hazard Lands Policies The Regional Board: 1. Will direct development away from those lands that may have a potential natural hazard, or have been identified as hazardous by the RDOS or other agencies having jurisdiction. 2. Will direct development away from lands identified to being susceptible to soil instability, potentially hazardous geotechnical conditions. 3. Requires new development areas with slopes and grades in excess of 3:1 to be reviewed for soil instability, potentially hazardous conditions and environmental sensitivity. Development shall follow the recommendations of a geotechnical report, and an EIA where ESAs exist, that have been prepared by a qualified professional to address the potential hazards and environmental sensitivity. Will consider preparing design guidelines to guide development in potentially unstable areas, especially those within the potentially hazardous lacustrine silt soil formations. 4. Discourages development of land susceptible to flooding. Lands subject to a general liability to flood should be used for parks, open space, habitat conservation, recreation or agricultural uses. 5. Requires that the construction and siting of buildings and structures to be used for habitation, business, industry, or the storage of goods damageable by flood Hazard Lands

54 47 waters to be flood proofed to Provincial standards where land that may be prone to flooding is required for development and no alternative is available Fire Management Policies The Regional Board: Wildfire 1. May request that the Regional Subdivision Approving Authority requires the developer to undertake a fire hazard risk assessment at the time of submitting a subdivision application where the Province indicates that a property may be subject to a moderate or higher fire risk. The Regional Board may require the same assessment during the land use designation amendment or development permit process. The assessment will provide a recommended fire hazard mitigation strategy, that will be submitted to both the RDOS and the Province, and is recommended to include, but is not limited to, the following: a. incorporating fuel breaks adjacent to or on the residential subdivisions; b. establishing zones around potential structures and homes which are clear of debris, highly combustible material or trees; c. utilizing fireproofing techniques and fireproof materials in building design; d. designing roads that provide evacuation routes and facilitate movement of fire fighting equipment; e. ensuring all roads are named and signed; f. ensuring availability of water supply facilities adequate for fire suppression; g. ensuring the provision of access to local water sources, lakes and watercourses as part of access requirements; h. implementing setbacks, interfacing fire protection standards, and building material standards pursuant to the Provincial publications The Home Owners FireSmart Manual and FireSmart: Protecting Your Community From Wildfire; and 2. Directs the Regional Subdivision Approving Authority to require that where a fire hazard mitigation strategy has been prepared the developer enter into a restrictive covenant to ensure the strategy is followed. 3. Encourages proactive wildfire mitigation programs to reduce the risk of wildfires in Naramata to the Moderate fire hazard risk as recommended by the Provincial FireSmart program. Prescribed burning 4. Promotes prescribed burning in areas where there is the potential for wildfire abatement and habitat enhancement Hazard Lands

55 48 5. Considers the use of prescribed burning to enhance forage production and riparian remediation 6. Where practical, coordinates and implements fire hazard reduction activities with priority areas for prescribed burning for ecosystem enhancement purposes. Community Fire Services 7. Supports protection of accesses to water sources such as hydrants, standpipes, lakes, and streams, and remain free of obstructions for fire protection purposes. 8. Encourages the Naramata Volunteer Fire Department to work with the RDOS to keep its emergency disaster plan up to date. Hazard Lands

56 SERVICING, TRANSPORTATION AND PARKS 17.1 Background The Plan acknowledges the advantages of orderly growth and pre-planning of subdivisions, and the disadvantages of high density un-serviced development or premature, uneconomic extensions of utilities and services. It also supports combining servicing with sound land use development principles for the protection of environmentally sensitive land. Naramata Wharf Park Utility services in the Naramata area include the provision of water by the RDOS Naramata community water system for irrigation and domestic purposes, electricity and natural gas distribution by the service providers. In addition, refuse disposal for the area is provided at the regional landfill facility at Campbell Mountain. The provision and use of water in the Plan area is a major issue. The Naramata water system diverts and stores water from Robinson and Naramata Creeks, and the east arm of Chute Creek. More recently, water is also supplied from Okanagan Lake. Areas outside of the Naramata water system are either supplied by private wells, or by small community systems such as Indian Rock. Increasing water consumption in the semiarid Okanagan and the possibility of water shortages are two issues of growing importance. The Plan sets out Schedule C Road and Trail Network Plan for current and future roads and trails proposed for the area. The Plan recognizes the importance of a mutually supportive partnership to acknowledge the plans and policies of both the RDOS and the Province. Parks are publicly owned areas that serve to protect natural environments and provide public recreation opportunities. Park land includes land owned by the RDOS for use as park land, land designated for park purposes, land designated as park on a subdivision plan, and Provincial parks. Park land also includes land or general areas which the RDOS may have an interest in for park in the future Servicing (Water, Sewage Disposal, Drainage and Other Utilities) Over the years, development has occurred with a variety of infrastructure providers and service levels. This led to a mixture of development standards depending upon when the development was initially constructed and what level of service was required at the time. Presently there is a community water system, but no community sewage. Septic Servicing, Transportation & Parks

