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RECORD OF AMENDMENTS TO OFFICIAL COMMUNITY PLAN

FOR A PORTION OF ELECTORAL AREA “C” HEMLOCK VALLEY

BYLAW NO. 0030, 2000 Amending Bylaw No.

Type of Amendment

Summary of Amendment Date of Adoption

Text Map FVRD 0994 DPA 2-HV 2011 05 25 1261 Riparian Area Regulations 2014 05 27

Official Community Plan

for

Hemlock Valley

Part of Electoral Area “C”

Bylaw 0030, 2000

CONSOLIDATED

Table of Contents

1 INTRODUCTION ..................................................................................................................................... 2

1.1 Purpose of the Plan ....................................................................................................................... 2

1.2 Plan Area Location and Boundaries .............................................................................................. 3

1.3 Planning Process ........................................................................................................................... 3

1.4 Legal Status ................................................................................................................................... 4

2 HISTORY OF DEVELOPMENT ................................................................................................................. 5

2.1 Forestry Industry ........................................................................................................................... 5

2.2 Resort Development ..................................................................................................................... 5

2.3 Hemlock Valley Home Owner Association .................................................................................... 7

2.4 A New Community Focus .............................................................................................................. 7

2.5 Ski Resort Development and Operating Agreements ................................................................... 8

3 COMMUNITY PROFILE ......................................................................................................................... 11

4 ENVIRONMENTAL ISSUES .................................................................................................................... 16

4.1 Geotechnical Hazards ................................................................................................................. 16

4.2 Snow Load ................................................................................................................................... 19

4.3 Flooding and Erosion................................................................................................................... 19

4.4 Wildlife Habitat and Environmentally Sensitive Areas ............................................................... 20

4.5 Forestry ....................................................................................................................................... 22

4.6 Mineral and Aggregate Resources .............................................................................................. 23

4.7 Park, Recreation and Scenic Resources ...................................................................................... 24

5 SERVICING ISSUES ............................................................................................................................... 25

5.1 Sewage Disposal .......................................................................................................................... 25

5.2 Community Water Supply ........................................................................................................... 25

5.3 Hydro, Natural Gas and Telephone Services ............................................................................... 28

5.4 Fire Protection ............................................................................................................................ 28

5.5 Solid Waste Management ........................................................................................................... 28

5.6 School and Emergency Services .................................................................................................. 29

5.7 Transportation ............................................................................................................................ 29

5.8 Parking ........................................................................................................................................ 30

1 INTRODUCTION ................................................................................................................................... 32

2 COMMUNITY PLAN OBJECTIVES AND DEVELOPMENT CONCEPT ....................................................... 34

3 GENERAL POLICIES .............................................................................................................................. 36

3.1 Effect of the Plan ......................................................................................................................... 36

3.2 Review and Amendment ............................................................................................................. 36

3.3 Public Consultation ..................................................................................................................... 37

3.4 Permitted Uses ............................................................................................................................ 38

4 LAND AREA DESIGNATIONS ................................................................................................................ 42

4.1 COTAGE RESIDENTIAL AREAS ...................................................................................................... 44

4.2 VILLAGE CENTRE COMMERCIAL AREA ........................................................................................ 48

4.3 FUTURE SETTLEMENT AREA ........................................................................................................ 51

4.4 COMMUNITY SERVICE AREAS ..................................................................................................... 53

4.5 COMMERCIAL OUTDOOR RECREATION AREAS ........................................................................... 55

4.6 OUTDOOR RESOURCE AREA ........................................................................................................ 57

4.7 PARK AREAS ................................................................................................................................ 59

5 DEVELOPMENT PERMIT AREAS ........................................................................................................... 61

5.1 Development Permit Area No. 1-HV ........................................................................................... 61

5.2 Development Permit Area No. 2-HV [Byl # 0994, 2010] ............................................................. 66



5.5 Development Permit Area No. 5-HV [Byl # 1261, 2014] ............................................................ 75

6 ENVIRONMENTAL PROTECTION.......................................................................................................... 44

6.1 Geotechnical and Other Hazards ................................................................................................ 44

6.2 Stream and Lake Protection ........................................................................................................ 45

6.3 Fish and Wildlife Protection ........................................................................................................ 46

6.4 Community Watershed Protection ............................................................................................. 48

6.5 Floodproofing Measures ............................................................................................................. 48

6.6 Parks ............................................................................................................................................ 50

6.7 Natural Assets Protection ........................................................................................................... 51

6.8 Aggregate Mining Site Management .......................................................................................... 52

7 INFRASTRUCTURE AND SERVICES ....................................................................................................... 53

7.1 Transportation ............................................................................................................................ 53

7.2 Community Water System .......................................................................................................... 55

7.3 Community Sewage System ........................................................................................................ 56

7.4 Solid Waste Management ........................................................................................................... 57

7.5 Electricity Service ........................................................................................................................ 58

7.6 Natural Gas and Other Services .................................................................................................. 59

7.7 Fire Protection and E-911 Services ............................................................................................. 60

7.8 Schools and School Bus Service .................................................................................................. 60

8 TEMPORARY USE PERMITS ................................................................................................................. 62

9 BOUNDARY AND ADMINISTRATION ................................................................................................... 64

10 INTERPRETATION ............................................................................................................................ 65

FRASER VALLEY REGIONAL DISTRICT Bylaw No. 0030, 2000

A Bylaw to Adopt the

Official Community Plan For a Portion of Electoral Area “C”, Hemlock Valley

WHEREAS The Fraser Valley Regional District was incorporated by Letters Patent effective December 12, 1995; AND WHEREAS Article 12 of the Letters Patent incorporating the Fraser Valley Regional District provides for the dissolution of the Central Fraser Valley Regional District, Dewdney-Alouette Regional District and Regional District of Fraser-Cheam effective as and from midnight, December 11, 1995; AND WHEREAS Article 10 of the Letters Patent incorporating the Fraser Valley Regional District provides that all bylaws of the former Central Fraser Valley Regional District, Dewdney-Alouette Regional District and Regional District of Fraser-Cheam in force and effect at the time of the dissolution of the above-named regional district shall continue to apply to the area of the regional district to which they applied at the time of dissolution; AND WHEREAS the Regional Board of the Fraser Valley Regional District has deemed it advisable to adopt an Official Community Plan, as provided for in Sections 875, 876, 877, 878, 879, 880 and 881 of Part 26 of the Local Government Act, being Chapter 323 R.S.B.C., 1996, for a Portion of Electoral Area “C”, Hemlock Valley, Bylaw No. 0030, 2000”. AND WHEREAS the Board of Directors of the Fraser Valley Regional District has undertaken and completed a review of the issues and problems in the Official Community Plan Area and has summarized the issues and problems in the form of a background report attached hereto as Appendix A; AND WHEREAS the background report is intended to assist in explaining the meaning and objectives of the Official Community Plan and is not intended to form a part of the regulatory policies and provisions of the Official Community Plan; NOW THEREFORE in open meeting assembled, the Board of Directors of the Fraser Valley Regional District enacts as follows:

I. CITATION This bylaw may be officially cited for all purposes as the “Fraser Valley Regional District Official Community Plan for a portion of Electoral Area “C”, Hemlock Valley, Bylaw No, 0030, 2000”.

II. AREA OF APPLICATION This bylaw shall apply to the areas shown on the Official Community Plan boundary and Land Area Designation Plan Maps, Schedule B, attached hereto and forming an integral part of this Bylaw.

III. SCHEDULES That the “Fraser Valley Regional District Official Community Plan for a Portion of Electoral Area “C”, Hemlock Valley, Bylaw No. 0030, 2000”, is comprised of the following Schedule “A” hereby be adopted, including the Official Community Plan map schedules marked as: Schedule HV-1 Boundaries and Land Area Designations Schedule HV-2 Development Permit Area Schedule HV-3 Development Permit Area Schedule HV-4 Development Permit Area Schedule HV-5 Development Permit Area Schedule HV-6 Flood Protection Area Schedule HV-7 Transportation Network attached hereto and forming part of this Bylaw.

IV. THAT the Schedules listed in Paragraph III together with Appendix “A”; a background report; be an integral part of this Bylaw.

V. Upon adoption by the Regional Board, the said Schedules HV-1, HV-2, HV-3, HV-4, HV-

5, HV-6 and Schedule HV-7, signed by the Chairman and Deputy Secretary, constitute the Official Community Plan applicable within a portion of Electoral Area “C” of the Fraser Valley Regional District as outlined on the Official Community Plan Boundary and Land Area Designation Plan, Schedule HV-1.

VI. If any schedule, sections subsection, sentence, clauses or phrase of this Bylaw is for

any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw.

VII. READINGS AND ADOPTION

READ A FIRST TIME THIS 22nd Day of August, 2000 A PUBLIC HEARING WAS HELD 20th Day of September, 2000 ON THE READ A SECOND TIME THIS 26th Day of September, 2000 READ A THIRD TIME THIS 26th Day of September, 2000 APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS THIS 6th Day of September, 2000 ADOPTED THIS 13th Day of December, 2000

[original signed by T. Raymond] [original signed by S. Gresham] Chairman/Vice-Chairman Administrator/Deputy

VIII. CERTIFICATIONS

I hereby certify the foregoing to be a true and correct copy of the Fraser Valley Regional Bylaw No. 0030, 2000 as read a third time by the Board on the 26th day of September, 2000. Dated at Chilliwack this 26th day of September, 2000. [original signed by G. Kingston] I hereby certify that this is a true and correct copy of Bylaw 0030, 2000 adopted by the Board of Directors of the Fraser Valley Regional district on the 13th day of December, 2000. Dated at Chilliwack, B.C. this 13th day of December, 2000. [original signed by S. Gresham]

Hemlock Valley Official Community Plan Page 1 Consolidated Version

Official Community Plan for Hemlock Valley

Part of Electoral Area “C”

Preface This is the Official Community Plan for Hemlock Valley, part of Electoral Area “C”, located within the Fraser Valley Regional District. The Plan is organized into two parts, a Background Report, which serves as an appendix to the Plan, and the Official Community Plan, which is adopted by bylaw. The Background Report provides an overview of the major land uses, the physical and social characteristics of the Plan area and the print of the Plan. The Official Community Plan, presented in the second part of this document, provides the specific objectives and policies of the Regional Board. This forms Schedule “A” of Bylaw No. 0030, and along with the maps in Schedules “HV-1”, “HV-2”, “HV-3”, “HV-4”, “HV-5” and “HV-6” fulfills the requirements of Section 876, 877, 878, 879, 880 and 881 of the Local Government Act. The Plan was prepared with the assistance of local residents, Advisory Planning Commissions and representatives from various government agencies. Their contribution and cooperation is gratefully acknowledged.


PART 1

Appendix A

1 INTRODUCTION 1.1 Purpose of the Plan

This is the Background Report to the Official Community Plan (OCP) for Hemlock Valley, part of Electoral Area “C” of the Fraser Valley Regional District. The Plan serves as a statement of the broad objectives and policies of the Regional Board regarding the form and character of existing and future land use and servicing in the Plan area. When approved by the Province of British Columbia, the Ski Area Master Plan for Hemlock Valley will be incorporated in the Plan. Furthermore, the Official Community Plan provides a formal document which reflects the values and concerns of the community at Hemlock Valley which will assist in, and set parameters for future planning and development. The Hemlock Valley Community Plan will also provide a legal basis for guiding land use decisions of the Board.

The purpose of the Plan is as follows:

• to establish objectives and policies for encouraging and directing resort growth and development;

• to establish coordinated and consistent objectives and policies between the Regional

Board, Provincial and Federal agencies, the Resort and local citizens;

• to provide guidelines and procedures for the use of land, the provision of public services and the protection of the environment;

• to provide a policy framework for revising and implementing zoning and other bylaws in

accordance with local conditions and community needs and preferences;

• to review the community and resort's needs for infrastructure and services such as water supply, hyrdo supply, sewage disposal, fire protection, garbage and recreational facilities;

• to provide a forum for community discussion and involvement in future development and

change at Hemlock Valley;

• to create stronger ties with the surrounding Electoral Area “C” and to improve year-round usage of Hemlock Valley as a tourist recreation area.


1.2 Plan Area Location and Boundaries The Official Community Plan area is located in the Coast Range Mountains, approximately an hour drive from Chilliwack. Hemlock Valley is an area of striking natural beauty, sheltered by the coastal mountains, with a magnificent southern view of the National Border Mountain chain. Schedule “HV-1” of the Plan shows the legal Plan boundaries. Hemlock Valley is located in a narrow valley at the headwaters of Sakwi Creek. It is bordered to the east and south by the slopes of Mt. Klaudt and Mt. Keenan respectively. The valley has a narrow entrance, surrounded by two major bluffs rising 1,000 feet above the valley floor. Hemlock Valley Road winds along the Sakwi Creek into the valley, widening out between two high ridges. The valley has a generally north-south axis with the large skiing bowl at its terminus. To the west of the valley floor, Cohen Creek watershed is located in the steep mountain terrain. To the east, a series of steep mountain benches forming a long ridge contain several tributaries of the Sakwi Creek. Sakwi Creek is the collecting stream for the valley’s surface water. Second growth trees cover most of the slopes. The residential development in Hemlock Valley is confined to the narrow valley bottom and a short distance up the various mountain slopes.

1.3 Planning Process This is the first Official Community Plan completed for Hemlock Valley. The need for an official community plan was identified by the Advisory Planning Commission several years ago. Meetings were held as far back as 1992. However, work on the Official Community Plan was delayed to allow for the completion of a Ski Area Master Plan. Unfortunately, due to variety of reasons including, but not restricted to market and economic conditions, there have been a number of setbacks in the preparation of the Master Plan. Furthermore, the residents and the resort find it important that an OCP be put in place before the building schemes expire. Hence, in December 1996, the Hemlock Valley Homeowners Association formally requested the Regional Board to proceed with the preparation of an official plan as soon as possible. In 1997, an Advisory Planning Commission was established. The Advisory Planning Commission met regularly to discuss important community issues and to review the draft Plan in detail. On September 20, 2000, a public information meeting was held in order to encourage dialogue between the public and planning staff and to review and discuss the draft Official Community Plan. The meeting was well attended, representative of the good community participation evident throughout the process. Following the public information meeting, a public hearing was held. Every property owner within the Official Community Plan area was mailed an invitation to the public information meeting and the public hearing. The Plan is a formal document which reflects the values and concerns of the community at Hemlock Valley as expressed during the planning process. It defines the community’s vision for the future and will assist in and set parameters for future planning and development. Furthermore, the Plan outlines the need to address a variety of ongoing issues such as stagnating development trends, highway access and safety issues, geotechnical hazards and environmentally sensitive areas and the level and cost of community services. The Plan also provides encouragement and guidelines for development of existing land, and establishes policies to guide the Regional Board in land use decision making.


1.4 Legal Status The Official Community Plan is adopted by the Regional Board under Section 875 of the Local Government Act as a general statement of the Regional Board’s objectives and policies. Section 884 of the Act states that the Plan does not commit or authorize the Board to proceed with any project specific in the Plan. However, all bylaws enacted and works undertaken by the Board must be consistent with the policies and designations of the Plan. The Plan serves as a series of policy statements to guide day-to-day decision making of the private citizens, public agencies and the Regional Board. It also provides the framework for preparing and adopting new zoning and regulatory bylaws within the Plan area. All rezonings must be consistent with the Plan. The Province is the major landholder in Hemlock Valley and influences what must be done by its tenant, Hemlock Valley Recreations. The Regional District does not legally have jurisdiction over vacant, unencumbered, Crown-owned lands. Conversely, where there is a lease, the Regional District regulates and has jurisdiction over all privately held lands. Therefore, the Province and the Regional District must work together to ensure that development agreements between the Province and the resort company can be implemented. For this reason, it is important that comprehensive plans and development agreements between the resort company and the Province are coordinated with the Official Community Plan process. As a forward plan, the Official Community Plan for Hemlock Valley, is intended to be general in scope and flexible in guiding the future course of the area's development. More detailed regulations and provisions are contained in the zoning and other bylaws for Electoral Area "C".


2 HISTORY OF DEVELOPMENT It is only possible to give a brief overview of the local history of Hemlock Valley in the context of an Official Community Plan. Therefore, the following sections will provide a few “snapshots” of the history of Hemlock Valley. The first section describes the logging activity that took place in the late 1950’s and early 1960’s, followed by a section describing the resort development which occurred after the area was logged. Present planning challenges and problems are in every sense a legacy of the past, and it is through an understanding of the history of development that policies and solutions can be discovered.

2.1 Forestry Industry Hemlock Valley was originally opened up and made accessible from the Fraser Valley floor by lumber companies who in the last three decades logged the valley and the surrounding area. After the Second World War, a strong market for timber developed in the Lower Mainland. A large number of individuals entered the logging business in the Harrison Lake area to benefit from the rich timber supply. H & F Logging Company was one of them. The company was owned by Harry and Fenn Pretty, sons of Charles Pretty Senior.1 Large areas in the Hemlock Valley and the adjacent valleys were clear cut for hemlock and fir. Natives from the Chehalis Indian Band and some loggers from Mission area were brought in on a daily basis to log the area. The logging activity created a network of logging roads which exist today and form the basis of some of the trails for alpine and cross country skiing. The results from the past forestry operations are apparent today on the mountain slopes of Hemlock Valley. The majority of the total area logged has been replanted and appears today as second growth forest on the hillsides of Hemlock Valley. There are currently no forest tenures within the Plan area.