57 50 and more recently, package sewage treatment plants, are the present forms of sewage treatment. Development cost charges (DCCs) are fees required of new development to incur the costs for impacts off the development site. DCCs ensure that the infrastructure upgrades required due to new development are fairly contributed to by that new development, and not passed on totally as a responsibility for the existing community. The water distribution system has been split into a domestic water supply and irrigation supply. Land use bylaw amendments requiring additional community water or expansions to the water service area will require the developer to follow the policies set by the Naramata Water Advisory Committee (NWAC) and the Regional Board. Water supply has historically been a limiting factor for development and is anticipated to continue as a major factor in the design and location of future developments Servicing Objectives 1. To ensure the coordinated and phased development of water, sewer and drainage. 2. To direct development to areas that can be best serviced by existing or planned utility services. 3. To ensure that water, sewer and drainage systems support good health and safety, and meet recognized standards of service. 4. To encourage the cooperation and coordination in the provision of other utilities that service existing and future developments, such as telephone, hydro and gas service. 5. To design service alignments to avoid disruption of environmentally sensitive land and riparian areas, or to fully mitigate or compensate for impacts of development to meet Provincial or Federal requirements General Servicing Policies The Regional Board: 1. Requires that new developments designated as development permit, or proposed subdivision areas requiring a land use designation amendment, that place significant demands on existing infrastructure to enter into a development agreement. It is intended that the developer incur costs for all upgrades, including design, associated with the increase in the related infrastructure. 2. Ensure that DCCs applicable to new developments are sufficient to cover the costs of the sequential upgrades made necessary by ongoing new development. Servicing, Transportation & Parks

58 Water Policies The Regional Board: 1. Requires that all new developments within the Naramata water service area are adequately serviced by a water supply system in accordance with the RDOS Servicing Bylaw. 2. Directs that new developments not restrict or limit the availability of water supply for agricultural irrigation. 3. Will liaise with the Province and the Plan area water purveyors to ensure an overall coordinated water management strategy for water quality and quantity. 4. Encourages that potential developers of lands adjacent or above the Kettle Valley Railway corridor and the north bench of Naramata undertake an engineering study for future expansion of the existing water system to these areas. 5. Recognizes a new water system in which all domestic and irrigation water will initially be supplied from Okanagan Lake. Irrigation water from upland sources will slowly be phased back in over time as the water system is split into a separate domestic and irrigation system. 6. Promotes water conservation, without reducing the beautification of the community, where possible and practical, by: a. Initiating water conservation initiatives where it is encouraged that: i. New designs, construction, and operation of public facilities are to be water efficient; ii. Any new construction shall contain low-flow fixtures; iii. Any new sprinkler systems shall be installed with timers and rain shut-off switches and existing systems shall be upgraded to meet this standard. b. Providing that irrigation regulations be in effect from April 1 through October 30 each year where even numbered addresses are allowed to water on even calendar days and odd numbered addresses are allowed to water on odd calendar days. c. Providing the public with educational material outlining the necessity for and the benefits of water conservation. The public shall be introduced to the three rules of water conservation reduce, repair and retrofit. d. Implementing a staged program where users incur the full cost of water and one sector does not unjustifiably subsidize another. e. Promoting the reduction of excessive irrigation and promoting the installation of sprinkler systems with timers and rain shut-offs. f. Promoting increased efficiency of agricultural irrigation water management. g. Reviewing bylaws as they come up for amendment or renewal with water conservation in mind. Servicing, Transportation & Parks

59 Sewage Disposal Policies The Regional Board: 1. Will coordinate efforts with the Province through a referral process to ensure that development follows the septic tank disposal field setbacks within ESAs. 2. Will consider amending the RDOS Servicing Bylaw to allow alternative sewerage system evaluation studies done at the time of subdivision. 3. Supports the recommendations and on-going review and updating of the 1994 Liquid Waste Management Plan for Naramata. 4. Encourages the development of a community sewer system where economically feasible. 5. Recognizes that on-site treatment (treatment plants and septic) is the existing type of sewage disposal in the Plan area. 6. Recognizes that residential density increases will require servicing upgrades, especially in the Naramata townsite area, and will work with the Provincial and Federal governments, District of Summerland, and City of Penticton to consider a future community sewer system. 7. Will consider suitable locations for community waste water treatment plant should such a plant prove to be desirable within the community Drainage Policies The Regional Board: 1. Encourages the Province, with support from the RDOS, to create a Drainage Master Plan in the Naramata area that accommodates anticipated growth, outlined in Section Encourages the review of stormwater management in new and existing developments by the Province. 3. Encourages the Regional Subdivision Approving Authority to require that each parcel of land within a proposed subdivision have a plan to address storm water runoff. Runoff must not have a negative effect on other parcels. 4. Coordinates efforts with the Province to monitor water quality runoff into major watercourses. 5. Will consider regulations that control or prevent discharge of construction silts, gravel and debris into natural drainage courses, streams, or onto agricultural lands or highways. Servicing, Transportation & Parks

60 Other Utilities Policies The Regional Board: 1. Encourages the cooperation and coordination of utility companies in utilizing existing corridors for multiple uses, where feasible and compatible as determined by the relevant service provider. 2. Encourages public utility companies and the Province to locate and develop utility corridors and roads in a way that will not have a negative impact on critical habitat areas, or on agriculture. 3. Encourages utility agencies to hold public meetings on proposed changes to their facilities that would affect Rural Naramata. 4. Encourages that future high voltage electrical transmission lines and corridors to locate outside of developed or urbanized areas. 5. Encourages public utility companies to locate and develop utility corridors either underground, or in areas that are not visually intrusive, where feasible. Servicing, Transportation & Parks

61 Transportation Transportation Objectives 1. To provide a road system that ensures the current and future role, performance goals and functional needs for Naramata Road to support the intra- and interregional movement of people and goods. 2. To ensure that future development patterns and land use decisions recognize and support highway safety and mobility objectives. 3. To recognize and minimize the impacts of transportation corridors on farmland, and important habitat in ESAs. 4. To achieve a coordinated open space system incorporating cyclists and pedestrians, and to encourage non-vehicular accessibility, respecting ESAs. 5. To designate a pedestrian route between the Arawana residential area and the Naramata townsite Transportation Policies The Regional Board: 1. Discourages continuous development along major roads in order to achieve a more efficient use of land and a proper distribution of traffic flow throughout the road network. 2. Encourages the development of land uses compatible with road noise and speed along the highway. 3. Supports the enhancement of cycling and pedestrian systems in new and existing developments, and the improvement of safety for walking and cycling along roads, while encouraging incorporation of sufficient buffering consistent with Provincial specifications and accommodation of the movement of agricultural machinery. 4. Supports the protection of future road rights-of-way identified and endorsed by the Province as set out in the Road and Trail Network Plan (Schedule C ). 5. Encourages the Province to ensure that traffic impact studies are undertaken for major development proposals so that: a. proposals are in accordance with the direction in the 1991 Electoral Area E Road Network Plan and subsequent amendments; b. existing and future roads and alignments are designed with due consideration for the protection of ESAs; c. safety and mobility is maintained through access management; d. disruption to farming operations is minimized; and Servicing, Transportation & Parks