2.2 Resort Development It was Ivan Pretty that first saw the potential for Hemlock Valley to become a destination ski resort for the Fraser Valley area. Although a few enthusiastic loggers established rudimentary ski tours in the early fifties, it was not until the sixties that public skiing was established in Hemlock Valley. In 1969, Ivan Pretty, Max Nargil, Bruce Leddingham and Ken and Bert Lawrence founded Hemlock Valley Recreation (HVR). The ski area was officially opened on December 21, 1969. This was the beginning of the development of Hemlock Valley as a family oriented skiing resort. Ivan Pretty can recall the humble beginnings of the first ski season. At the time, one rope-tow lift was installed and an old school bus equipped with a wood burning stove served as the ski-lodge. Approximately 30-40 loyal families visited the ski hills in Hemlock Valley in the first season. One of the first major tasks undertaken by the company was to upgrade the 12 mile private logging access road from Harrison Mills to the ski area. The private road was originally built by H&F Logging Company. However, it was a steep and dangerous route. In 1973 HVR re-routed and improved the road in order for the Ministry of Transportation and Highways (MOTH) to gazette it as a public highway. Since then, MOTH has been responsible for maintaining and improving the road up to Hemlock Valley.2

1“The Fraser Valley Challenge, An illustrated Account of Logging and Sawmilling in the Fraser Valley”, Arnold M. McCombs and Wilfrid W. Chittenden, Treeline Publishing, 1990. 2“The People of Harrison”, Daphne Sleigh, Abbotsford Printing 1990


HVR hired a consultant, Doug Faulkner to design the base area of the proposed resort community. The proposed village centre had a “European village” flavour. The shops and an ice rink were proposed in the centre of the village. Internal walkways were to connect the village to the base of the ski lifts. Although today’s base area appears quite differently from Mr. Faulkners’ proposal, portions of the day-lodge were part of his original development concept plan. See Figure 1.3. In 1970 negotiations began between HVR and the provincial government in order to establish a lease area for HVR. A lease was granted and issued by the Province for 206 acres of land to be leased by HVR. Furthermore, HVR was given an option to purchase 103 acres within the lease area. The lease stated that HVR would pay a fixed rent and be given an option to purchase land which would be serviced by HVR and sold as chalet lots. A study was undertaken to establish the financial feasibility of the area by Ecosign Mountain Recreation Planners and Acres Financial Projections Ltd. In 1976, with this security of tenure, HVR proceeded enthusiastically to develop the area. The first parcel of 55 lots was completed and sold; improvements were completed on the lodge; and the construction of the maintenance building and water storage dam were completed. In 1978 a third chair lift was added. An addition to the lodge was built and services were constructed underground. In 1978-1979, additional areas were subdivided, adding approximately 170 lots to the resort community. In addition, two precast concrete multi-story condominiums were constructed in the base area containing a total of 60 suites. In 1979, HVR constructed a sewage treatment plant. HVR also purchased a 10 acre parcel of land from the government for the proposed development of an R.V. park. However, the R.V. park remains undeveloped and today the land sits vacant. The majority of the ski resort’s infrastructure and residential development, as it exists today, dates back to 1976 - 1981. In the spring of 1978, Allan Ayres, Principal of the Duick Corporation and one of the original owners, obtained sole ownership of HVR. At this time, the lodge was enlarged and some of the ski runs expanded. However, by the early 1980's, mostly as a result of the recession being experienced at the time, HVR encountered some financial difficulties. The resort was transferred to the British Columbia Development Corporation (BCDC). Joe Peters acquired the company from BCDC and the company’s name changed to Hemlock Valley Resorts Inc. (HVRI). Relatively little development and investment activity has occurred in the resort area since this date. The development of the resort has been marked by periods of relatively intense activity followed by periods of stagnation and little activity. As of the late 1990’s, the resort community consists of ski-related facilities such as a triple chair, two double chairs, a handle tour and a day lodge; residential facilities including a 60 unit condominium complex, a series of residential subdivisions extending along the west side of the road down from the ski hill base, utilities and infrastructure such as a road system, a parking lot, underground hydro and telephone system, as well as water supply and distribution facilities and sewage collection, treatment and disposal facilities. Today, the resort serves the Lower Mainland market and as a regional facility for destination and family day-trip skiing. For a short time in the winter (Christmas and spring break), the ski lifts are open seven days a week. For the rest of the ski season, the weekends are the busy time for the resort. There has been periodic consideration of changing the market emphasis to a more all year-round "vacation-oriented" market. This would include apres skiing activities in the winter time and the promotion of mountain biking and other all year-round activities.


2.3 Hemlock Valley Home Owner Association In 1979, the residents of Hemlock Valley organized and established the Hemlock Valley Property Owner Association. In 1992, the Hemlock Valley Homeowner Association was established and is currently active in the community. The Association has been actively involved in important community issues like servicing standards, community development and traffic safety. The association currently has 110 members. The purpose of the society, as contained within their constitution, is as follows: Hemlock Valley Homeowner Association’s Objectives:

• To promote, support and protect the status, rights and interests of persons owning residential property in the Hemlock Valley recreational area;

• To secure improvements in the interest of the residential property owners in the Hemlock

Valley recreation area; • To concern itself with the performance of public bodies and agencies; • To work with public bodies and agencies to enhance the recreational experience of

persons owning residential property in the Hemlock Valley recreational area; • To work with the operators of the recreational and commercial facilities to enhance the

recreational experience of persons owning residential property in the Hemlock Valley recreational area.

2.4 A New Community Focus It is apparent that there has been a lack of long-term and consistent land use planning in Hemlock Valley since the community started to develop in the late 1960’s. The large number of vacant lots may be an indication of this. Although the lack of long term planning in the community may only be part of the reason for the slow growth climate in the community, it is an important one. Property values have been negatively impacted as a result of the slow to no growth climate. However, Hemlock Valley is located close to a large population base and is in a unique position to provide recreational space to those people. This may provide the resort with numerous possibilities for further growth. The residents and HVRI have expressed a strong desire to turn the development trends around. It is important that the Hemlock Valley’s reputation as a local recreational area become better known. There is also a desire to make Hemlock Valley into an all-year-round recreational area that can serve the upper Fraser Valley area. Strong public interest has also been expressed in the type and the location of local commercial development. Members of the community expressed a desire to designate areas for commercial development which may serve visitors as well as the part-time and full-time residents. The commercial development should reflect and complement the centralized “village concept”. It is also important that the community see important issues like road access, community servicing, land use and environmental restraints addressed, as well as an in-fill of the existing residential designated lots, before more land is made available for future residential development. The community is optimistic that this strategy will assist in improving the investment climate within the community.


Another important aspect of the new community focus in Hemlock Valley is the need for improved community participation in important land use issues. The lack of community involvement in the land use decision making process has created frustration in the local community. However, with an Official Community Plan in place and, eventually, complete zoning regulations, the community will be a crucial part of the future planning processes and development proposals.

2.5 Ski Resort Development and Operating Agreements

2.5.1 The Commercial Alpine Ski Policy The Commercial Alpine Ski Policy governs all ski development on Crown land in the Province and is administered by a Crown Corporation: British Columbia Assets and Lands. Hemlock Valley is unique in that it commenced development before the Commercial Alpine Ski Policy was in place, and it is generally recognized that development at the base area has occurred more rapidly than the development of the ski hill area. The policy is based on a premise that the development of the recreational potential of the mountain will generate corresponding approvals for land development at the base. The Policy also provides an outline of how ski developments will be reviewed and processed, and establishes the terms of reference for preparing a Ski Area Master Plan. The Ski Area Master Plan serves as a guide for long-term development of the ski area. Once a Master Plan is approved, the Province enters into discussions with the ski area operator to develop a comprehensive Master Development Agreement. This agreement outlines the process upon which the ski area can acquire various permits and tenures to operate on Crown land and specifies how Crown land can be acquired in fee simple for residential and commercial purposes.

2.5.2 Master Plan The Commercial Alpine Skiing Policy (CASP) requires that ski areas prepare a comprehensive long-term plan for the resort. This document is called a Ski Area Master Plan and is intended to illustrate the detailed design of the resort. A master plan generally contains the following information: Physical site analysis Avalanche assessment Ski slope analysis Environmental impact assessment Location and design of roads and parking Non-skiing activities and amenities Overall resort carrying capacity and design capacity Base area evaluation Civil engineering report on resort service requirements Architectural design concept and location of proposed buildings Accommodation plan and evaluation of commercial space

In August of 1995, HVRI submitted a draft Master Plan, prepared by D.R. Matthews & Associates Inc. to the Province: Ministry of Environment Lands and Parks - British Columbia Assets and Lands (BCAL). The Plan was reviewed by the Ministry, various agencies, the public as well as by an independent ski area consultant retained by the Ministry. The Regional District


reviewed the draft Master Plan and suggested that the proposed base area work be reconsidered. The Regional District recommended that the Plan state that any expansion of housing capacity should only occur where justified by demand and that the location for new housing areas, when required, should be subject to a detailed review, including confirmation of sewer and water capacities before approval. In late 1996, the Master Plan was withdrawn by HVRI. In early 1997, HVRI entered into an Interim Agreement with the Province. This agreement provided a specific term for the resort to prepare a Master Plan and initiate discussions with the Province for a long term Master Development Agreement (MDA). In late 1999, an updated Master Plan was submitted to BCAL for review and approval. As of September, 2000, the review was still underway. Once the Master Plan is approved, negotiations will then begin respecting the terms and conditions of the MDA. Usually, once a Master Plan is prepared and approved, local government then initiates preparation of an OCP, which is intended to reflect the vision and direction of the Master Plan. In regard to Hemlock Valley, it was preferred that a Master Plan be approved by the Province before an Official Community Plan for the area was adopted. However, because of time constraints, the subject OCP was adopted before a Master Plan was put in place. Although, both documents deal with the forward plan for the community, it is important to note the differences. The OCP must be established by bylaw and does create a legal foundation for planning and development within the Hemlock Valley community. The OCP contains a more detailed review of land use and servicing policies for the community and will also provide a legal basis for the implementation of those policies. Therefore, an OCP is a more effective tool for community planning than a Master Plan. British Columbia Assets and Lands Corporation has stated that a Master Plan for Hemlock Valley must be prepared and approved prior to the Province approving a long-term agreement for the resort, a Master Development Agreement. Existing agreements are outlined in Hemlock Valley Resorts’ Interim Agreement as discussed in Section 2.5.3.

2.5.3 Hemlock Valley’s Land Use Agreements Prior to 1997, Hemlock Valley Resorts Inc. had four (4) separate Crown land tenures as part of their ski area operations. The base area lease, which essentially covered the bottom of the valley, expired in early 1997. Rather than proceed with the renewal of this lease, the Province negotiated a 5-year Interim Agreement with the resort on February 11, 1998. The Interim Agreement provides the legal provisions for the ski area to operate on Crown land within a 5-year term and outlines a process for Hemlock Valley Resorts to complete both a Master Plan and a Master Development Agreement. The Interim Agreement stated that HVRI is to submit a Master Plan to the Province on or before October 31, 1999. In addition, on or before April 29, 2001, HVRI must describe and demonstrate to the Province their financial capability to implement at least the first phase of the Master Plan. Existing Crown Land Tenures: a) Controlled Recreation Area License (CRA) - Limited to the winter months

The Controlled Recreation Area License encompasses the entire base area (not including privately held lands) and the skiing terrain (see Figure 1.1). The license includes a number of special provisions which allows the ski area operator to control use and access on Crown land within the resort area boundary. This form of license is consistent with all other ski areas operating on Crown land in the Province.


b) Lift Easements

Hemlock Valley Resorts Inc. has two easements over Crown land, covering three ski lifts within the ski area (see Figure 1.1). The easements provide HVRI with the ability to construct, operate and maintain ski lifts within a specified and defined corridor of Crown land. The easement agreement expires concurrently with the Interim Agreement on April 21, 2001.


3 COMMUNITY PROFILE 3.1 Land Use and Development Potential Hemlock Valley was created as a destination resort community and naturally the majority of the land allocated for development was designated for residential development. However, because of Hemlock Valley’s geographical location in mountainous terrain, the area suited for residential development is limited. In order to determine the existing and potential land uses in Hemlock Valley, one needs to address the land use restrictions that currently exist. The majority of the lots in Hemlock Valley have building schemes registered on title stating the maximum residential development potential for each individual lot. However, in December of 1996 one of the building schemes expired and as a result a “Resort Residential-2” zone (RST-2) was introduced to govern 92 lots. As Table 1 clearly indicates, the majority of the existing lots created in Hemlock Valley are used or have potential for residential development. Table 1. General Land Use; Residential Development and Future Development Potential

Land Use Classification No. Vacant

Lots

No. Res. Vacant

Units

No. Developed

Lots

No. Res Developed

Units

Total No of Lots

Single Family Dwelling 107 107 70 70 177 Duplex 39 78 8 16 47 Fourplex 14 56 5 20 19 Sixplex 11 66 9 54 20 Multiunit Complex (17, 24, 37 & 2x60 units)

4

138

1

60

5

Transportation & Utilities - N/A 2 N/A 2 Civic & Institutional 6 N/A 7 N/A 13 Total 181 445 102 220 283 *Source: BC Assessment, Regional District Building Permit Records and Applicable Building Schemes, April, 1998 The majority of the residential development potential in Hemlock Valley is located on properties designated for multi-family use. According to Table 1, there are 283 lots designated for residential and future development: 177 of the 283 lots are designated for single family dwellings; 47 for duplex development and 19 for fourplexes and 20 for sixplex development. Furthermore, 4 lots are designated for multi-unit residential development (17 - 60 units). Only 15 lots in Hemlock Valley are designated for transportation, utilities, civic or institutional use. These lots consist of such uses as the ski lodge, maintenance building, fire hall, refuse station and the sewage treatment facility. Table 1 also shows the large number of undeveloped lots in Hemlock Valley. According to Table 1, 65% (175 lots) of the lots designated for residential development are vacant. Approximately 60% (107 lots) of the lots designated for single family residential are undeveloped. The numbers of undeveloped lots for duplexes, fourplexes and sixplexes are also high; 86 lots are designated for duplex, fourplex or sixplex development, whereof 75% (64 lots) are still vacant. Furthermore, the 64 vacant lots have the potential for 200 residential units to be developed. Four of the five properties designated for multi-unit complexes (17-60 units) are still vacant. Of the total 445 developable residential units in Hemlock Valley, approximately 72% (338 units) are located on properties designated for multi-unit dwellings.


The majority of the residential lots were developed in the late 1970’s and early 1980’s. The high rate of undeveloped residential designated lots are an indication of stagnating development in the community. From the numbers presented in Table 1, it is also clear that there is a surplus of undeveloped lots in the community and that the development potential for the community lays within the already existing lots. Therefore, the need to designate more land for conventional residential development within the Plan area will need to be carefully assessed with respect to providing adequate services in order to accommodate the increased capacity, hence somewhat limiting the prospect for future residential development. The following historical sales figures for vacant and developed residential lots in the area also strengthens this argument (see Table 2). Table 2. Sales Figures for Vacant and Developed Lots in Hemlock Valley

Years 1988 - 1998 No. Vacant Residential Lots sold once 94 No. Vacant Residential Lots sold twice or more 34 Total Vacant Residential Lots 176 No. Developed Residential Dwelling Units* sold once 174 No. Developed Residential Dwelling Units* sold twice or more 106 Total No. Developed Residential Units 220 * Dwelling units includes single family dwelling and units in condominiums, duplexes, fourplex and rowhouses Source: Fraser Valley Regional District Planning Department, April 1999 According to B.C. Assessment, 94 vacant residential lots (approximately 53.4 %) were sold once in the last 10 years (1988-1998), and 34 (19.3%) of the 94 vacant residential lots were sold twice or more in the same time period. The sales figures for developed residential units were higher; approximately 79% of the total developed residential units were sold once between 1988 and 1998. Furthermore, of the 174 developed residential units, 106 of them were sold twice or more in the same time period. The relatively higher sales figures for developed residential units compared to vacant lots may be an indication of the relatively lower prices for developed lots as compared to the prices for vacant lots. Based on B.C. Assessment’s sales figures for the last 4 years (1995-1998), the average price for a vacant residential lot was approximately $31,000.00. Furthermore, according to the applicable building schemes for the subject lots, approximately half of the properties had the potential for multi-residential use. The average price for a single family dwelling was approximately $100,000.00. When compared with sales figures for other similar resort communities such as Silver Star and Sun Peaks in the Kamloops area, the prices and absorption rates were significantly higher in these two areas.

3.2 Population According to B.C. Assessment, 1998, there are currently 21 permanent, all-year-round households in Hemlock Valley. These figures also correspond with the information provided by the residents of Hemlock Valley. The population in Hemlock Valley tends to fluctuate from 30 to 110 residents with the winter season being the peak season. Based on these numbers, it is clear that the majority of the property owners in Hemlock Valley use their properties for recreational purposes. There is no current or historical census information specifically for the Hemlock Valley area and it is therefore not possible to provide a more accurate and detailed picture of the area’s demographic.


3.3 Geographical Development of the Hemlock Valley Community The historical residential development of Hemlock Valley is shown on Figure 1.2. As the figure shows, the community was built “inside-out”. The land located in the centre of the developed area was designated for low density residential development, while the land located on the outskirts was designated for higher density residential development. A large portion of the land designated for single family residential development is located on gently sloped and easily accessible land. The areas were developed in the late 1970’s and at that time a building scheme was placed on title designating the land for single family residential development. The land is marked orange in Figure 1.2 and shows that the majority of the subject lots are located in the Snowmist Drive, Downing Road, Mt. Keenan, Snowflake Place and on the north side of Edelweiss Drive. The land designated for high density residential development was developed in the early 1980’s and is marked green in Figure 1.2. The landscape is characterized by steep terrain and in some instances, is difficult to access. The land with less physical restraints has been designated for low density residential development while the high density residential development has been located toward the mountain sides. In the case of Hemlock Valley, the developer saw it as economically beneficial to develop the relatively accessible land first in the 1970's, in order to finance expensive development located in the more difficult terrain. Then, in the 1980’s, the most difficult and inaccessible sites were developed as high density residential development. The fact remains that this development pattern would not have been conceived in this fashion had a forward plan been in place originally. Clearly, this was an attempt to plan a new resort oriented town, however, such basic things as services capacity were not adequately considered. Furthermore, when Hemlock Valley was developed, the focus was mainly on the downstream environmental impact and ski slope capacity, instead of the residential development. Therefore, the built-up environment of Hemlock Valley is the result of yesterday’s planning practices. Also, it is by no means certain that in the long-run, the Regional Board will find it possible to maintain, low density zoning on the best sites while identifying more difficult sites for high density development.