62 55 e. projected traffic volumes do not reduce the present service levels for the existing roadway. 6. Recognizes the following policies concerning the Kettle Valley Railway (KVR) corridor: a. Designates the KVR corridor as a Public Corridor. This corridor is an integral component of the Trans-Canada Trail and the Naramata Rural Road and Trail Network Plan. The Board recognizes that there will be growth in the Naramata area, and that the Province maintains interest in utilizing the KVR corridor for transportation purposes if development needs in Area E are such that a secondary road is required. The community strongly discourages the development of any portion of the KVR for transportation purposes since it is a valued public recreation resource. b. Encourages the Province to ensure efficiency of the existing transportation system, prior to any development of the KVR corridor (e.g. investing in transit, providing safe places to walk, cycle, and access transit, and supporting initiatives which reduce the need to travel). c. Encourages the KVR corridor to be maintained as a Public Corridor. Where there is no other alternative for transportation purposes, Provincial and local government agencies will embark on a management planning exercise, with community input and support. It is encouraged that the KVR corridor be maintained where possible, and where not possible, be a separate route from the road surface. d. Discourages motorized use along the KVR corridor, with the exception of emergency vehicles. 7. Considers the following road improvements in anticipation of future growth: a. Encourages the Province to establish and implement improvements on Naramata Road to accommodate increases in traffic volumes. b. Investigates alternate road links between the KVR corridor and Naramata Road. 8. Considers revisions or additions to the Road Network Plan as an amendment to the OCP bylaw and include a traffic engineering assessment of site impacts. 9. Considers that road development should include the acquisition of rights of way, the application of engineering standards for grade, pavement width, drainage, and spacing of intersections, and the provision of access to adjoining lands. 10. May consider the inclusion of Provincial road design standards within the RDOS Servicing Bylaw, and any amendments thereto. 11. Encourages off-street parking areas in the implementing Zoning bylaw to avoid congestion of the road right of way, increase safety and improve maintenance. 12. Endeavours to relieve traffic congestion in the Naramata townsite by working towards the establishment of a parking area in conjunction with any major park or development initiative. Servicing, Transportation & Parks

63 Encourages that private roads that access forest lands should be of adequate design to allow for the safe movement of logging and fire-fighting equipment. 14. Considers the provision of luminaries and/or street lights necessary to improve road safety, particularly at major intersections. 15. Considers for inclusion in the RDOS Servicing Bylaw, and any amendments thereto, as defined by the Province, the following hierarchy or roads for different levels and types of traffic is established: a. Major roads are intended to move traffic to and within the Plan area with limited direct access. These should be contiguous with major roads from adjacent planning areas (City of Penticton). The Area E Road Network Plan, prepared by the Province, and updated jointly with the RDOS, identifies existing and future major road links for which a minimum of 25 m right of way, plus allowance for earthworks, be protected through the development approvals process. b. Collector roads provide a balance between the movement of traffic with some direct property access. These are intended to collect traffic from local roads and intersect with major roads. c. Local roads are intended to provide direct property access with little emphasis on moving traffic for any significant distance. Servicing, Transportation & Parks

64 Parks Parks Objectives 1. To provide local parks, trails, and other outdoor recreation opportunities in the locations and in sufficient quantity to be available and accessible, where possible, to all members of the community. 2. To ensure that recreation activities are compatible with the rural character of the Plan area. 3. To foster an awareness of the natural environment and to protect ESAs Parks Policies The Regional Board: 1. Recognizes the following areas designated on Plan Map Schedule B series as Parks for the purpose of satisfying existing and projected recreation needs: a. Manitou Regional Park and extensions (Lot A, Plan KAP65517, District Lot 210); b. Rock Ovens Regional Park (Crown Provincial); c. the former CN Ferry Slip and adjoining land; d. Crown Land lake frontage along Mill and Old Main roads; e. All public beach accesses; f. All unalienated shoreline on Okanagan Lake; g. Crown Land sections of the KVR corridor; h. Portion of Naramata Creek (Lot A, Plan 38853, Block, Section, Township, District Lot 266, Except Plan 43639); i. Portion of Arawana Creek (Plan 575, Block 192, DL 266, Except Plan and Lot 1, Plan 24878, DL 266, Except Plan and Lot 28, Plan 27226, DL 266); 2. May require, in accordance with Local government legislation, the dedication of not more than 5% of the parcel area for park use where a proposed subdivision is not close to existing parks, a suitable site for park land has been proposed, or additional park land is required. Park land dedication is intended to provide sites for parks to serve new residential subdivisions or to establish trail corridors. 3. May require, in accordance with Local government legislation, payment of an amount not exceeding 5% of the market value of the property proposed for subdivision where: a. a dedication of scattered public parks may be impractical; b. a suitable site is not available within the proposed subdivision; Servicing, Transportation & Parks

65 58 c. the proposed subdivision is adequately serviced in terms of access to existing park land; or d. infrastructure and administrative resources do not exist to adequately maintain park land. 4. Considers the following criteria for establishing park land: a. the present and future park needs of the community; b. areas with scenic views; c. lakeshore access; d. potential conflicts with agricultural land, and sufficient buffering between park and agricultural land consistent with Provincial specifications; e. outdoor recreational and neighbourhood park opportunities; f. size, topography and configuration of the land; g. the need for trail connections; h. areas containing and adjacent to natural features or ESAs; i. areas for wildlife and nature appreciation; j. areas of historical significance; and k. areas next to cultural or community facilities. 5. Will consider the development of outdoor recreational opportunities on sites that minimize impacts to the agricultural land base, to surrounding agricultural, residential, institutional and open space uses, traffic patterns and important habitat. Outdoor recreational services will be regulated through the Tourist Commercial and Parks designations in the Zoning bylaw. 6. Supports the creation and extension of a connected network of trails and Public Corridors to access community parks, recreation areas, public open space and amenities. 7. Recognizes the various interests in the future use of the Kettle Valley Railway, and designates it Public Corridor in order to protect options for future use as a Public Corridor. 8. Will consider recommendations put forth by the regional parks committee and environmental advisory committee regarding the use, management, and acquisition of park lands. 9. Encourages the development of a watershed or drinking water management plan that serves to protect Naramata s water quality, in consultation with the community. 10. Encourages the development of a Parks & Recreation Master Plan that outlines park strategies and functions, addresses public and commercial recreation needs, as well as infrastructure requirements, in consultation with the community. Servicing, Transportation & Parks

66 Supports the Naramata Parks and Recreation Commission in maintaining park land and Public Recreation corridors. Servicing, Transportation & Parks

67 TEMPORARY COMMERCIAL AND INDUSTRIAL PERMITS 18.1 Background Temporary Commercial and Industrial Permits may be issued by the RDOS under the authority of Local government legislation. The intent of the temporary commercial and industrial permit provisions are to accommodate the future potential for temporary commercial or industrial uses as specified by the permit. The temporary commercial or industrial use may continue in accordance with the provisions of the permit until the permit expires, or two years after the permit was issued, whichever occurs first. Permits may be renewed only once, after which the use must be either permanently designated in the OCP Bylaw and Zoning bylaw or cease. Temporary permits are not a substitute for a land use designation amendment in accordance with the Zoning bylaw. Permits are also subject to approval by the Agricultural Land Commission where land is classified as farm under the Assessment Act Objective 1. To consider the issuance of temporary commercial and industrial permits in designated areas, in accordance with the specified conditions of the permit Policies The Regional Board: 1. Will consider issuing temporary commercial and industrial permits on land designated as Resource Area (RA) and Agriculture (AG) on Schedule B. 2. Requires temporary commercial and industrial permits to adhere to the following general conditions: a. must be clearly temporary or seasonal in nature; b. should not create an unacceptable long term impact on the environment or on surrounding land and uses; c. should carry out appropriate remedial measures to mitigate any damage to the natural environment as a result of the temporary use; and d. must be reviewed and approved by the Province with respect to access and effect on public roads. 3. Will encourage the applicant to include appropriate mitigation measures such as where the development is located within 600 m of residential development, particularly areas designated Low or Medium Density Residential, or Small Holdings on Schedule B. 4. Requires an application for a change in land use designation in order to consider a permanent change to the designation if a proposed temporary use is expected to continue permanently. Temporary Commercial & Industrial Permits