3.4 Building Statistics Building inspection services were not available in Hemlock Valley prior to 1979. Consequently, a substantial number of structures, built prior to that year, do not have building permits. According to Table 3, between 1979-80 the total value of all building permits amounted to approximately $2.4 million, 98% of which, related to residential construction. Building activity was sustained between 1981-85. A total of 17 building permits were issued for a total value of approximately $2.7 million, during which time residential construction, once again accounted for the major percentage of the total value of building permits issued. Between 1986-90, a total of 31 building permits were issued for a total value of approximately $510,000, a permit value decline of approximately 52% compared to the previous period, 1981-1985. Although the number of building permits issued increased, the total value of building permits declined significantly because the majority of building permits issued during this period were issued for residential improvements. Between the period of 1991-95 a total of 70 building permits were issued, with a total value of approximately $1.3 million, an increase of approximately 38%, from the previous five year period. Several new residential projects were initiated which would account for the increase in


the total value of building permits issued. Generally, residential construction has accounted for the majority of building permits issued in Hemlock Valley, followed by residential improvements, and only one building permit issued for a commercial building during the period of 1986-90.


Table 3. Building Permit Statistics for Hemlock Valley, Portion of Electoral Area “C”

Year

Single Family

Dwelling & Multiple

Residential Dwelling

No. Dwelling

Units

Value of Residential

Construction $

No. Residential

Improvements

Value of Residential

Improvements $

No Renewal

No. of Commercial

Building Permits

Total Permits

Total Value $

1979*-1980 22 $2,366,400 -- -- -- -- 22 $2,366,400

1981-1985 12 $2,619,575 4 $53,000 1 17 $2,672,575

1986-1990 4 $253,045 23 $224,004 2 1 30 $512,049

1991-1995 14 $1,189,365 36 $145,420 20 70 $1,334,785

1990 2 $112,400 18 $34,600 1 -- 21 $147,000

1991 3 $97,320 17 $22,800 -- -- 20 $120,120

1992 4 $231,705 6 $10,000 2 -- 12 $241,705

1993 5 $688,440 6 $3,500 8 -- 19 $691,940

1994 -- -- 3 $85,070 4 -- 7 $85,070

1995 2 $171,900 2 $24,050 6 -- 10 $195,950

1996 -- -- 3 $10,000 2 -- 5 $10,000

1997 1 $263,445 1 $5,000 4 -- 6 $268,445

*1979, first year of building inspections by Fraser Valley Regional District Source: Fraser Valley Regional District Planning Department, April 1999


4 ENVIRONMENTAL ISSUES 4.1 Geotechnical Hazards Hemlock Valley is a resort and therefore its success is dependent upon the success of the visitor experience. It is expected that any development in Hemlock Valley would strive to achieve a high quality of design standards, while being cognoscente of the natural limitations imposed by the alpine and mountainous environment. This has been facilitated by the development of a set of guidelines established through the mechanism of Development Permit Areas. Development Permit Areas ensure that new development occurs on land safe for construction, protect the natural environment, as well as set out design guidelines that outline the intended theme and character of development in Hemlock Valley. These guidelines are not intended to be exhaustive in nature, but rather to ensure that all future development will be reviewed in context of the existing geotechnical hazards and surrounding development. The Regional District supports the residents of Hemlock Valley in their concerns for the protection of private property from snow avalanche and other geotechnical hazards. Hence, in order to determine the location of geotechnical hazards within the Plan area, an overview geotechnical study was undertaken by Thurber Engineering Limited (TEL) and D&E McClung Enterprises Limited: "Hemlock Valley Official Community Plan, Stage 1 Overview Study of Geotechnical Hazards (1999)", which included an “Overview Avalanche Hazard Assessment: Hemlock Valley, British Columbia”, prepared by David McClung, Ph. D., P. Geo, of D&E McClung Enterprises Limited. In addition, an addendum was also completed: “Addendum to Hemlock Valley Official Community Plan Stage 1 Study: Overview of Geotechnical Hazards. Recommended Prohibition of Logging and Forest Road Permits on the South, East and North Slopes of Mount Keenan”, Thurber Engineering Limited (TEL). The overview geotechnical report was prepared in two parts and consisted of an analysis of the geotechnical hazard potential within the residential development of Hemlock Valley. TEL completed an overview of landslide and flood hazards, while the snow avalanche hazard component of the study was undertaken by Dr. David McClung, Ph. D, P. Geo, NSERC-FRBC-CMH Chair in Snow Avalanche Science.3 The overview study identified areas with either significant, potential or no apparent hazards, see Figure 2.1. As well, those hazards which are most likely to occur including: snow avalanches, rock falls, debris landslides, debris flows and creek flooding and erosion, were identified. The first part of the study, completed by Thurber Engineering Limited identified hazards associated with geomorphic processes including creek floods, creek erosion and deposition, gullying, rock fall and landslides such as debris slides and flows. The second part of the study, a preliminary snow avalanche hazard assessment, prepared by Dr. McClung, identified areas susceptible to snow avalanche hazards as well as areas where a site specific snow avalanche study would be required. As a result of the preliminary snow avalanche hazard assessment study, a decision to undertake a secondary snow avalanche study was made. The secondary study, "Detailed Avalanche Map Study, Edelweiss Drive Area, Hemlock Valley, BC", also

3Dr. David McClung, Ph.D, P. Geo, NSERC-FRBC-CMH Chair in Snow Avalanche Science. NSERC-Natural Sciences and Engineering Research Council; FRBC-Forestry Resources British Columbia; CMH-Canadian Mountain Holidays.


completed by Dr. McClung, included more detailed information about avalanche zone mapping in Edelweiss Drive, Snowmist Drive and sewage lagoon areas. The geology hazards map, discussed in the 1999 Thurber report, as shown on Figure 2.1, designates areas according to the hazard potential: significant hazard (SH); potential hazard (PH) and no apparent hazard (NAH). The TEL section of the report identified hazards associated with geomorphic processes including creek floods, creek erosion and deposition, gullying, rock fall and landslides such as debris slides and debris flows. The report identified not only the natural processes previously mentioned, but also human activity that could trigger and promote erosion and landslide hazards. The study has enabled the Regional District to set out policies regarding geotechnical hazards. Schedule HV-2 and Schedule HV-3, of the Official Community Plan show the location of those lots that have been designated for protection from hazardous conditions. In areas affected by significant geotechnical hazards, no further construction or subdivision will be permitted until further detailed studies have been completed. In some areas, policy will require that a site specific geotechnical report prepared by a geotechnical or hydraulic engineering professional, be submitted, pursuant to Section 699 of the Local Government Act. This will ensure that the land is safe for the intended use, prior to issuance of a building permit. The development permit areas have been established to provide guidelines for protection of development from hazardous conditions within the residential areas. Utilizing the information from the geotechnical reports two (2) development permit areas have been established:

Development Permit Area 1-HV: “Geotechnical Hazard Development Area 1-HV”, shown on Schedule HV-2. Development Permit Area 2-HV: “Snow Avalanche Hazard Development Permit Area 2-HV”, shown on Schedule HV-3.

The study has identified the following areas as being potentially susceptible to hazards: Edelweiss Drive Area: subdivided lots in the Edelweiss Drive area are exposed to long term probabilities of debris flows and snow avalanches. Permit reviews in this area will therefore be complicated and hence site specific geotechnical reports will need to be prepared for proposed developments in this area. Creek-eroded slopes and west of Sakwi Creek Road Area: A number of lots along Sakwi Creek Drive and its extensions, include the tops of steep and creek-eroded slopes. A horizontal setback safeline from slope crests has been established and forms part of Development Permit Area 1-HV, as shown on Schedule HV-2.

Quarry Area: A quarry at the north end of Enzian Drive is susceptible to rock fall hazard. It is therefore recommended that any further excavation of the area be subject to engineering analysis to assess the stability of the cliff face and the slopes above. As well, the report recommends that the quarry area be fenced off in order to restrict public access to the area and that no heavy equipment shall be permitted in the area until an engineering analysis of the area has been completed. Bedrock Canyon: Canyon walls on upper Sakwi Creek are extremely steep and it is therefore recommended that skier and hiker access to the top of the canyon be restricted.


Flood Hazard Area: The report recommends that any building to be constructed in the area of the maintenance yard (Laurel Road) be flood-proofed.

4.1.1 Avalanche Hazards Two avalanche studies were conducted in the 1980’s to determine the extent of the avalanche problem for the Edelweiss Drive area. In 1981, the Ministry of Transportation and Highways (MoTH) conducted an avalanche hazard assessment. The study found that several properties were exposed to frequent and powerful avalanche hazards while some properties were located in a potential hazard area. As a result of these findings, Hemlock Valley Recreations Ltd. initiated a snow avalanche hazard study for the same area in order to provide guidelines for further development proposals in the area. The study entitled “Avalanche Hazard Analysis and Land-Use Recommendations at Selected Portions of Hemlock Valley Bowl, British Columbia”, was conducted by Arthur I. Mears, P.E., Inc. and completed in 1982. The study identified 8 lots located in a severe avalanche hazard zone (the “red lots”). As a result of the study, a “Restricted Occupancy” (L-3) zone was introduced to Hemlock Valley. Residential development is prohibited on all L-3 zoned lots. In order to compensate HVR for the loss of the eight residential lots, the Province agreed to approve the disposition of additional lands in the lease area in order to allow HVRI to compensate the affected land owners. The affected property owners were granted new residential lots in the Laurel and Snowmist Place areas. The difference between the two studies was essentially one of “return intervals”. Whereas Ministry of Transportation and Highways uses a 300-year return period as a guideline for safety, Mr. Mear’s report used a 100-year return interval. The study found that approximately half of the lots affected by avalanche hazards are due to previous logging activity above the lots. The Ministry of Transportation and Highways recommended that a detailed study examining reforestation and engineering measures be conducted in order to reduce the hazard. MoTH predicted that the reforestation of the affected area would drastically reduce the avalanche hazard. As a result, Hemlock Valley Recreations Ltd. agreed to reforest the slope during the summer of 1982. In addition, a clause in the development agreement between MoELP and Hemlock Valley Recreations Ltd. was inserted in order to ensure tree maintenance and replacement in the area. Given the known history of the avalanche hazard in the area, the Regional Board, as part of the community plan process, contracted the services of Thurber Engineering Limited. As previously stated, the snow avalanche component of the report was prepared by Dr. David McClung, P. Geo. The snow avalanche component of the report identified snow avalanche hazards on the west side of the community from the sewage treatment buildings on Hemlock Valley Road; in the residential area north along Edelweiss Drive to its north end, and in the Snowmist Place and Snowmist Drive area. Snow avalanche activity was also identified in the community water supply. According to the snow avalanche hazard assessment study, Hemlock Valley has a maritime snow climate characterized by relatively warm winter temperatures, moderate to heavy snowfalls and the possibility of rainfall during the winter months. The combination of climatic factors and the elevation of Hemlock Valley, reduces the frequency of large destructive snow avalanches in the short term. The return intervals derived for the 1999 study are on the order of several hundred years (300-500 years). The study states that most of the avalanche threat in Hemlock Valley is due to logging activity in 1963. Hence, as protective cover returns in both the start zones and the run-out zones, the annual probability of occurrence of snow avalanches will


decrease. The delineation of areas affected by snow avalanche hazards, including the probability of such events, enhances and clarifies the understanding of these hazards. The study identifies areas where further building would be permitted provided that protective forest cover is not altered; areas where further building would be possible, provided that detailed site evaluation was done, but generally not recommended; and finally, areas where further building should not be permitted without avalanche protection. These requirements would need to be met by the owner of a subject property, pursuant to Section 879(1) of the Local Government Act, prior to the issuance of a building permit. The study identifies seven (7) high hazard areas. These hazard areas fall within an area delineated by an Avalanche Hazard Line (AHL), as shown on Schedule HV-3 of the Plan. These areas contain either well-defined avalanche paths above, or terrain which could produce potentially destructive avalanches. The seven high hazard areas are shown on Figure 2.2 and are as follows:

Site 1: north-west end of Edelweiss Drive; Site 2: approximately 60.0 metres in a north-west direction from the intersection at

Edelweiss Drive and Larkspur Road; Site 3: directly above Rock Bluff Condominium Complex (Edelweiss Drive); *Site 4: 250 metres south-east from where Edelweiss Drive intersects Larkspur Road; Site 5: intersection of Edelweiss Drive and Hemlock Valley Road; Site 6: directly above Snowmist Place; and *Site 7: Hemlock Valley Sewage Maintenance Building (* The potential for avalanche existed prior to 1963 logging activity)

4.2 Snow Load Hemlock Valley is located at approximately 1000 meters elevation above the Pacific Ocean. The climate is characterized as marine with relatively mild winter temperatures, frequent rain falls and heavy snowfall in the winter season. These climate conditions generally produce a deep and dense snow pack by early to midwinter. In regard to snow load requirements in Hemlock Valley, the National Research Council and Stanley Associates Engineering were involved in establishing the snow load level in 1996. The snow load was determined to be 22.0 kPa. (459.4 pounds per. sq.ft.). Thus, all structures built in the Hemlock Valley area need to be designed and signed off by a professional engineer or professional geoscientist, proficient in snow avalanche hazard assessment certified in the Province of British Columbia, to ensure that the construction meets these requirements.

4.3 Flooding and Erosion Flooding and erosion hazards require adequate setbacks from watercourses and floodproofing standards for development. Sakwi Creek and its tributaries are the significant watercourses in


the Plan area. According to the Minister of Environment, Sakwi Creek has a history of flooding in the past and continues to pose a relatively high flood and erosion threat to the community. Much of the existing development in Hemlock Valley is located on high ground well above Sakwi Creek. However, many lots were created with insufficient setback areas from the top of the ravine banks, and may therefore have problems meeting the required flood protection measures. This is prevalent in the Snowflake Crescent, Sakwi Creek Road and Laurel Road and Laurel Place areas. In order to protect new development from land slip associated with erosion at the toe of the river ravine, the Ministry recommends that buildings not be located less than 15 metres from the top of the ravine bank of Sakwi Creek or its tributaries. Further, where Sakwi Creek issues from the ravine near Hemlock Valley Road and Laurel Road, a threat of radical channel shifting is present. To provide adequate channel capacity and allow for natural channel shifting during annual spring freshet events, the Ministry recommends that a 30 metre wide flood corridor be maintained on either side of the natural boundary of Sakwi Creek. In addition, when the residential subdivisions were developed, the Ministry of Environment required that a standard covenant be registered on title to ensure adequate flood and erosion protection. The covenant established the setback requirements as 30 metres from the natural boundary of Sakwi Creek or within 15 metres of the natural boundary of any tributary of Sakwi Creek. As well, the covenants established the flood construction elevations to be not less than 3 metres above the natural boundary of any watercourse. Where Zoning Bylaw No. 100, 1979 applies, the requirements for floodproofing are similar to the requirements stated in the covenant. Based on the aforementioned requirements, the Regional District, acting on the advice from the Ministry of Environment, Lands and Parks requires that any new development must meet floodproofing requirements established within the covenants registered on the subject titles of properties, or as established with the covenants registered on the subject titles of properties, or as established by Ministry of Environment, Lands and Parks: Water Management Branch, based upon site specific referral. Any new development within the established setback zones must be reviewed and a development variance permit may be issue upon approval by the MoELP prior to construction. In order for the Ministry to consider a variance to the setback requirements, the applicant may be required to submit a positive geotechnical report undertaken by a professional engineer with training and experience in geotechnical engineering. The OCP policies will include the establishment of Development Permit Area 1-HV which will aim to protect proposed development from flood and erosion related hazards by ensuring that development is safe for the use intended. Alluvial fans present special flooding and erosion concerns and therefore all construction within an alluvial fan should be elevated at least 0.6 m above natural ground level, or as determined by the Ministry of Environment.

4.4 Wildlife Habitat and Environmentally Sensitive Areas There are areas of undeveloped land within the Plan area which provide a diverse habitat for many species of wildlife. The OCP policies will include the establishment of Development Permit Area 3-HV, Schedule HV-4, which will aim to protect these wildlife habitat and environmentally sensitive areas. Guidelines for this Development Permit Area ensure that new development will not pose a threat to sensitive riverine habitat and the community watershed.