68 DEVELOPMENT PERMIT AREAS 19.1 Background The OCP may designate development permit areas under the authority of Local government legislation. Unless otherwise specified, a development permit must be approved by the Regional Board prior to any development or subdivision of land within a designated development permit area. The purpose of acquiring a development permit is to ensure certain requirements are addressed towards the protection, restoration and preservation of the natural environment. Due to their significance and sensitivity, all watercourses and riparian areas in the RDOS have been designated as development permit areas. The development permit areas designated for Rural Naramata include Environmentally Sensitive Development Permit (ESDP) areas, Watercourse Development Permit (WDP) areas, and the Naramata Townsite. See Schedule D titled Development Permit Areas showing all watercourses and riparian assessment areas for Electoral Area E Environmentally Sensitive Development Permit (ESDP) Area Category The ESDP Area is designated under Section 919.1(1)(a) of the Local Government Act, and applicable provisions of the Community Charter for the protection of the natural environment, its ecosystems and biological diversity Area The ESDP Area is comprised of important habitat areas for wildlife habitat and plant communities, included in the Habitat Atlas for Wildlife at Risk, South Okanagan & Lower Similkameen, and amendments thereto, Ministry of Environment, Lands and Parks, 1999, and in the Electoral Area E Sensitive Ecosystem Inventory and amendments thereto, Ministry of Water, Land and Air Protection, 2003, and identified in Schedule D Justification The primary objective of this development permit area designation is to minimize the impact of development on the natural environment. The natural environment provides essential habitat and corridors for fish, birds and other wildlife. It also acts as a natural water storage, drainage and purifying system. Vegetation adjacent to watercourses needs to remain in a largely undisturbed state in order to maintain a healthy environment. The maintenance of adjacent lands in an undisturbed state also helps to protect private property from flooding or land loss due to watercourse erosion. There is a general decline in fish and wildlife populations in the south Okanagan that is directly attributable to habitat loss. The major contributors to increasing habitat losses Environmentally Sensitive DP Areas

69 62 are increasing agriculture, urbanization, water use, forestry and expansion of alien species (i.e., weeds). The south Okanagan Valley is identified as a critical region for maintaining a healthy, viable population of a number of endangered and threatened species. Work has been done to identify habitats supporting endangered wildlife species. The impact of development on the natural environment can be minimized by carefully examining the proposed development and taking appropriate measures in relation to the environmentally sensitive land. Schedule D outlines the areas of critical habitat (areas for red-listed species and important habitat included in the Habitat Atlas for Wildlife at Risk, South Okanagan & Lower Similkameen, Ministry of Environment, Lands and Parks, 1999, and in the Electoral Area E Sensitive Ecosystem Inventory and amendments thereto, Ministry of Water, Land and Air Protection, 2003) Determining whether development falls within the ESDP Area 1. To confirm whether a proposed development is within land identified as environmentally sensitive in the ESDP Area for which a development permit application is required, locate the following: a. the development in relation to the important habitat areas, identified in Schedule D. 2. Unless the proposed development is clearly outside environmentally sensitive land in the ESDP Area the location of the development shall be determined accurately by survey in relation to the ESDP Area to determine whether a development permit application is required Guidelines 1. A development permit is required, except where specified under Exemptions Section , for development on lands identified as environmentally sensitive within the ESDP area. Where not exempted, development requiring a development permit includes: a. subdivision, b. any activity carried out in the process of preparing a site or erecting structures, including (i) grading, removal, deposit or moving of soil, construction of a new building, or alteration or expansion of an existing building, (ii) paving, (iii) installation of drainage or underground services, or (iv) removal of vegetation important to wildlife habitat as determined by a professional biologist. Development shall be in accordance with the following guidelines: 1. Where the applicant has chosen to prepare an EIA report to assist in facilitating the approval process, the Regional Board will consider approval of the development permit based on the EIA recommendations, and/or further direction from Provincial and/or Federal governments, and/or a committee of the Regional Environmentally Sensitive DP Areas

70 63 Board. The EIA report, along with any additional conditions recommended by the Board, prepared by a QEP, would identify how the proposed development will affect the environment, and recommend measures to reduce any negative impacts. 2. Incorporation of park, trail and wildlife and fish corridors to provide continuity between important habitats will be encouraged by the Regional Board. 3. Where it is not practical to preserve important habitat areas, the recommendations of Provincial and/or Federal governments, and/or a committee of the Regional Board in the context of the EIA Report will be considered. Options may include development modifications, enhancement opportunities, dedicating or restoring comparable habitat area elsewhere. 4. Dedication to Crown of the natural watercourse, in accordance with Local government legislation. 5. Where development is considered in important habitat areas, in addition to Guideline 4, the RDOS may use the following methods to direct development away from the ESAs: a. bare land strata to allow flexibility in conserving the feature or area; b. comprehensive development zones, density averaging or other methods to achieve this purpose; c. development variance permits to vary conditions other than use or density; and/or d. voluntary stewardship such as contracts, leases or trust to protect the feature or area Exemptions A development permit is not required for development within land identified as environmentally sensitive in the ESDP area for: 1. the construction, alteration, expansion, repair, demolition or maintenance of one single detached dwelling and accessory buildings related to that dwelling, and any related grading, removal, deposit or moving of soil; 2. the construction, alteration, addition, repair, demolition and maintenance of farm buildings; 3. the construction of a driveway and utilities affecting an area less than 500 m 2 ; 4. the construction and repair of fences; 5. a subdivision, if the smallest parcel resulting from subdivision is 20 ha or greater, or if the subdivision will create only two parcels; 6. the confirmed absence of important habitat as per the Habitat Atlas for Wildlife at Risk, South Okanagan & Lower Similkameen, and amendments thereto, Ministry of Environment, Lands and Parks, 1999, or the Electoral Area E Sensitive Environmentally Sensitive DP Areas