The Sakwi Creek and adjoining streams provide an important spawning and migratory habitat for salmon and other species of fish. Perhaps even more importantly, is the community’s location in the headwaters of the Sakwi Creek Watershed and the potential for impacting downstream activities. The downstream reaches of Sakwi Creek is a critical spawning and rearing stream for sockeye, chum and coho salmon, as well as important spawning and rearing stream for resident rainbow and cutthroat trout. The Weaver Creek Spawning Channel, a federally funded fish hatchery, is located downstream of Sakwi Creek. The channels were completed in 1965 and are approximately 3.0 kilometres long and 6.0 metres wide. Sockeye, Chum and pink salmon return to these channels in the fall. Because of the important fish habitat downstream of Hemlock Valley, the Plan provides for setback requirement of development from Sakwi Creek. The maintenance of Sakwi Creek headwater area is essential for the protection of critical adjacent and downstream fish habitats. The environmentally sensitive areas are shown on Schedule HV-4 of the Plan. According to the Ministry of Environment, Lands and Parks, Wildlife and Habitat Protection Branch, the exact wildlife values of Hemlock Valley are unknown. However, due to the area’s proximity to the Coastal Mountains and its relatively natural state, the diversity and abundance of wildlife species, including rare and endangered species such as the spotted owl, is expected to be very high. It is most likely that wildlife species such as the tailed frog, American bittern, turkey vulture, Northern goshawk, Pacific water shrew, bobcat, cougar, blacktailed deer, black bear and Trowbridge’s shrew are located in or adjacent to the Hemlock Valley area. Sakwi Creek, a tributary of Waver Creek, has also been identified as an important bird area by the Canadian Wildlife Service. Specific policies concerning fish and wildlife habitat protection are contained in PART II, Section 6.3 of the Plan and Development Permit Area 3-HV.

4.4.1 Cohen Creek Community Watershed Hemlock Valley is surrounded by Mount Klaudt (1400 metres) to the east, Mount Keenan (1400 metres) to the south and Mount Downing (1500 metres) to the north. Hemlock Bowl is located in a narrow valley at the headwaters of Sakwi Creek. The two major creeks in the area are Cohen Creek which then converges into Sakwi Creek at the base area. Sakwi Creek is the collecting stream for the valley’s surface water and converges into Weaver Creek at the base of the mountain. Cohen Creek Community Watershed is classified as a community watershed under the Forest Practices Code of British Columbia Act (FPC), Section 41(8). The community watershed exists over Crown land in the south-west portion of the valley, as shown on Scheduled HV-3, and covers approximately 60 hectares. The watershed is located on Crown lands, however, it is outside the Provincial Forest. The FPC applies to any forest management activities that may take place on Crown land that lies within the Plan area. Therefore activities within the Cohen Creek community watershed would be subject to regulations in the FPC which govern activities in community watersheds. The residents and the ski resort are concerned about the protection of the watershed in order to protect both water quality and quantity. In particular, it is important that access to the watershed reserve be limited in order to protect the source of the community water system. Through the public consultation process, important issues like road access to the watershed, marking of the watershed boundary and the importance of restricting activities in the watershed were raised. However, there are currently no land tenure or other legal agreements which provide for any restrictions on the Cohen Creek Watershed area.


From a planning perspective, this implies that a series of management and protective measures should be taken to assure the continuance of a safe, long-term water source. The policies of the Plan are concerned with the management and protection of the entire watershed area. One of the major challenges for the Plan is to establish effective policies to protect the areas from conflicting land uses and development. The policies are designed to provide a basis for ongoing liaison and co-operation with the Ministry of Environment, Lands and Parks and the Ministry of Forests. Specific policies concerning watershed protection are contained in PART II, Section 6.4 of the Plan and Development Permit Area 3-HV.

4.4.2 Stream Protection Stream and water quality protection is a major concern in the community plan process for Hemlock Valley. The location of the community at the headwaters of the Sakwi Creek watershed stresses the need for stream and water quality management. The Plan’s policies that protect the water resources are also policies which will protect the tourist, residential and economic potential of the area of the long term and the communities downstream which are outside of the Plan area boundary. Water courses in the Province are protected by the Ministry of Environment under the Fisheries Act and the Water Act. The rights to use or divert (which includes such things as altering stream channels) water in a stream, are vested in the Crown and many only be acquired through the licencing process administered by the Water Management Branch of the Ministry of Environment. The Plan area also possesses significant fish and wildlife values which have an impact on such values outside the Plan boundary. Some of the streams in the area suffer from low flows during summer months partly as a result of extraction for water supply purposes. The water quality in the Plan area has a direct impact on these wildlife resources and upon the spawning and rearing habitat along the side channels of the Harrison River. The Regional Board supports the provincial objectives in maintaining high water quality through environmental protection measures. The most important Regional District contribution to these measures lies in control and regulation of development. The policies of the Plan provide for special protection measures where development is proposed adjacent to streams and water bodies. For example, in the vicinity of significant waterbodies, the Regional District will recommend to the Regional Approving Officer for Subdivisions that a 7.0 metre wide leave strip be dedicated to the Crown. The Plan encourages the use of the Ministry of Environment reports, “Guidelines for Land Development and Protection of the Aquatic Environment” and “A Review and Resolution of Fish Passage Problems at Culvert Sites”, as guidelines in all development proposals within the planning area. In approving new development submissions, the Regional Board will give special attention to measures which will include from the maintenance of streams in as natural condition as possible to the prohibiting uses which require the placement of fill in river channels. Specific policies concerning stream and water quality protection are contained in Part II, Section 6.2 of the Plan.

4.5 Forestry Hemlock Valley and the surrounding areas have a history of logging which dates back to the 1960’s. H&F Logging first opened the area for logging. Several companies have been logging in the area since this time. After the harvesting took place in and around Hemlock Valley, young


forests were re-established either naturally or by planting young trees. The regenerated forests are now between 1 and 60 years of age. As part of its forest management mandate, the Ministry of Forests has also completed many stand management activities in second growth stands to encourage healthy, productive forests. The previous logging practices in Hemlock Valley and the surrounding areas have presented some specific environmental and geological hazard concerns. An increased avalanche potential has been identified due to harvesting that took place prior to development of the community (Section 4.1.1). Today, the area is comprised primarily of good second growth stands of Douglas Fir and Western Hemlock with minor components of Cedar and other coniferous and deciduous species. It is important to note that the surrounding area is within the Provincial Forest Reserve while the Plan area has been excluded. Areas that are designated as Provincial Forest are managed by the Ministry of Forests to protect natural resources while providing economic benefit by managing the forest resources. Although no recent harvesting activities have taken place within the Plan area, the surrounding forests will continue to be managed for forest resources now and in the future. Any forest management activities will be subject to the Forest Practices Code of British Columbia Act and other relevant legislation. As well, an addendum to the overview geotechnical study prepared for the OCP, recommended the prohibition of logging and forest road permits on the south, east and north slopes of Mount Keenan. Existing roads within the Plan and surrounding areas are frequently used for recreational purposes by the Hemlock Valley community. Many of the roads are deteriorating and are therefore of reduced recreational value to the residents. Road rehabilitation work is normally carried out using Forestry Renewal BC (FRBC) funding. According to the Ministry of Forests, the Plan area and surrounding area has not been evaluated to determine eligibility for work by FRBC. Priorities for road restoration projects within the Chilliwack Forest District are rated on the anticipated benefits to fish, water, and forest resources. A management plan that prioritizes FRBC project proposals has been developed and is reviewed annually by MOF in the Chilliwack Forest District. In regard to further forest management activities in the surrounding area, the public has an opportunity to comment on any proposed forest development during the Forest Development Plan review process held each year by Licensees in the Chilliwack Forest District.

4.6 Mineral and Aggregate Resources The Plan area is located entirely within the New Westminster Mining Division. The area is underlain by the Harrison Lake Formation of Middle Jurassic age. This formation consists of lavas, tuff and breccia of andesitic to rhyolitic composition. Where these rocks are intruded by younger granitic plutons, favourable environments exist for gold and silver mineralization. The petroleum and natural gas potential within the Plan area is non-existent; however, the potential for geothermal resources could be favourable in view of the fact that the Plan area is situated between Harrison Hot Springs and a group of hot springs near the north end of Harrison Lake. According to the Province’s MINFILE, a database of all known mineral occurrences, there are no MINFILE references; however, there are five significant occurrences in the immediate vicinity of the Plan area. These occurrences are located to the southeast, north and northeast of the Plan area. The occurrences indicate good potential for discovery of economically important vein and disseminated copper deposits in the area. Furthermore, the mineral potential of the area is classified as having no significant known deposits, but present a favourable geological


environment. Known sand and gravel deposits exist along the alluvial areas associated with the main streams in the Plan area. However, there are no existing gravel pits within the Plan area. There are two current mineral tenures within the southern portion of the plan area. Although the tenures only cover the southern part of the Plan area, additional tenures may be staked in the future. According to the Ministry of Energy and Mines, the Plan area is considered to have good potential for future exploration and development of subsurface mineral resources. The Ministry is concerned that reasonable access to potential areas of subsurface mineral resources is maintained. The Ministry is committed to ensuring that mining activities are carried out in a safe, environmentally responsible and publicly acceptable manner, and will continue to refer applications for approvals of mining activities to the Regional District for comments. The Plan policies provide for the conservation and utilization of mineral resources while protecting surrounding lands. The Plan does provide for resource extraction use where such uses are compatible with the development policies and objectives of the Plan. Any mineral exploration or development will be subject to the Mineral Tenure Act, the Mines Act, the Health and Safety and Reclamation Code for Mines in British Columbia, and all other applicable legislated statutes and regulations.

4.7 Park, Recreation and Scenic Resources There are currently no Provincial or Regional Parks located within the Plan area. Although there are two recreational sites administered by the Ministry of Forests in the Morris Valley area (Chehalis River and Recreational Site and Weaver Creek Recreational Site), the location is such that the resort community does not directly benefit from these recreational sites. HVRI has a land tenure over the ski hill terrain, and the public’s use of the land is limited only to the extent that any uses do not negatively impact the viability of the ski hill. There is a need for the community to establish a community park as well as all-year-round hiking trails available to the public. It is also important that any park or trail along the waterfront of Sakwi Creek retain the lands in their natural state as much as possible. These sites and trails can provide the basis for developing tourism and enhancing the community environment. Therefore, as the resort community continues to develop, the need for land designated for public parks will increase. It is especially important for a resort oriented community to have adequate space set aside for public, recreational activities. This will allow the community to become more diversified in terms of year-round leisure activities.


5 SERVICING ISSUES Currently the community service facilities for water, sewage and hydro are owned by Hemlock Valley Recreations Ltd. Water service is provided by Hemlock Valley Water System; sewage services are provided by Hemlock Valley Sanitary Services Limited; and electrical services are provided by Hemlock Valley Electrical Services Limited. The Homeowners Association has, on several occasions, stated its desire for the FVRD to acquire and operate the service facilities. However, the services have not been offered to the Regional Board, and nothing definite has resulted from these discussions to date. In the early 1990’s, the Regional District was asked by the Residents Association to assist in reviewing the servicing situation. A Provincial Planning Grant was made available to the Regional District to undertake an engineering inventory and overview study of the sewage and water utilities at Hemlock Valley. In 1994, Brian Hobbs, P.Eng., of Urban Systems in Kamloops, was commissioned by the Regional District and completed an overview study. The purpose of the study was to report on the condition and state of repair of the systems as well as to evaluate the system’s capacity to service the existing future development. The study also evaluated the facility in terms of the possibility of public ownership. Unfortunately, HVRI did not wish to have the overview study done, and was not able to provide Mr. Hobbs with information pertaining to the operation of the utilities companies. Despite the lack of this information, the study was able to provide some recommendations on how to improve the sewage and water facilities. The following sections provide a brief description of the services, and a brief summary of the findings in the 1994 report.

5.1 Sewage Disposal In 1978 HVR started the construction of the sewage treatment facility. The collection system, the original treatment plant, and the disposal system were based on a design by Sir. William Haicrow. On February 4, 1980 major parts of the treatment facility were destroyed by fire. Mr. Willis Cunliffe was commissioned to undertake a review of the reconstruction alternatives. The current treatment facility is generally based on the recommendations of this report. Hemlock Valley sewage utilities are owned and operated by Hemlock Valley Sanitary Services Ltd. In 1975, the Ministry of Environment issued a waste management permit for the facility authorizing the discharge of effluent from the recreational resort to a creek tributary and then to Maisal Creek. The permit allows for a maximum of 341m3 of effluent per day. Except for the waste management permit and the applicable conditions in the permit, there is no governing body that currently regulates the operation of a private sewage facility. According to the 1994 Urban Systems Ltd. study, the sewage facility is generally capable of meeting the discharge demand of the community. The report found that the sewer plant may reasonably be expanded. However, the lack of functioning flow meters and alarms for the facility was found to be problematic and would expose the operation to risk of failures. The report therefore recommended that in order for the facility to service additional development or meet the theoretical design capacity of 341m3 per day, a maintenance manual was needed.

5.2 Community Water Supply The Hemlock Valley Water System is currently owned and operated by Hemlock Valley Water Services Ltd. The Water Utility Act, regulates this company. The existing water system


components were generally constructed between 1978 and 1981 based on designs by Sir William Haicrow. The water system design has not been significantly modified since that time. Cohen Creek which is fed by Cohen Lake is located to the north-west of the community and serves as the community water source. Currently, the Hemlock Valley Water system serves approximately 220 residential units, the ski lodge and the maintenance yard. Hemlock Valley Water Services Ltd. has a water license with the Ministry of Environment, Water Licenses Branch to divert approximately 15.1 million gallons of water per year. Hemlock Valley Water Services Ltd. also has an additional license for the storage of 2,726 m3 within Cohen Lake. The water intake consists of a pipe extended through the concrete dam and covered by a screen. A chlorinator is located downstream from the storage dam. A concrete dam and a steel tank located north-east of the ski lodge serves as the water storage facility. The distribution system consists of pipes leading from the storage dam to the main line and hydrants. There are also pressure-reducing valve stations located along the distribution lines. The 1994 Urban Systems Ltd. report found that the water system was not fitted with a flow meter, and therefore no record of water use exists. The water source was not monitored and therefore only anecdotal evidence exists regarding its reliability. According to the Fraser Valley Health Region, the current water system appears to be generally physically sound with no reported long standing instances of frequent main line breaks. However, the system is limited in its capacity and will require upgrading to accommodate further expansions.

5.2.1 Water Source Capacity As stated in Section 5.2, the existing water system has a limited capacity and will require expansion as the resort grows. There has been some water capacity problems in the past, but these have been infrequent. In late January of 1993, storage was apparently depleted and demands exceeded the source capacity. Nineteen homes were recorded as having frozen water, and 27 pipes in the main lines were recorded frozen. As a result, during the summer of 1993 and the following holiday season, Hemlock Valley Water Services Ltd. posted an “important notice” advertising that due to a temporary water capacity shortage, residents of the Hemlock Valley were encouraged to preserve water. Prior to the water system being depleted at that time, an existing fire hydrant in the subdivision was inadvertently damaged by a snow plow. The fire hydrant got buried under snow and leaked a substantial amount of water, all unknown to either the utility company or the residents of Hemlock Valley. Once the broken hydrant was located and repaired, the water storage was returned to normal levels. The possibility of increasing the water source capacity was first reviewed by Golder Engineering in 1981 in their report entitled “Geotechnical and Groundwater Evaluation, Hemlock Valley Resort”. The engineering company indicated that one option would be to store additional water above the existing intake. They examined the possibility of expanding the available storage by creating earth filled dams at the outlet to Cohen Lake and two other locations to the north-west and south-west of the concrete damn and intake. A storage license was obtained from the MoELP to this effect. However, work was never implemented. According to the study prepared by Urban Systems Ltd., 1994, it appears that without the construction of a significant berm or dam, completed with outlet controls, the storage would be of little benefit to the community.


The 1994 Urban Systems Ltd. report also recommended that the water source could be upgraded by either further developing and improving the existing Cohen Creek source; or by developing another surface source; or by developing a deep well source. The least expensive option was estimated to be option three. However, due to such problems as unknown aquifer conditions, capacity and chemical nature of the water, the estimated cost may increase. The other options would require the installation of a permanent disinfection facility.

5.2.2 Water Quality According to the Fraser Valley Health Region, the bacteriological water quality based on periodic testing by the Ministry of Health, had been satisfactory until 1993. In August 1993, a routine bacteriological test indicated fecal coliforms in the Hemlock Valley Water System (HVWS) in excess of the Provincial “Drinking Water Guidelines”. The source of the contamination was found to come from an open area which constitutes the head water of the creek, the creek itself, and the water intake pond. As a result, the Ministry of Health issued a boil order to everyone receiving water from the HVWS. In October 1993, the Province enacted new drinking water regulations. They require disinfection of all surface water sources except in very specific and unusual circumstances. Based on this incident of contamination, the Fraser Valley Health Region recommended that Hemlock Valley Water System chlorinate the water. The Health Region also recommended that the reservoir be enclosed behind the dam to preclude the entry of animal and organic debris. It was also recommended that a sand filter be installed with regular cleaning, and removal of debris from the intake source. In 1993, the HVWS installed a chlorinator which is still in operation. However, HVWS, has not implemented the other recommendations made by the Regional Health Board. Problems with unauthorized motorized vehicles operating near the dam affecting the water quality, have also been recorded. The lack of security fencing and signage to prevent unauthorized human entry has been a problem. As well, the potential for animal contamination within the watershed demonstrates the need to cover the water intake and storage facilities.

5.2.3 Water System Distribution According to the Urban Systems Ltd. Report, 1994, the water distribution system meets the requirements of the “Design Guidelines for Rural Residential and Community Water Systems 1988” published by the MoELP, with respect to construction materials, valve spacing, pipeline sizes and hydrant locations and spacing. Based on line sizes and the number of pressure zones, it appears that the water system is able to provide acceptable fire flows and pressure. However, the report states that this cannot be confirmed without knowledge of actual valve settings and ground elevations. The only recorded incidents of line breaks or system failure was the above-noted incident during the winter of 1992-93. It appears that several problems with the water system and the distribution lines arose during this period, which were likely related to or exacerbated by cold weather. The Urban Systems Report, 1994, recommended that the best long-term solution to the water supply situation was to install a flow meter. The meter would be able to determine the actual water consumption rates, the extent of existing leaks and any instances of significant new leaks.


Combined, these factors would be of great benefit in sizing of future works. However, according to the Regional District’s records, this recommendation has not yet been implemented.