71 64 Ecosystem Inventory, Ministry of Water, Land and Air Protection, 2003, by a Qualified Environmental Professional (QEP); 7. any development on land located in the ALR, provided farming practices are in accordance with Provincial policies and environmental guidelines; 8. an area where the applicant can demonstrate that the conditions of the ESDP Area have already been satisfied, or a development permit for the same area has already been issued in the past and the conditions in the development permit have all been met, or the conditions addressed in the previous development permit will not be affected; and 9. any development on a parcel, upon Board approval, of the recommendation of the Provincial and/or Federal governments, and/or a committee of the Regional Board. Environmentally Sensitive DP Areas

72 Watercourse Development Permit (WDP) Area Category The WDP area is designated under Section 919.1(1) (a) of the Local Government Act, and applicable provisions of the Community Charter for the protection of the natural environment, its ecosystems and biological diversity Area The WDP area is comprised of: 1. Riparian assessment areas (Figure 3) for fish habitat, which include all watercourses and adjacent land: a. within 30 m of the high water mark of a watercourse; b. within 30 m of the top of the ravine bank in the case of a ravine less than 60 m wide, and; c. within 10 m of the top of the ravine bank in the case of a wider ravine that link aquatic to terrestrial ecosystems and includes both existing and potential riparian vegetation and existing and potential upland vegetation that exerts an influence on the watercourse; and identified in Schedule D. Where land is subject to more than one development permit area designation, a single development permit is required. The application will be subject to the requirements of all applicable development permit areas, and any development permit issued will be in accordance with the guidelines of all such areas. high water mark means the visible high water mark of a watercourse where the presence and action of the water are so common and unusual, and so long continued in all ordinary years, as to mark on the soil of the bed of the watercourse a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself, and includes the active floodplain; top of ravine bank means the first significant break in a ravine slope where the break occurs such that the grade beyond the break is latter than 3:1 for a minimum distance of 15 m measured perpendicularly from the break, and the break does not include a bench within the ravine that could be developed; watercourse includes any of the following that provides fish habitat: a watercourse, whether it usually contains water or not; a pond, lake, river, creek or brook, and; a ditch, spring or wetland that is connected by surface flow to a watercourse Justification The primary objective of this development permit area designation is to regulate development activities in watercourses and their riparian areas so as to protect aquatic Watercourse DP Areas

73 66 habitat; and to conserve, enhance and, where necessary, restore watercourses and their riparian areas. There is a general decline in fish populations in the South Okanagan that is directly attributable to habitat loss. In order to protect the declining fish stocks increased protection of riparian corridors creeks, rivers, lakes, ponds and wetlands, collectively called watercourses is necessary. Development within these areas requires assessment to ensure protection of fisheries values from potentially harmful development activities to ensure that the natural features, functions and conditions that support fish habitat are not lost. The impact of development on watercourses can be minimized by carefully examining the proposed development and taking appropriate measures in relation to the environmentally sensitive riparian areas land Determining whether development falls within the WDP Area To confirm whether a proposed development is within land identified as a riparian assessment area in the WDP area for which a development permit application is required, the following applies: a. Any area located within 30 m of the high water mark of a watercourse; within 30 m of the top of the ravine bank in the case of a ravine less than 60 m wide; and within 10 m of the top of the ravine bank in the case of a wider ravine that link aquatic to terrestrial ecosystems and includes both existing and potential riparian vegetation and existing and potential upland vegetation that exerts an influence on the watercourse; Unless the proposed development or alteration of land is clearly outside the riparian assessment area the location of the development shall be determined accurately by survey in relation to the WDP Area to determine whether a development permit application is required Guidelines A development permit is required, except where specified under Exemptions Section , for development or land alteration on land identified as a riparian assessment area within the WDP Area. Where not exempt, development requiring a development permit includes any of the following associated with or resulting from residential, commercial or industrial activities or ancillary activities to the extent that they are subject to local government powers under Local government legislation the: a. removal, alteration, disruption or destruction of vegetation; b. disturbance of soils; c. construction or erection of buildings and structures; d. creation of nonstructural impervious or semi-impervious surfaces; e. flood protection works; Watercourse DP Areas