5.2.4 Maintenance and Administration The majority of the actual maintenance work and administrative tasks are undertaken by the general maintenance staff of HVRI. The utility is charged on a fee for service basis for any administrative or maintenance services provided by HVRI. It should be noted that the water system operates under the jurisdiction of the Comptroller of Water Rights who reviews and must approve all rates and tolls.

5.3 Hydro, Natural Gas and Telephone Services Originally, the community of Hemlock Valley was served by an on-site power generator. Today, the private electrical utility company, Hemlock Valley Electrical Services Ltd. provides the community with hydro electricity. The private utility company purchases power from BC Hydro and distributes the power to the individual customer. It should also be noted that in order to consider expansion of the resort facilities, additional hydro capacity will be required. The Regional District reviewed the feasibility of extending the natural gas line up to Hemlock Valley. The Regional District, in co-operation with British Columbia Gas Utility Ltd. also reviewed various methods of funding such a proposal. The feasibility study indicated that the costs of such a project would be too prohibitive and therefore the Regional District decided not to proceed with the project. Telephone service is provided by Telus. There are currently 100 residential and commercial telephone lines in Hemlock Valley.

5.4 Fire Protection The Plan area is served by a volunteer fire department. There are approximately 25 volunteer fire fighters who provide excellent service to the residents in the valley. The fire station and the fire truck are owned by the Regional District and are located on Laurel Road. According to the fire chief, there is still one fire hydrant in the Laurel Road area which is not connected to the main water line. The volunteer fire department has also requested that a water source capacity report be provided to them by Hemlock Valley Water Services Ltd. In the past the fire department has experienced problems with inadequate snow removal around fire hydrants and power shortages for longer time periods. It is important that these issues be addressed by the local utility companies in order for the fire department to provide adequate fire protection to the residents in the valley.

5.5 Solid Waste Management Hemlock Valley is located within the Hemlock – Harrison Mills Local Service Area designated for solid waste management. Hemlock Valley has a solid waste management transfer station which currently accepts refuse and recyclable materials. There is currently no residential composting program in place. However, it should be noted that residents are concerned that


backyard composting will attract wild animals. Information regarding composting practices is provided by the Regional District in their information pamphlet “A Beginner’s Guide to Backyard Composting”. The Regional District has recorded several incidents of misuse of the waste depot. The residents and the resort have expressed their concern about the current conditions of the transfer station. The number of waste disposal containers are not adequate for the peak season. As a result, waste is collecting outside the garbage and recycling bins and attracts wildlife to the area. The Regional District is currently exploring options for waste disposal in order to improve the provision of solid waste management services in Hemlock Valley.

5.6 School and Emergency Services Hemlock Valley is located within the Fraser-Cascade School District No. 78. However, according to the District, no children from Hemlock Valley are currently registered with any of the schools in their jurisdiction. However, according to the residents of the valley there are 10 children currently home schooling in the area. The Plan area is served by E911 with centralized dispatch for police, ambulance and fire services. Police and hospital services are provided by Mission and ambulance services are provided by Agassiz.

5.7 Transportation The ability to travel conveniently to and within Hemlock Valley is vital to the resort’s success and liveability. Recognizing that automobiles will remain the principal mode of transportation to the resort for the foreseeable future demonstrates the importance of continuing improvements to the regional and local network. HVR and the Province recognize that any expansion of the resort facilities will require further upgrading of the main access road. Hemlock Valley Road begins in the Weaver Creek area and elevates approximately 800 metres up the steep hills of the Coast Range Mountains. The last 8 kilometres after the bridge are gravel surfaced. An avalanche area on Hemlock Valley Road is illuminated 24 hours for traffic safety. The road system in Hemlock Valley consists of the main access road, and a number of short local residential roads which either loops or cul-de-sac’s off the main road. Hemlock Valley Road acts as both a collector road and the arterial for the mountain. All roads within Hemlock are gravel surfaced. One concern for the residents of Hemlock Valley is related to the changing of road bed heights since the original subdivision of the area. Residents are concerned that road bed heights may in some places be dropping to lower than the height of culverts and this creates safety issues. The Ministry of Transportation and Highways is aware of this concern and will continue to work with the maintenance contractor at Hemlock Valley to address related problems where possible within the context of the maintenance agreement. The Ministry of Transportation and Highways is also concerned about the highway capacity in relation to the existing and potential development in the area. Hemlock Valley Resort also lacks secondary access. Seismic events on this route would therefore create a difficult situation in case of an evacuation of the area. There is an existing logging road on the east side of the


valley which may be used for emergency access down to the Harrison Lake area. However, the state of the logging road is deteriorating, and the road is located on Crown land with limited access. Therefore, in case of an emergency, there may not be any alternative emergency access out of the valley. This is of a major concern to the residents as well as the Ministry. As well, the Ministry is concerned about the year-round drainage. Improved road treatments to prevent winter icing and summer erosion would reduce the inconvenience to the residents and the maintenance costs. However, the Ministry currently has no capital for major rehabilitation works for the main access road into Hemlock Valley, nor for the roads servicing the existing subdivision. The Ministry is also not in a position to finance road widening or road paving. However, the Ministry will continue to monitor the usage of the roads and provide maintenance and minor improvements as deemed necessary for public safety.

5.8 Parking Provision of parking facilities is a major concern for residents, HRVI and the Ministry of Transportation and Highways. During the peak season, parking capacity issues have been identified. Related to capacity are the issues of snow clearance and the storage of cleared snow on Ministry of Transportation rights of way. The Plan recognizes that parking is crucial to the economic well being of the resort and therefore recognizes that adequate areas of land are provided and maintained upon which the principle use is located for the purposes of storing motor vehicles.


Part 2

Schedule “A”

The Official Community Plan For Hemlock Valley,

Part of Electoral Area “C” Schedule “A” of Bylaw No. 0030, the Official Community Plan for Hemlock Valley, Electoral Area “C”. The objectives and policies in the Plan provide a framework for establishing the specific regulations and for formulating land use decisions and recommendations of the Regional Board. This part of the Plan is organized into the following sections:

Section 1 Introduction Section 2 Community Plan Objectives and General Development Concept Section 3 General Policies Section 4 Land Area Designations Section 5 Development Permit Areas Section 6 Environmental Protection Section 7 Infrastructure and Services Section 8 Temporary Use Permits Section 9 Boundary and Administration Section 10 Interpretation

The Official Community Plan maps, which form an integral and legal part of the Plan, are available from the Regional District under separate cover. The maps, at scale 1:XX scale include:

Schedule “HV-1” – Plan Boundary and Land Use Designation Areas Schedules “HV-2; HV-3; HV-4” – Environmentally Sensitive Areas and Geological

Hazards Schedule “HV-5” – Commercial Development Area Schedule “HV-6” – Lots Requiring Flood Protection Measures Schedule “HV-7” – Transportation Network Plan


1 INTRODUCTION In accordance with Section 876, 877, 878, 879, 880 and 881 of the Local Government Act, the Official Community Plan identifies the general pattern of existing and future land use, the appropriate level of services and the conditions under which land may be developed or altered. Within the area designations, specific zoning bylaws will prescribe the form and character of development. Some areas may be designated in anticipation of long term land use change to accommodate future growth. The Plan lists the Community Plan objectives and addresses the general development concepts for the area. The General Policies Section describes the effect of the Plan, provides an index to permitted uses and presents the policies regarding review and amendment of the Plan. This is followed by the rationale, designation and guidelines for Development Permit Areas. Specific Area Designation policies are then presented for conservation and environmental protection, transportation, services, park and social policies, temporary use permits, boundaries and administration. Particular attention should be given to the wording of the Regional Board Policies contained in the Plan: “shall” describes an imperative course of action which is within the scope of the Regional Board’s powers to provide, enact, regulate or enforce; “should” describes a desirable course of action to be taken by the Regional Board or other body of person; “may” describes a permitted course of action which is available to the Regional Board or other bodies or persons; and “will” describes a result to be expected on the basis of present information. The land area designations and policies apply to areas shown on the map of Schedule “HV-1”. Each area designation contains the following: DESCRIPTION is a brief outline and general summary of the purpose and rationale for the designation. The formal statements of Regional Board policy are grouped under the four following sub-headings. GENERAL POLICIES are the policies of the Regional Board regarding the amount and location of land to be designated and the local and regional development policies in a particular land area designation. DESIGNATION POLICIES state the type of land placed in a particular designation and the conditions for extending existing areas or creating new areas in the designation as provided for through Plan amendment. USE POLICIES list the uses that may be permitted on lands within a designation and, in some cases, state the standards under which a given permitted land use must be developed.


SUBDIVISION POLICIES specify the minimum lot size permitted for new subdivisions within a designation under various servicing and other considerations. Many policies in PART II of the Plan are followed by a brief statement of how they will be implemented. The statements on implementation are included to place general plan policies in the context of Regional Board powers and jurisdiction and to assist readers of the Plan in understanding the ways in which particular policies will be acted upon.


2 COMMUNITY PLAN OBJECTIVES AND DEVELOPMENT CONCEPT

The Official Community Plan objectives for Hemlock Valley are listed below. These objectives guide the formulation of policies and the implementation of the Plan. They are derived from a review of land use problems, from the comments of local property owners and from the policies of Provincial and Federal government agencies. Achieving these general objectives will require a careful balancing of priorities in specific situations. Plan Objectives:

• To establish objectives and policies to guide future land use, zoning and development decisions.

• To provide long-term direction for community development and improvements. • To protect and enhance residential and commercial property values by ensuring that

new development is compatible with neighbouring land uses. • To review community needs for infrastructure and services such as water supply, hydro

supply, sewage disposal, fire protection, garbage and recreation facilities. • To provide a forum for community discussion and involvement in further development in

Hemlock Valley. • To promote, support and protect the rights and interests of persons owning residential

properties in Hemlock. • To concern itself with the performance of public bodies and agencies. • To work with public bodies and agencies to enhance the recreational experience of

visitors and persons owning residential properties in Hemlock Valley. • To encourage consultation and dialogue between the owner of the resort, the residents

and persons owning residential properties in Hemlock Valley. • To encourage consultation and dialogue between the owner of the resort, the residents

and public agencies to improve public participation in decision making affecting Hemlock Valley.

• To create stronger ties with the surrounding communities, to improve year-round usage of Hemlock Valley as a tourist recreation area and to cooperate on mutually beneficial improvements.

Figure 1.3 provides a graphic summary of the general development concept of the Plan. The specific policies and area designations which activate this concept are described in subsequent sections of the Plan and as shown on Schedule “HV-1”, “HV-2”, “HV-3”, “HV-4”, “HV-5” and “HV-


6” to the Plan. The Plan’s designations and policies support and enhance the development of the local community and the natural environment located on Crown land. From a regional perspective, the development concept complements the uses and growth of the surrounding areas. The Plan considers Hemlock Valley an asset to the increasing demand for recreational land in the Morris Valley area and other communities in the Fraser Valley. At the same time, Hemlock Valley may benefit from the growing resort oriented community developing along the Morris Valley Road area. In achieving these development goals, Hemlock Valley will contribute to the development of the Region as a whole, as well as providing direct benefits to the local community. The general development concept of the Official Community Plan can be summarized as follows:

Community Resident Areas: • Recognizing the geotechnical and topographical land use constraints; • Recognizing the need to encourage further residential development; • Recognize the need to provide development guidelines for existing and future

residential development, through the introduction of bylaws.

Village Centre Commercial Areas: • Recognizing the geotechnical and topographical land use constraints; • Recognize the need to introduce development guidelines for existing and future

commercial and residential development through the introduction of bylaws and the Plan’s Development Permit Area 4-HV;

• Recognize the need to encourage future commercial and residential development; • Recognize the need to accommodate and provide services to the local community

and the resort’s visitors.

Area of Limited Development Potential:

• Recognize the geotechnical, environmental and topographical land use constraints as identified in Development Permit Area 1-HV, Development Permit Area 2-HV, Development Permit Area 3;

• Ensure that only land use deemed acceptable to these land use constraints are permitted in such areas.

Area of Recreational Value:

• Ensure that land of existing recreational value be preserved; • Recognizing the need to identify land for future recreational use.

Community Water Shed Protection Area:

• Recognize the need to protect the community’s potable water source; • Ensure that any future development does not negatively impact the community

watershed.


3 GENERAL POLICIES 3.1 Effect of the Plan In accordance with the provisions of the Local Government Act, the Regional Board is required to comply with the policies of this Official Community Plan as follows:

a) A zoning bylaw enacted prior to the effective date of this Plan is not altered by this Plan. Where such a bylaw is amended, the amending bylaw must be consistent with the provisions of the Official Community Plan.

b) In accordance with Section 884 of the Local Government Act, the adoption of this

Plan does not commit the Regional Board or any other governmental body to undertake any project outlined herein, nor authorize the Regional Board or any other governmental body to proceed with a project except in accordance with the procedures and restrictions laid down by any Act.

c) In accordance with Section 884 of the Local Government Act, all bylaws enacted and

works undertaken by the Regional Board shall be consistent with the Official Community Plan.

3.1.1 A legally established land use which does not conform to the zoning bylaws may be rezoned to render it conforming regardless of the use policy for the land area designation in which it is located, provided that rezoning applies only to that portion of the parcel in which the non-conforming use is situated.

3.1.2 The area designations and policies of this Plan do not apply or may not be binding on lands or resources owned and administered by federal and provincial governments or on Indian Reserves. However, the provisions of the Plan should be taken into account by those bodies as an expression of Regional Board objectives and a basis for co-operation between different levels of government.

Should a government ministry or agency propose a development which is contrary to the policies of this Plan, then the Responsible Authorities are encouraged to make application for plan amendment as outlined in this Plan. Not only would the application allow the Board to express its interest in the proposed development and provide for public input at a local level, the procedure will enable the Regional Board to adjust its policies for adjacent lands over which it has jurisdiction thereby securing integrated and compatible development throughout the Plan area.

3.2 Review and Amendment The Official Community Plan will require review and amendment to take into account major changes in land use objectives, policies and development pressures. A major review of the Plan should occur every 5 years. This would involve a reconsideration of objectives and policies. Development forecasts will be updated, issues will be reviewed, and the Plan will be examined in light of new regional growth demands and trends.


From time to time, the Plan may also be amended to allow for a development or project of major significance, or a series of development proposals which warrant revision of the policies within the Plan. The Official Community Plan may be amended through two procedures:

• First: applications for rezoning to permit developments which do not comply with the Plan will be accompanied by applications for amendment of the Plan. The Board may reject the application or initiate Plan review and amendment procedures in accordance with the provisions of the Local Government Act and the Regional District Development Procedures Bylaw.

• Second: the Board may periodically initiate a review and amendment of the Plan where warranted by development trends or new information regarding natural hazards, or at the request of local, provincial or federal governments. Such reviews should be substantially justified by new circumstances and provide ample opportunity for public input.

It is the Regional Board’s policy that:

A. The Official Community Plan should be reviewed at intervals not exceeding five years,

and this review should be followed by appropriate amendments to guide development and land use for the following five years.

B. The Official Community Plan may be reviewed and amended where deemed necessary

by the Board and only after a public hearing and in accordance with the provisions of the Local Government Act.

C. All rezoning applications which are inconsistent with the Official Community Plan shall

be accompanied by applications for amendment to the Plan. Rezoning applications pursuant to Sections 3.1.2 and 3.4.2 shall not require Plan amendments.

D. Applications for amendments to the Plan may be made to the Regional Board, in

accordance with the provisions of the Local Government Act and the Regional District’s Development Procedures Bylaw.

E. In the event that the Ski Master Plan is approved by the Province, the Official

Community Plan may be reviewed and amended as deemed necessary by the Board, in order that the policies of the Plan reflect the policies and objectives of the Ski Master Plan.

3.3 Public Consultation Implementation of the Official Community Plan depends upon community support and co-operation. The Regional Board will endeavour to maintain and improve the opportunities for public consultation on planning and development matters. Property owners and residents are encouraged to consult with Regional District staff and Board members on issues which affect the community. The policies reinforce the commitment to open discussion and local involvement in community development.



A. Property owners and residents are invited to meet privately or in groups with Regional District staff and the Electoral Area Services Committee of the Board to discuss individual or local concerns.

B. Regional District staff will, where requested, assist in co-ordinating discussions between property owners and residents and Provincial agencies on matters of land use, roads and services.

3.4 Permitted Uses The building schemes, which are registered on a large portion of the properties in Hemlock Valley, provide for regulations pertaining to the permitted land uses. It is therefore important to note that the land use policies provided for in this Plan are intended to guide development at such time when the subject building schemes have expired. Furthermore, the Plan’s land use policies will guide the Regional Board in implementing further zoning regulations for the area. The area designations provide for a range of land uses and the conditions of use. The permitted land uses are identified within the policies for each area designation, and in greater detail in the zoning bylaw where applicable. A summary index of the permitted land uses in various land use designations is provided in Table 4 as a general reference. Specific conditions of such uses may apply, as prescribed in zoning bylaws and other regulations. In the following sections, the Plan establishes general land use policies, followed by a more detailed description of Cottage Residential Land Uses, Associated Residential Land Uses, Commercial and Campground Land Uses and finally, Industrial and Resource Extraction Land Uses.


A. New land uses shall accord with the Area Designation use policies and the permitted land uses policies, subject to policies of 3.4.2.

B. Where an existing legally established use is at variance with the use policies of the area

designation, an extension of that use into an adjacent portion of the same parcel may be permitted by rezoning up to a maximum of 50% of the area of the existing use, provided that it does not conflict with surrounding land uses, natural hazards or environmental sensitivities.

C. Single family residential uses shall be permitted in the COTTAGE RESIDENTIAL

FUTURE SETTLEMENT and OUTDOOR RESOURCE designation area. Multi-family residential use is only permitted in the COTTAGE RESIDENTIAL designation area. Also, the Plan provides for mixed commercial/multi-dwelling residential use in the VILLAGE CENTRE COMMERCIAL designation area. A second dwelling is only permitted accessory to a campground, industrial or commercial use for the accommodation of the owner, operator or manager in the VILLAGE CENTRE


COMMERCIAL, FUTURE SETTLEMENT, COMMERCIAL OUTDOOR RECREATION, COMMUNITY SERVICE and OUTDOOR RESOURCE designation area.4

The land uses outlined in this section are as follows:

• COTTAGE RESIDENTIAL LAND USE • ASSOCIATED RESIDENTIAL USES • COMMERCIAL AND CAMPGROUND LAND USES • INDUSTRIAL AND RESOURCE EXTRACTION LAND USES

3.4.1 Cottage Residential Land Use


A. Single family residential uses shall be permitted in the COTTAGE RESIDENTIAL FUTURE SETTLEMENT and OUTDOOR RESOURCE designation areas. Multi-family residential uses shall only be permitted in the COTTAGE RESIDENTIAL and VILLAGE CENTRE COMMERCIAL designation areas. The Plan also provides for accessory employee residential uses accessory to commercial, campground and industrial uses for the accommodation of the owner, operator or manager of such an operation.

B. Zoning be introduced which will distinguish areas for single family, duplex, and multiplex

residential development. The zoning regulations shall be guided by the building schemes, which have been registered on title since the initial development of the community. [Bylaw # 0994, 2010]

C. All residential structures shall be constructed in accordance with the National Research

Council and Stanley Associates Engineering’s snow load requirement of 22.0 kPa (459.4 pounds per square feet).

3.4.2 Associated Residential Use


A. In keeping with the recreational lifestyles and to promote local entrepreneurship in the community of Hemlock Valley, provisions for a range of small scale business uses are provided for in the Plan. Home Occupation and Bed and Breakfast uses are permitted in the COTTAGE RESIDENTIAL, FUTURE SETTLEMENT and OUTDOOR RESOURCE designation areas. These land uses are referred to in this Plan as ASSOCIATED RESIDENTIAL USES. In addition, the Board may be prepared to consider restricting the range of uses permitted in areas of the existing or proposed small-lot subdivision where residents indicate that certain uses may be inappropriate for their area.

4 For a precise definition of many of the terms contained in this section, see Section 10, Interpretation of the Plan.


3.4.3 Commercial and Campground Land Use


A. To provide a range of accommodation uses in Hemlock Valley for overnight visitors,

temporary tourist accommodation use is permitted in the COTTAGE RESIDENTIAL designation areas, except in areas of avalanche hazard. This land use is referred to in this Plan as AUXILIARY RESIDENTIAL ACCOMMODATION. [Bylaw # 0994, 2010]

B. Wherever possible, all new “Local Commercial” land uses within the COTTAGE RESIDENTIAL and VILLAGE CENTRE COMMERCIAL designation shall be buffered or separated from incompatible uses through the zoning and development permit process.

C. New “Local Commercial” land uses shall be accessed either from a Local or Collector

road subject to the approval of the Ministry of Transportation and Highways. D. All new “Local Commercial” land uses shall be provided with adequate off-street, on-site

parking, except that for parking during peak weekends, up to 30% of the parking required may be provided on a neighbouring site (where such arrangements are secured for the long term by appropriate legal instruments and are approved by the Ministry of Transportation and Highways).

E. For new “Local Commercial” land uses, the developer may be required to demonstrate

through an engineering study signed and sealed by an engineer licensed in the Province of British Columbia that the site drainage facilities are adequate and will not lead to environmental problems in the long term; that the site is free from geotechnical and avalanche hazards; and that the load-bearing capacity of the ground is suitable for the use intended. As outlined earlier in the Plan, this may occur at various stages in development process and will be implemented through the zoning, development permit, and subdivision processes.

F. For all new “Local Commercial” land uses, sewage disposal systems shall be approved

by the Medical Health Officer pursuant to the Health Act for uses generating up to 22,730 litres (5,000 gallons) effluent per day, and by the Ministry of Environment for uses generating more than 22,730 litres (5,000 gallons) effluent per day.

G. All commercial campgrounds parks will require:

• That the campground be served by an approved community water system, approved by the Medical Health Officer and the Fraser Valley Regional District for uses having less than five sites or units, and by the Ministry of Environment and the Medical Health Officer for five sites/units or more; that adequate land, the amount of which may vary with each development but which will never be less than 10% of the lands to be developed, is designated for buffer and landscape areas and outdoor recreation facilities.

• That the campground development be in accordance with the Regional District’s

Campground and Holiday Park Bylaw No. 1190.


H. A “Convenience Store” may be permitted, provided the land is zoned for the use intended, in the COTTAGE RESIDENTIAL and VILLAGE CENTRE COMMERCIAL designation areas. Furthermore, a “Convenience Store” may be permitted, where such uses are located within, and designed to serve, a commercial campground and is limited to small outlets not exceeding 140 m2 of commercial floor space.

I. A “Neighbourhood Pub” use will be permitted in areas designated COTTAGE

RESIDENTIAL and VILLAGE CENTRE COMMERCIAL provided that the area is zoned for the use intended and that the development proposal can demonstrate that:

• Such use will not adversely affect adjoining lands;

• Such use is in keeping with the general policies for COTTAGE RESIDENTIAL and

VILLAGE CENTRE COMMERCIAL areas in this Plan;

• Such use will be accessed via a Local or Collector road; and

• Such land use has received the necessary approval from applicable agencies.

3.4.4 Industrial and Resource Extraction Land Use


a) New “Resource Extraction” uses shall only be permitted in areas designated FUTURE SETTLEMENT and OUTDOOR RESOURCE provided that the area is zoned for the use intended and that the proposal is supported by studies which demonstrate that:

• Such land uses will not adversely affect surrounding lands and are compatible with

the predominantly residential and tourist recreational character of the area;

• Such land uses will not adversely affect the geological stability of adjoining lands;

• Such uses are provided with a level of legal access and with approved community services suitable for the use intended;

• Such uses are in keeping with the development objectives and policies of this Plan.


4 LAND AREA DESIGNATIONS The land area designations and policies contained in this part of the Plan set the framework for preparing and amending the zoning, subdivision and other regulatory bylaws which will follow the Plan. The land area designations are listed in the following order: • COTTAGE RESIDENTIAL AREAS

• VILLAGE CENTRE COMMERCIAL AREAS

• FUTURE SETTLEMENT AREAS

• COMMERCIAL OUTDOOR RECREATION

• COMMUNITY SERVICES

• OUTDOOR RESOURCE

• PARK AREAS

The land area designations and policies apply to areas shown on the Plan maps. Each designation contains the following sub-headings. DESCRIPTION: a brief outline and general summary of the purpose and rationale for the designation. The legally exact statements of Regional Board policy are contained in the four following sub-headings. On questions of interpretation these should be regarded as the statement of Regional Board policy. GENERAL POLICIES: the policies of the Regional Board regarding the amount and location of land to be designated and the local and regional development policies in a particular land area designation. DESIGNATION POLICIES: the type of land placed in a particular designation and the conditions for extending existing areas or creating new areas in the designation as provided for through Plan amendment. USE POLICIES: the uses that may be permitted on lands within a designation and, in some cases, the standards under which a given permitted land use must be developed. SUBDIVISION POLICIES: specify the minimum lot size permitted within a designation under various servicing and other conditions.


TABLE 4. Area Designation and Permitted Land Uses Permitted Land Uses* Cottage

Residential Village Centre

Commercial

Future Settlement

Commercial Outdoor

Recreation

Community Service

Outdoor Resource

Park

Residential Single Family Residential X X X Multi-Family Residential X

Accessory Employee Residential

X X X X X

Associated Residential X X X Commercial

Local Commercial X X Tourist Commercial X Mixed Commercial/Multi Dwelling Residential

X

Campground X Industrial & Resource Resource Extraction X X Light Industrial X Service and Repair X Institutional Low Density Commercial Recreation

X X X

Outdoor Recreation X Park and Park Reserve X X X X Recreation X Conservation X Public X X X X X X X Semi-Public *Applies to new land uses only subject to Area Designation Policies in Section 4.0 SOURCE: Fraser Valley Regional District Planning Department, April 2000


4.1 COTAGE RESIDENTIAL AREAS Description The purpose of the COTTAGE RESIDENTIAL AREA designation is to encourage orderly growth of residential areas in the Plan area. The primary intent in the COTTAGE RESIDENTIAL AREA is to encourage high quality residential development which is visually attractive and properly serviced. The COTTAGE RESIDENTIAL designation includes areas which are already developed at various densities. During the life of this Plan it is expected that most of the COTTAGE RESIDENTIAL AREAS will be developed to the density detailed in this Plan. Furthermore; it is expected that the existing COTTAGE RESIDENTIAL land will provide sufficient vacant land for new development during the life span of this Plan. Therefore, at this time, no new land is set aside for COTTAGE RESIDENTIAL land use. The Plan encourages development of the existing lots to its full potential in the long term. The purpose of this approach is to protect existing investment and ensure orderly residential development of the resort. There are several different sub-markets that create the demand for residential units in Hemlock Valley. The recreational market is by far the largest, followed by the local residential market. During the ski season, there is also a market for accommodation of the resort’s work force. In order to reflect the various residential user groups, a moderate range of uses are permitted in the COTTAGE RESIDENTIAL designation area. These uses include residential uses, associated residential uses, utilities and local public and semi-public uses. Furthermore, the Regional District finds it important that a comprehensive approach to providing a range of housing types and prices, including ownership of opportunities for permanent and part-time residences, shot-term rental accommodation, as well as recognizing that providing sufficient housing for the various user groups is good for both the community and the resort. Hemlock Valley is a small community that cannot afford to have an unorganized, decentralized commercial sprawl. Therefore, limited local commercial development is provided for outside the village centre. The Plan supports some limited local commercial development within the local community to serve the local residents. These commercial activities, such as convenience store and a café should be scaled to meet the need of the immediate residential area. The Plan provides for a basic minimum parcel size of 0.15 acres (0.06 hectare) with community servicing. Primarily, the purpose of establishing this minimum parcel size requirement is to protect the tax base of the area from premature or haphazard development which could result in the need for emergency public servicing schemes and other such expenditures. It is important to note that a large portion of the properties in Hemlock Valley have building schemes registered on title, which are scheduled to expire in 2003. The land development guidelines provided for in the various building schemes provide for regulations such as setback requirements, lot coverage, building heights and parking requirements. At the time that the various building schemes expire, the appropriate zoning regulations will be adopted and implemented by the Regional Board. The Plan recognizes that future residential development plans must give due consideration to parking facilities that will be required as a result of that development.

It is the Regional Board’s Policy that: General Policies


4.1.1 Sufficient accommodation is provided for within the community to meet the demand from the skil hill and local commercial development.

Implementation: OCP update, subdivision and development control process.

4.1.2 The COTTAGE RESIDENTIAL designation area should not be expanded until the Province has approved a ski area master plan for Hemlock Valley. In addition, residential designation within the Plan area should not be expanded until issues related to road access, servicing and land use and environmental constraints are addressed. At such time, the Plan may be amended, following a public hearing by introducing a development phasing plan.

Implementation: Technical liaison, OCP policies and subdivision and development

control process.

4.1.3 The different housing demand of the community for permanent, semi-permanent and seasonal residents in the community be met by a variety of housing types and innovative housing approaches.

Implementation: Zoning and subdivision and development control process.

4.1.4 Auxiliary residential accommodation as a source of residential accommodation be supported and encouraged.

Implementation: Zoning.

4.1.5 Zoning Bylaw pursuant to Section 903 of the Local Government Act be implemented to regulate the siting, size and dimensions of building at Hemlock Valley.


4.1.6 The OCP should provide flexibility for introduction of uses, such as a local commercial uses intended to serve the needs of local residents.


Designation Policies

4.1.7 The Plan designates as COTTAGE RESDIENTIAL the area shown on Schedule “HV-1” and with the following characteristics:

• existing residential lots and vacant lots with potential for future residential

development; • area generally free from geological, avalanche or topographical restraints; • area with suitable foundation and drainage characteristics;


• area easily accessible to public roads; • area with adequate room for off-street parking.

4.1.8 COTTAGE RESIDENTIAL AREAS may only be extended or created through plan amendment provided that additional lands are identified that meet the designation policies above (Section 4.1.9). Furthermore, in order for the Regional Board to consider an extension or creation of the COTTAGE RESIDENTIAL AREA, the following conditions apply;

• that the current COTTAGE RESIDENTIAL designation area has substantially

reached its development potential and that the recreational development trends warrant a COTTAGE RESIDENTIAL creation or extension;

• that the creation or extension of the COTTAGE RESIDENTIAL AREA does not

contravene the Plan’s objectives and policies nor impair the development concept of the Plan;

• that the proposed layout and design of a residential development in a proposed

COTTAGE RESIDENTIAL AREA give special consideration to the following issues:

o the character, scale and layout of existing adjacent residential areas; o the need to update and improve the servicing facilities to accommodate

further development; o the traffic flow on existing residential streets; o conservation of areas of environmental and archaeological significance; o protection of development from geotechnical hazards; o orderly growth of residential communities.

Use Policies

4.1.9 Land in COTTAGE RESIDENTIAL AREAS may only be used for Single Family Residential, Multi-Family Residential, Associated Residential Use, Auxiliary Residential Accommodation, Local Commercial Use, Public and Semi-Public Uses.

4.1.10 Local Commercial uses are limited to a small amount of retail space in the COTTAGE RESIDENTIAL AREA and that the uses comply with the following conditions:

• that the use is located on land preferably near or adjacent to a collector designated

road and a highway intersection;

• that the land use has adequate space for off-street parking as provided in the applicable bylaws;

• that the land have a minimum parcel size of 0.25 acres; • that the land receive the appropriate zoning;

• that the land use has received the necessary approval from applicable agencies;


• that the use will not adversely affect adjoining lands;

Implementation: Zoning introduction/amendment and subdivision and development control process.

Subdivision Policies

4.1.11 Land within the COTTAGE RESIDENTIAL AREAS shall only be subdivided in accordance with the standards of the Responsible Authorities except that the minimum parcel size shall not be less than 0.15 acres (0.06 hectare) where served by an approved community water system and a sewage system.

4.1.12 Consolidation of small lots, which individually are unsuitable for development, will be encouraged and supported by the Regional Board where it reduces the overall density of land use development.

4.1.13 Consolidation of small lots in order to accommodate local commercial uses will be encouraged and supported by the Regional Board in the COTTAGE RESIDENTIAL designation areas.

Implementation: Subdivision and development control process.


4.2 VILLAGE CENTRE COMMERCIAL AREA Description The economic base for Hemlock Valley is dominated by tourism and the provision of goods and services to local residents. The activities that may be provided for in the VILLAGE CENTRE COMMERCIAL AREA can greatly enhance the atmosphere, activities and revenue for a resort. Furthermore, dining opportunities in the Plan area brings the community to “life” in the evening hours. The VILLAGE CENTRE COMMERCIAL AREA is meant to provide commercial space for retail, restaurant/bar facilities, office and conference space. The commercial activities provide goods and services for the ski visitors as well as for the local residents. The VILLAGE CENTRE COMMERCIAL AREA should provide for commercial retail space such as a retail ski shop, ski rental/repair, gas station and grocery store. Food and beverage facilities should also eventually be provided when the community base can support the facilities. A need for services such as ski school, nursery/daycare centre and public lockers may also be provided for in the future. It is also important that the VILLAGE CENTRE COMMERCIAL AREA also caters to resort users who do not ski and who visit the resort during the summer. Therefore, it is important that the commercial services in the VILLAGE CENTRE COMMERCIAL AREA also reflect this market. The VILLAGE CENTRE COMMERCIAL AREA should also provide adequate parking for skiers as well as for non-skier visitors, all within comfortable walking distance to the commercial areas. Overflow parking facilities accompanied with a shuttle bus service for the peak season, including a drop-off zone, should be provided for in the future. As the resort grows, development plans should ensure that future parking needs do not interfere with access on and to public roads, access to residential subdivisions, as well as access to emergency facilities. It is the Regional Board’s policy that: General Policies

4.2.1 The VILLAGE CENTRE COMMERCIAL AREAS should accommodate commercial uses principally serving the local residents and ski visitors.


4.2.2 The development of the VILLAGE CENTRE COMMERCIAL AREA should be self-sustaining and not create an adverse impact on the residential area, not increase the tax burden for the general resident population.


4.2.3 When commercial zoning is introduced to the VILLAGE CENTRE COMMERCIAL AREA and the Regional Board receives a commercial development proposal, the Board may require that the applicant submit a comprehensive development plan in support of the development proposal. The applicant may also be required to demonstrate that the proposal is mutually compatible with other adjacent uses.



4.2.4 Proposed commercial development in the VILLAGE CENTRE COMMERCIAL designated area must comply with the guidelines set out in Development Permit Area 4-HV.

Implementation: Development permit process.

4.2.5 The Regional District will periodically review the amount and pattern of commercial development to determine whether these commercial policies should be revised.

Implementation: OCP review process.


4.2.6 The Plan designates as VILLAGE CENTRE COMMERCIAL the areas shown on Schedule “HV-1” and with the following characteristics:

• area with existing and potential commercial development; • area generally free from geotechnical and physical restraints; • area easily accessible to public road; • area with adequate room for parking.

4.2.7 New VILLAGE CENTRE COMMERCIAL AREAS may only be designated only where they are contiguous with an existing VILLAGE CENTRE COMMERCIAL AREA and where the development proposal’s layout and design is in keeping with the image of a mountain resort and that it complies with the guidelines of Development Permit Area 4-HV.