74 67 f. construction of roads, trails, docks, wharves and bridges; g. provision and maintenance of sewer and water services; h. development of drainage systems; i. development of utility corridors; j. subdivision as defined in section 872 of the Local Government Act; Development shall be in accordance with the following guidelines: 1. All development proposals subject to this permit will be assessed by a QEP in accordance with the Riparian Areas Regulation established by the Provincial and/or Federal governments; 2. A WDP shall not be issued prior to the Province notifying the RDOS that a QEP has submitted a report certifying that they are qualified to carry out the assessment, that the assessment methods have been followed, and provides in their professional opinion that a lesser setback will not negatively affect the functioning of a watercourse or riparian area and that the criteria listed in the Riparian Areas Regulation has been fulfilled, and; 3. The Riparian Areas Regulation implemented through the WDP does not supersede other Federal, Provincial and or local government requirements, including that of other development permit areas, building permits, flood covenants, Federal or Provincial authorization. Land subject to more than one development permit area designation must ensure consistency with the guidelines of each development permit area, to provide comprehensive stewardship of both fish and wildlife habitat Exemptions The WDP area does not apply to the following: 1. the construction, alteration, addition, repair, demolition and maintenance of farm buildings; 2. institutional development containing no residential, commercial or industrial aspect; 3. agricultural development containing no residential, commercial or industrial aspect; 4. reconstruction, renovation or repair of a permanent structure if the structure remains on its existing foundation. Only if the existing foundation is moved or extended in to a riparian assessment area would a WDP be required, and; 5. an area where the applicant can demonstrate that the conditions of the WDP Area have already been satisfied, or a development permit for the same area has already been issued in the past and the conditions in the development permit have all been met, or the conditions addressed in the previous development permit will not be affected. Watercourse DP Areas

75 68 FIGURE 3: RIPARIAN ASSESSMENT AREA: means the area within 30 m of the high water mark of a watercourse; within 30 m of the top of the ravine bank in the case of a ravine less than 60 m wide; and within 10 m of the top of the ravine bank in the case of a wider ravine that link aquatic to terrestrial ecosystems and includes both existing and potential riparian vegetation and existing and potential upland vegetation that exerts an influence on the watercourse. Applies only to residential, commercial and industrial designations. Source: British Columbia Ministry of Environment, Riparian Areas Regulation Implementation Guidebook, March 2005 Watercourse DP Areas

76 Naramata Townsite Development Permit Area Background The OCP may designate development permit areas under the authority of Local government legislation. A development permit can be utilized for the purpose of environmental protection, protection from hazardous conditions, protection of farming, commercial revitalization, and form and character. Unless otherwise specified, a development permit must be approved by the Regional Board prior to any development or subdivision of land within a designated development permit area. Naramata townsite Justification The development permit for the Naramata towsite area includes General Commercial, Tourist Commercial and Low and Medium Density Residential designations in order to provide guidelines for the form and character of development of the townsite of Naramata (see Schedule D ). The purpose of this development permit area is to ensure that revitalization reflects and enhances the quality and uniqueness of the townsite with its small village character. The overall objective for the Naramata townsite DP area is to create an environment of mixed land uses of high quality design, which will contribute to the creation of a cohesive, identifiable, accessible town centre with a strong pedestrian orientation. It has been recognized that the following features of the village core should be respected, encouraged and enhanced in the Development Permit process for the long term sustainability of Rural Naramata: 1. historic character; 2. economic base as a commercial and occupational centre; 3. social, recreational, and cultural character; 4. natural environment and pedestrian character; 5. unique built form and infrastructure; Naramata Townsite DP Area