Use Policies

4.2.8 VILLAGE CENTRE COMMERCIAL AREAS may be used only for Local Commercial use, Mixed Commercial/Multi-Dwelling Residential use, Commercial Accommodation, Public and Semi-Public use.

4.2.9 Mixed commercial/multi-dwelling residential uses shall be permitted on the upper floor of the commercial uses in the VILLAGE CENTRE COMMERCIAL AREAS. These types of residential uses shall generally be prohibited from having entrances fronting on a side walk, street or road or commercial parking area so as not to detract from the commercial nature of the primary use.



4.2.10 Land in the VILLAGE CENTRE COMMERCIAL AREA shall only be subdivided under circumstances where subdivision is required in order to enhance the economic environment in the commercial area of the community. Furthermore, land serviced by an approved community water and sewer system, shall only be subdivided in accordance with the standards of the Responsible Authorities, except that the minimum parcel size and density will be determined based on the subdivision proposal, the subject property’s geotechnical and topographical limitations and the amount of land available for parking.


4.3 FUTURE SETTLEMENT AREA Description The FUTURE SETTLEMENT designation identifies land with residential development potential in the medium to long term future. The major purpose of the FUTURE SETTLEMENT AREAS designation is to provide for additional land for residential development when the existing development potential has been reached. The FUTURE SETTLEMENT AREA primarily includes areas which have reasonable access with few developable land constraints, natural hazard concerns and environmental sensitivities. The FUTURE SETTLEMENT AREA also includes some lands which could be subject to natural hazards. A geotechnical hazard assessment report will need to be completed in order to determine the scale and nature of development that can occur here. The FUTURE SETTLEMENT AREA is currently owned by Crown lands and is located adjacent to Hemlock Valley Road. To a large extent, this is a transitional area which, over the long term, could evolve into residential use as the demand increases and services are extended. These lands will be re-designated for development, by plan amendment, following the completion of a ski area master plan and the introduction of a development phasing plan. The Plan policies for the FUTURE SETTLEMENT AREA serves as a planning tool to ensure that when additional Crown land is released for development, the development occurs in an orderly manner, and in accordance with the Plan’s objectives. It is the Regional Board’s policy that: General Policies

4.3.1 Land for additional future residential development be established in the FUTURE SETTLEMENT designation area:

Implementation: OCP Policy.

4.3.2 When all or a portion of the FUTURE SETTLEMENT designated area is released from the Province for development, a Plan amendment to accommodate the development proposal is required. The Plan amendment will require that the applicant address issues such as road access, geotechnical and environmental constraints, as well as the availability of the community services.

Implementation: Plan amendment process and technical liaison with the Province.

4.3.3 The FUTURE SETTLEMENT designation area should not be redesignated to accommodate residential development until the Province has approved a ski area master plan for Hemlock Valley. At such time, the Plan may be amended, following a public hearing, by introducing a development phasing plan.



4.3.4 The Plan designates as FUTURE SETTLEMENT the area shown on Scheduled “HV-1” and with the following characteristics:

• area generally free from geotechnical and physical restraints; • area easily accessible to public road; • area outside environmentally sensitive areas; • area which may, in the future, be served by approved community water and sewer

system. Use Policies

4.3.5 Land in FUTURE SETTLEMENT AREA may be used only for Resource Extraction, Resource Industrial Use, Low Density Commercial Recreation, Park and Park Reserve, Public and Semi-Public Uses.


4.3.6 Land in the FUTURE SETTLEMENT AREA shall only be subdivided in accordance with the standards of the Responsible Authorities except that the minimum parcel size may be 20 acres (8 hectares).


4.4 COMMUNITY SERVICE AREAS Description Approximately 3 acres (1.2 hectares) constituting 4 lots are located in the Laurel Road area. The lots are currently owned by HVRI, Telus and the Regional District, and are being used as the maintenance and storage yard for the ski resort, as well as providing temporary accommodation for seasonal resort staff. The Regional District’s transfer station and Telus’ channel switching station are also located in this area. The lots are sheltered from the potential of COTTAGE RESIDENTIAL and VILLAGE CENTRE COMMERCIAL AREA’s. In the future, there may be a need to provide land for light industrial land uses which would serve the local community. The size and location of the COMMUNITY SERVICES designation area would provide for such land uses. It is the Regional Board’s policy that: General Policies

4.4.1 The COMMUNITY SERVICES designation area provide land for the development of compatible light industrial and community services land uses which would serve the local residents and the visiting public.

4.4.2 In order to reduce visual and noise pollution in the community, the community services and related uses be located so that the activities are sheltered from the residential and village centre areas.

4.4.3 Zoning to regulate the siting, size and screening of land uses in the COMMUNITY SERVICES area be implemented in co-operation with the resort owner and the local residents.


4.4.4 The plan designates as COMMUNITY SERVICES the areas shown on Schedule “HV-1” and with the following characteristics:

• land located away from and visually sheltered from residential and village

commercial designated areas. • area generally free from geological, avalanche or topographical restraints. • land easily accessible to public roads.

Use Policies

4.4.5 Land in the COMMUNITY SERVICES AREA may be used only for Accessory Employee Residential use, Light Industrial use, Public and Semi-public uses.



4.4.6 Land in the COMMUNITY SERVICES AREA shall only be subdivided in accordance with the standards of the Responsible Authorities except that the minimum parcel size is 2.48 acres (1 hectare).


4.5 COMMERCIAL OUTDOOR RECREATION AREAS Description The Regional Board regards it as desirable that the community of Hemlock Valley provide ski visitors with alternative choices for overnight accommodation. A substantial area of land located in the southern part of the valley has been designated COMMERCIAL OUTDOOR RECREATION. The COMMERCIAL OUTDOOR RECREATION AREA permits private campgrounds, which would provide for the temporary accommodation for holiday makers in recreational vehicles, travel trailers or tents. The purpose of the COMMERCIAL OUTDOOR RECREATION AREA is to encourage the development of well-planned, integrated campground facilities in the Plan area. The policies require that any development proposal for the COMMERCIAL OUTDOOR RECREATION AREA address issues like road access, geotechnical and environmental constraints as well as the availability of community services. Furthermore, the Plan encourages any development proposal to make use of the natural environment. The standards for the construction and design of any development proposal in the COMMERCIAL OUTDOOR RECREATION AREA are established in the Regional District’s regulatory and building bylaws.

It is the Regional Board’s policy that: General Policies

4.5.1 New development in the COMMERCIAL OUTDOOR RECREATION AREA should be adequately serviced with community water and sewer systems. Implementation: Zoning and subdivision and development control process.

4.5.2 Public access to waterfront, park land or natural assets should not be decreased as a result of new development in the COMMERCIAL OUTDOOR RECREATION AREA.


4.5.3 Use and development in the COMMERCIAL OUTDOOR RECREATION AREA shall not impede the existing economic, environmental and social well being of the surrounding area.

Implementation: Zoning, subdivision process, development permit process where

applicable.

4.5.4 Levels of development in the COMMERCIAL OUTDOOR RECREATION AREA should be compatible with the natural environment, adjacent land and water uses, and should not impact negatively on any natural resource.


Implementation: Zoning, subdivision process, development permit process where applicable.

4.5.5 COMMERCIAL OUTDOOR RECREATION development should be developed in the context of region-wide recreational development trends.

Implementation: Zoning, subdivision process, technical liaison with the Province.

4.5.6 The density and layout of campsites within an approved campground is regulated pursuant to the Fraser Valley Regional District’s Campground and Holiday Park Bylaw No. 1190.

Implementation: Zoning and other regulatory bylaws.


4.5.7 The Plan designates as COMMERCIAL OUTDOOR RECREATION the areas shown on the Schedule “HV-1” and with the following characteristics:

• land with potential for future commercial campground development; • areas generally free from geological, avalanche or topographical restraints; • land easily accessible to public roads.

4.5.8 New COMMERCIAL OUTDOOR RECREATION AREAS may be extended or created only where the land meets the designation policy criteria above, and where recreational development trends warrant such creation or extension; and, that studies respecting the feasibility for approved community water and sewage services have been completed and potential geotechnical issues have been addressed.

Use Policies

4.5.9 Land in COMMERCIAL OUTDOOR RECREATION AREA may be used only for Campground, Low Density Commercial Recreation, Park and Park Reserve, Accessory Employee Residence, Public and Semi-public uses.


4.5.10 Land in the COMMERCIAL OUTDOOR RECREATION AREA shall only be subdivided in accordance with the standards of the Responsible Authorities except that the minimum parcel size is 2.48 acres (1 hectare).


4.6 OUTDOOR RESOURCE AREA Description OUTDOOR RESOURCE policies are intended to restrict intensive development in areas with limited access, no community services and environmentally sensitive or geological hazards areas. However, it should also be noted that the success of Hemlock Valley as a resort is dependent upon the success of visitor experience. Therefore, winter and summer usage of the resort should be encouraged in areas where appropriate. The land use and subdivision policies are intended to minimize detrimental impacts on land and water in the OUTDOOR RESOURCE AREAS. If future studies show that an area can accommodate a broader range of uses without environmental damage or geotechnical hazards, it may be re-designated through Plan amendment. The Regional Board may also, however, impose further restrictions on OUTDOOR RESOURCE AREAS which are located in environmentally sensitive or geological hazard areas. For example, watersheds servicing community water supplies, and reservoir areas should be protected from incompatible land uses and development in the interests of public health and safety. Where such areas are located on Crown land, the Regional Board supports, in principle, the completion of integrated resource management plans undertaken by Provincial Agencies. On adjacent private land, the Board will endeavour to maintain appropriate land use controls to protect the watershed or other resources through the zoning, subdivision, and development permit process. Furthermore, Regional Board policies respecting these areas are contained in Part II, Section 6.0 of the Plan, in policies for environmentally sensitive and geological hazards areas, and in as shown on Schedule “HV-4”. Development in OUTDOOR RESOURCE AREAS requires careful evaluation in order to minimize the environmental impact, preserve the natural environment and ensure adequate protection from geotechnical hazards. Therefore, OUTDOOR RESOURCE AREAS are inappropriate for concentrated developments. However, these areas may be suitable for many outdoor recreational uses including church camps and some kinds of campground development. As well, low impact, non-motorized, outdoor recreational uses will also be encouraged. It should be noted that low impact uses should be distinguished by encouraging the designation of separate areas for snow-mobiling and cross-country ski trails. All these uses will be controlled and regulated in the zoning bylaw. Nonetheless, the general policy of this plan respecting OUTDOOR RESOURCE AREAS is to prevent isolated development, to protect the environment, and to preserve and buffer environmentally sensitive areas. In order to permit any other forms of development within this area, further studies will need to be carried out in order to determine the scale and nature of development. Any major changes to the uses under this designation shall go through a public review process. It is the Regional Board’s policy that: General Policies

4.6.1 OUTDOOR RESOURCE AREAS shall remain in a low density rural character.

Implementation: Zoning, subdivision and development control process

4.6.2 Except where specifically prohibited, forestry, mining and recreation will be permitted in OUTDOOR RESOURCE AREAS.


Implementation: Policy and zoning.

4.6.3 Special consideration may be given to the design and siting of new development in OUTDOOR RESOURCE AREAS in environmentally-sensitive and watershed areas.

Implementation: Policy and development permits.


4.6.4 The Plan designates as OUTDOOR RESOURCE the area shown on Schedule “HV-1” and with the following characteristics:

• areas with difficult site features; • areas isolated from community services and development; • areas having limited access; • areas suited, because of their location and site characteristics, for multiple uses at

low densities, including limited outdoor recreational developments; • areas are generally free of geotechnical and physical constraints.

4.6.5 OUTDOOR RESOURCE AREAS may only be extended or created through plan amendment when new areas with any of the above characteristics are identified.

Use Policies

4.6.6 OUTDOOR RESOURCE AREAS may be used only for Single Family Residential, Resource Extraction, Resource Industrial use, Low Density Commercial Recreation, Park and Park Reserve, Public and Semi-Public uses. During the winter months, low impact non-motorized uses such as snow-mobiling and cross-country skiing will be encouraged within separately designated areas; and in the summer months, low impact uses such as mountain biking, and motorized recreation usage such as All-Terrain Vehicle (ATV) manoeuvring, will also be encouraged in specifically designated areas.


4.6.7 Land in OUTDOOR RESOURCE AREAS shall only be subdivided in accordance with the standards of the Responsible Authority, except that the parcel size shall not be less than 80 acres (32.4 hectares).


4.7 PARK AREAS Description The PARK AREA designation identifies land that may in the future become publicly-owned parkland of provincial, regional or local significance. The designation includes provincial and regional parks, wildlife conservation reserves and areas identified for expansion of existing parks. Development within these parks will be limited to that related to recreation uses. It is the Regional Board’s policy that: General Policies

4.7.1 Areas of significant recreation or conservation potential should be reserved for future park development.

Implementation: Technical liaison, zoning, subdivision and development control

process.

4.7.2 The acquisition, maintenance and access of parkland will be encouraged and supported by the Regional Board.

Implementation: Technical liaison, subdivision and development control process,

zoning and development permits.

4.7.3 An active land acquisition policy shall be established in order to provide secure land for wildlife habitat and recreational land where such lands become available for purchase or dedication.

Implementation: Land acquisition policy, subdivision and development control

process.

4.7.4 Parkland designated by the Regional Board provides all-year-round recreational facility for the general public.

Implementation: Zoning Bylaw.


4.7.5 The Plan map designates as PARK those areas with significant public recreational potential which is suitable to reserve for future park use including land of local, regional and provincial significance.

4.7.6 PARK AREAS may be extended or created through plan amendment provided that additional lands that meet designation policy above are identified.


Use Policies

4.7.7 PARK AREAS may be used only for recreation, conservation and ancillary uses, park and park reserve, public and semi use, except as otherwise provided by the Responsible Authority.

4.7.8 Land uses which could have an adverse effect on conservation or development in PARK AREAS will not be permitted, although temporary uses may be permitted where impacts are minimal.


4.7.9 Land in PARK AREAS shall only be subdivided under circumstances where subdivision is required in the interests of responsible park management.


5 DEVELOPMENT PERMIT AREAS 5.1 Development Permit Area No. 1-HV Development Permit Area No. 1-HV, which shall be known as “Geotechnical Hazard Development Permit Area 1 is designated pursuant to Section 879(1) of the Local Government Act. Category of Designation b) protection of development from hazardous conditions. Area of Application: Development Permit Area No. 1-HV, as shown on Schedules “HV-2 (a)”: Geotechnical Hazard Assessment Area (Residential Areas); and, “HV (b)”:Safelines and Landslide Hazard Limits Area. Justification: Development Permit Area 1-HV has been established to provide guidelines for development in residential areas with potential and significant geotechnical hazards. In February 1999, Thurber Engineering Ltd. (TEL) completed an overview geological study for Hemlock Valley. The study results are summarized in the report: “Hemlock Valley Official Community Plan, Stage 1 Study, Overview of Geotechnical Hazards”, Thurber Engineering Ltd., February, 1999, and an addendum “Addendum to Hemlock Valley Official Community Plan Stage 1 Study: Overview of Geotechnical Hazards. Recommended Prohibition of Logging and Forest Road Permits on the South, East and North Slopes of Mount Keenan”, Thurber Engineering Ltd., January, 2000. The study has been accepted and the recommendations endorsed by the Regional Board. The report was prepared in two parts. The first, prepared by TEL, identified hazards associated with geomorphic processes including creek floods, creek erosion and deposition, gullying, rock fall and landslides such as debris slides and debris flows. The second, prepared by Dr. David McClung, Ph. D., P. Geo, of D&E McClung Enterprises Limited, identified areas susceptible to snow avalanche hazards as well as human activity that could trigger and promote erosion and landslide hazards. The delineation of the areas potentially affected by geological hazards, including the probability of such events, enhances and clarifies the understanding of these hazards. Moreover, this provided a basis for locating the boundaries of Development Permit Area 1-HV. Resultantly, new developments will be required to meet specific requirements that are essential to ensure the safety of present and future inhabitants of Hemlock Valley. Site specific geotechnical studies may identify safe building sites within the Development Permit Area. The overview study does not represent a substitute for site specific studies which analyse the nature, magnitude and frequency of and area affected by a hazard. The study provides a guide which will direct development away from areas of potential mass movement, surface


erosion, flooding and snow avalanche, and identify where detailed geotechnical evaluation is required before development should occur. The overview geotechnical and long term snow avalanche hazard assessment study for Hemlock Valley found that the lands within the Plan area may potentially be susceptible to geomorphic processes and associated hazards. The following areas were identified in the overview geotechnical and snow avalanche hazard assessment studies as areas where there is the potential for various hazards to occur, and where site specific considerations must be addressed during the development process: the residential area of Edelweiss Drive; the area to the west of Sakwi Creek Road, the creek eroded slopes within the residential development areas; the quarry area at the north end of Enzian Drive; bedrock canyon walls on upper Sakwi Creek and a flood hazard area within the vicinity of the Laurel Road/Laurel Place area. Geomorphic Processes and Associated Hazards Horizontal setbacks (safelines) from the tops of slopes have been delineated and are shown in the residential areas. The established setbacks are shown and are demarcated on Schedule HV-2, as part of Development Permit Area 1-HV. All new development within the delineated area will be subject to the setback conditions established within the TEL Overview Study. It should be noted, however, that if proposed development meets setback conditions established by the TEL Overview Study, a site specific geotechnical study may be required of an owner pursuant to Section 699 of the Local Government Act prior to the issuance of a building permit. In addition, this part of the study emphasizes that any further alternation of forest cover by human or natural effects within the study area or the slope immediately above the Edelweiss Drive residential area, will result in redefinition of the Risk Zones. It should be noted that and addendum to the geotechnical overview study recommended the prohibition of logging and forest road permits on the south, east and north slopes of Mount Keenan. Development Permit 1-HV affects the following areas as indicated on Schedule 2-HV:

Area 1: Edelweiss Drive Residential Area Area 2: NE Residential Area (Sakwi Creek Road & Snowflake Crescent) Area 3: Sakwi Creek Road and Snowflake Place Residential Area Area 4: NE Residential Area (Sakwi Creek Road & Mt. Klaudt Road) Area 5: Laurel Road (Maintenance Area) Area 6: Snowmist Place & Sewage Lagoon Area Area 7: Hemlock Valley Road District Lot 4059 Area 8: Mt Downing Road Area 9: Enzian Way (Tennis Courts area)

Conditions:

a) potential for landslip and erosion; and b) potential for rockslide and rockfall; and c) potential for debris flows and slides; and d) potential for creek floods; creek erosion and deposition.

Objectives:

a) to direct development away from geological hazards; and


b) to protect roads and other infrastructure from flooding, debris flow, creek floods; creek erosion and deposition and other geological hazards; and

c) to ensure adequate professional assessment and mitigation of geological hazards; and d) to allow for land use suitable under hazardous conditions, in accordance with

geotechnical studies. Guidelines: In issuing development permits in Development Permit Area 1-HV, the following guidelines will apply:

5.1.1 All new development on land subject to landslide hazards located behind the safeline zones must meet the following setback requirements, where identified, pursuant to Section 920(7)(1)(a) of the Local Government Act. It should be noted that field measurements will be required to locate a safeline on a site specific basis. Distances are to be field measured from the top of the nearest steep slope. The guidelines for Areas 1-8, as indicated on Schedule HV-2 (a) and Schedule HV-2 (b), are as follows:

Area 1: Edelweiss Drive Residential Area subject to review for: debris flow, rockfall, landslides, creek floods, creek erosion and deposition, and gullying. Safeline details are as follows: [F; H; I; J; M; N – See Schedule HV-2 (b)] F 10m top of steep slope above possible slide bowl. H The ground below is locally wet and there are debris slide hazards. I 6 metre setback from the top of slope each side of creek. J Safeline for upslope hazards extend 6 metres towards the creek from foot of

slope. M 8 metre setback from top of lower erosional or road cut slope. N 8 metre setback from top of slope, below, which is in part, a road cut.

Area above and below is wet and there are debris slide hazards. Area 2: NE Residential Area (Sakwi Creek Road & Snowflake Crescent) subject to review for: debris flow, rockfall, landslides, creek floods, creek erosion and deposition, and gullying. Safeline details are as follows: [A; B; C; - See Schedule HV-2 (b)] A 8 metre setback from steep slope. B 6 metre setback from top of cut slope. C 8 metre setback from top of creek eroded slope. Area 3: Sakwi Creek Road and Snowflake Place Residential Area subject to review for: debris flow, rockfall, landslides, creek floods, creek erosion and deposition, and gullying. Safeline details are as follows: [D; E; G – See Schedule HV-2 (b)]


D 10 metre setback from tops of steep slopes. E 8 metre setback from top of steep slope. G 8 metre setback from top of steep slope on Lot 13, southwest to 18/19 boundary.

6 metre setback from safeline for Lots 19 to 23. Area 4: NE Residential Area (Sakwi Creek Road & Mt. Klaudt Road) subject to review for: debris flow, rockfall, landslides, creek floods, creek erosion and deposition, and gullying. Safeline details are as follows: [K; L – See Schedule HV-2 (b)]

K 6 metre setback from the top of low, steep slope to east. Consider adverse erosion potential if creek to west changes course to erode toe.

L All if Lot 10 is covered with non-engineered fill 8 metre setback from top of slope on Lots 11 and 12 6 metre setback from top of steep slope on Lots 13, 13A – 16 Area 5: Laurel Road (Maintenance Area) subject to review for: creek floods, creek erosion and deposition. Proposed development in this area may be impacted by the aforementioned hazards and therefore hazard assessment by a professional engineer: geotechnical engineer for slope related hazards and hydraulic engineer for creek related hazards; may be required pursuant to Section 699 of the Local Government Act. Area 6: Snowmist Place & Sewage Lagoon Area subject to review for: debris flow, rockfall, landslides, creek floods, creek erosion and deposition, and gullying. Safeline details are as follows: [I – See Schedule HV-2 (b)] I 6 metre setback from top of steep slope each side of the creek. Area 7: Hemlock Valley Road District Lot 4059 Debris flow, creek floods, creek erosion and deposition, and gullying. Proposed development in this area may be impacted by the aforementioned hazards and therefore hazard assessment by a professional engineer: geotechnical engineer for slope related hazards and hydraulic engineer for creek related hazards; may be required pursuant to Section 699 of the Local Government Act. Area 8: Mt Downing Road Creek floods, creek erosion and deposition. Proposed development in this area may be impacted by the aforementioned hazards and therefore hazard assessment by a professional engineer: geotechnical engineer for slope related hazards and hydraulic engineer for creek related hazards; may be required pursuant to Section 699 of the Local Government Act. Area 9: Enzian Way (Tennis Courts area) Creek floods, creek erosion and deposition, and debris slides, soil creep and snow creep. Proposed development in this area may be impacted by the aforementioned hazards and therefore hazard assessment by a professional engineer: geotechnical engineer for slope related hazards and hydraulic engineer for creek related hazards; may be required pursuant to Section 699 of the Local Government Act.


5.1.2 Land within 30.0 meters of the natural boundary of Sakwi Creek and its tributaries should remain free of development except as otherwise recommended in a Section 920(11) site specific geotechnical report, approved by Development Variance Permit, and recommended by the Ministry of Environment, Lands and Parks. The proposal shall also include appropriate vegetation to maintain water quality and streambank integrity.

5.1.3 Development permits for specific land uses and densities should accord with the recommendations of site specific geotechnical studies.

5.1.4 A development permit may not be required for construction of, addition to, or alteration of a single family residential building, accessory residential building or structure where:

a) the potential risk of any geotechnical hazard which may affect the site is within the levels

deemed acceptable in the “Hazard Acceptability Thresholds for Development Approvals by Local Governments”5 and

b) where mitigative measures, including but not limited to siting requirements, are not

required either by the Hazard Acceptability Thresholds for Development Approvals by Local Governments or by a geotechnical engineer in a certified site specific geotechnical report; and

c) the type of construction, addition, or alteration does not affect or relate to matters of

health, safety, or the protection of property from damage; and, the development proposal complies in all respects with the policies of the Plan, the zoning regulations, and all other bylaws of the Regional District; and

d) the proposed development complies with all the requirements of the policies laid out in

5.1.1 to 5.1.3.

5.1.5 Notwithstanding policies 5.1.1 to 5.1.4, the building inspector may require that the owner of the land provide a site specific report, certified by a professional engineer with experience in geotechnical engineering or hydrological engineering which states “that the land may be used safely for the use intended”, pursuant to Section 699 of the Local Government Act, prior to the issuance of a building permit.

5 “Hazard Acceptability Thresholds for Development Approvals by Local Government.”, Paper submitted to the British Columbia Geologic Hazard Workshop, February 20 & 21, 1991 by Dr. Peter Cave, Fraser Valley Regional District.


5.2 Development Permit Area No. 2-HV [Byl # 0994, 2010] Development Permit Area No. 2 which shall be known as ‘Long Term Snow Avalanche Hazard Development Permit Area 2-HV” is designated pursuant to Section 919.1(1)(b) of the Local Government Act for the protection of development from hazardous conditions. Area of Application: Development Permit Area No. 2 as shown on Schedule “HV-3” Justification: Development Permit Area 2-HV has been established to provide guidelines for development in residential areas with potential and significant long term snow avalanche hazards. In February 1999, Thurber Engineering Ltd (TEL) completed an overview geotechnical study for Hemlock Valley. The study results are summarized in the report “Hemlock Valley Official Community Plan, Stage 1 Study, Overview Geotechnical Hazards”, Thurber Engineering Ltd., February, 1999, and an addendum, “Addendum to Hemlock Valley Official Community Plan Stage 1 Study: Overview of Geotechnical Hazards. Recommended Prohibition of Logging and Forest Road Permits on the South, East and North Slopes of Mount Keenan”, Thurber Engineering Ltd., January 2000”. The study has been accepted and the recommendations endorsed by the Regional Board. The report was prepared in two parts. The first, prepared by TEL, identified hazards associated with geomorphic processes including creek floods, creek erosion and deposition, gullying, rock fall and landslides such as debris slides and debris flows. The second, prepared by Dr. David McClung, Ph. D, P. Geo, of D&E McClung Enterprises Limited, identified areas susceptible to snow avalanche hazards as well as human activity that could trigger and promote erosion and landslide hazards. As well, this part of the study identified where a site specific snow avalanche study, prepared by a professional geoscientist or engineer proficient in snow avalanche assessment will be required as part of the overall engineering required for the approval of a development site, safe for the use intended. The delineation of the areas potentially affected by geological hazards, including the probability of such events, enhances and clarifies the understanding of these hazards. Moreover, this provided the basis for locating the boundaries of Development Permit Area 2-HV. Resultantly, new developments will be required to meet specific requirements that are essential to ensure the safety of present and future inhabitants of Hemlock Valley. Site specific geotechnical studies may identify safe building sites within the Development Permit Area. The overview study does not represent a substitute for site specific studies which analyze the nature, magnitude and frequency of, and area affected by a hazard. The study provides a guide which will direct development away from areas of potential mass movement, surface erosion, flooding and snow avalanche, and identify where detailed geotechnical evaluation is required before development should occur. The following areas were identified in the long term snow avalanche hazard assessment study as areas where there is potential for snow avalanche hazards to occur, and where site specific consideration should be addressed during the development process: the residential area of Edelweiss Drive; the residential development areas of Snowmist Place and Snowmist Drive; and the sewage lagoon area.


The Thurber Engineering Limited overview geotechnical study for Hemlock Valley found that the lands within the subject areas may potentially be susceptible to snow avalanche potential and associated hazards. In the spring of 2010, the Regional District commissioned Dr. David McClung of D&E McClung Enterprises Ltd. to undertake an update report to revisit snow avalanche hazards affecting residential areas in Hemlock Valley. The original report in 2000 advised that snow avalanche hazards would diminish as forest cover returns. Ten years later, the returning forest cover in conjunction with new understanding about snow avalanches (i.e. forest cover penetration modeling) warranted a re-evaluation of the hazard. The report, completed in September 2010, concluded that residential areas of Hemlock Valley are no longer located in a ‘red’ zone as defined by the Canadian Avalanche Association (CAA) and Regional Board policies. However, properties located in the ‘blue’ zone face development constraints; and will require site specific evaluations to determine if either geographic terrain features protect the property or on-site mitigation reduces the hazard to a level equivalent to the ‘white’ zone. According to CAA standards, the white zone is safe for residential construction or occupied structures. Risk Areas Assessment: A snow avalanche risk zone assessment was then done for residential sub-areas and these were then included in the establishment of Development Permit Area 2-HV; “Long Term Snow Avalanche Hazard Development Permit Area 2-HV” (shown on schedule HV-3) as follows: Red Areas: Terrain in the potential runout zone of an established avalanche path or runout below steep terrain with a potential start zone unaffected by forest cover. The return period may be 30 years or less and have a destructive potential resulting in significant damage to buildings or structures and poses a risk to public safety. Blue Areas: An area between the red and white snow avalanche areas with terrain subject to small avalanches either running through the forest cover to reach the unforested slopes above Edelweiss Drive or the area with the potential for small avalanches initiating above Edelweiss Drive. The avalanche return periods range from 30 years to 500 years and have a destructive potential that could result in damage to buildings and structures. White Areas: Terrain which is shielded from avalanches either by terrain features or protective forest cover. The avalanche return periods are greater than 1:500 years. Alteration of forest cover by human or avalanche effects could result in alterations of these areas. Avalanche effects unlikely but possible. Conditions:

a) Potential for snow avalanches

Objectives:

a) to direct development away from geological hazards; and b) to protect roads and other infrastructure from snow avalanche and other related

geological hazards; and c) to ensure adequate professional assessment and mitigation of geological hazards; and


d) to allow for land uses suitable under hazardous conditions, in accordance with geotechnical studies.

Guidelines:

5.2.1 A site specific geotechnical study will be required pursuant to Section 920(11) of the Local Government Act, in order to determine the use, the condition or requirements of use and density as they relate to health and safety of persons or the protection of property within the blue avalanche hazard area.

5.2.2 A site specific geotechnical study will be required for all new development, as shown on Schedule HV-3, pursuant to Section 920(7.1)(a) of the Local Government Act, in order to determine the use, the conditions or requirements of use and density as they relate to health and safety of persons or the protection of property. The following requirements shall apply:

a) Red: Development shall not be permitted until the completion of a comprehensive

snow avalanche report and protective community works are constructed.

b) Blue: Development shall not be permitted without a detailed site specific geotechnical study identifying snow avalanche protective measures mitigating the site to a threshold equivalent to the ‘white’ zone. Protective works shall not deflect the hazard to adjacent lands. The report shall be prepared by a professional engineer or geoscientist, licensed in British Columbia and proficient in snow avalanche hazard assessment.

c) White: Development is permitted in this area provided the protective forest cover is

not altered.

5.2.3 Development permits for specific land uses and densities should accord with the recommendations of site specific geotechnical studies.

5.2.4 A development permit may not be required for construction of, addition to, or alteration of a single family residential building, accessory residential building or structure where:

a) The potential risk of any geotechnical hazard which may affect the site is within the

levels deemed acceptable in the “Hazard Acceptability Thresholds for Development Approvals by Local Governments” and

b) Residential development is in the ‘white’ zone, provided the forest cover has not

been altered so as to potentially increase snow avalanche hazards to the development.

c) Where mitigative measures, including but not limited to siting requirements, are not

required either by the “Hazard Acceptability Thresholds for Development Approvals by Local Governments” or by a geotechnical engineer in a certified site specific geotechnical report; and


d) The type of construction, addition, or alteration does not affect or relate to matters of health, safety, or the protection of property from damage; and the development proposals complies in all respects with the polices of the Plan, the zoning regulations, and all other bylaws of the Regional District; and

e) The proposed development complies with all the requirements of the policies laid out

in 5.2.1 to 5.2.3.

5.2.5 Notwithstanding, policies 5.2.1 to 5.2.4, the building inspector may require that the owner of land provide a site specific report, certified by a professional engineer or professional geoscientist with experience in geotechnical and/or snow avalanche hazards, which states “that the land may be used safely for the use intended”, pursuant to section 56 of the Community Charter, prior to the issuance of a building permit.


5.3 Development Permit Area No. 3-HV Development Permit Area No. 3-HV which shall be known as “Community Watershed Protection Development Permit Area 3-HV” is designated pursuant to Section 919.1(1)(a) of the Local Government Act. [Byl # 1261, 2014] Category of Designation: a) protection of the natural environment, its ecosystems and biological diversity. Area of Application: Development Permit Area No. 3-HV, as shown on Schedule “HV-4”. Justification: The Cohen Creek Community Watershed is classified as a community watershed under the Forest Practices Code British Columbia Act (FPC), exists over Crown land in the south-west portion of the Hemlock Valley and covers approximately 60 hectares. The Cohen Creek Community Watershed is located outside the Provincial Forest Reserve where no land tenures currently apply. The Ministry of Environment, Lands and Parks has issued a water license to Hemlock Valley Water Ltd. for Cohen Lake as the water source for the water utility. [Byl # 1261, 2014] Therefore, the resort and the residents of the Hemlock Valley are concerned about the lack of control over and protection of the watershed area. In the absence of a Provincial designation, policy or program to protect the community watershed, Development Permit 3-HV provides guidelines for development within the watershed. Wildlife habitat areas are also included within Development Permit Area 3-HV. The main objective for the development permit is to prevent degradation of existing and future water supply, as well as minimizing the impacts on important wildlife habitat. [Byl # 1261, 2014] Although the community watershed area is currently located on Crown land, future release of land adjacent to or within the watershed area will be subject to rigorous environmental reviews and must conform with the guidelines of Development Permit Area 3-HV. It is recognized that all watersheds have a carrying capacity and changes that occur within these watersheds beyond this capacity can have irreversible impacts on fish and wildlife populations and their habitats. To prevent development that negatively impacts the Cohen Creek Community Water Shed, as well as other important fish and wildlife habitat areas, the following conditions, objectives, and guidelines apply to DPA 3-HV: Conditions:

a) significant wildlife habitat areas; b) environmentally sensitive areas; c) surface water quality.

[Byl # 1261, 2014] Objectives:

a) to protect watersheds, surface water and ground water sources; b) to protect wildlife resource values;


c) to allow for land uses compatible with the natural environment; d) to protect salmonids, sturgeon and other fish species and their habitat.

Guidelines: In issuing development permits in this area the following guidelines will apply:

5.3.1 Subdivision or development proposals involving more than five (5) single family dwelling or accessory residential building, may require an environmental impact assessment study, the terms of reference of which are laid out in the document Terms of Reference for Bio-Inventory available from the Ministry of Environment, Ecosystems Branch. [Byl # 1261, 2014]

5.3.2 Conditions may be imposed with respect to the sequence and timing of construction so as to protect water quality, fish and wildlife resources, and to ensure that construction is completed within a defined period, pursuant to Section 920 (2)(c) of the Local Government Act. [Byl # 1261, 2014]

5.3.3 – 5.3.10 deleted [Byl # 1261, 2014]


5.4 Development Permit Area No. 4-HV Development Permit Area 4-HV, which shall be known as “Hemlock Valley Commercial Development Permit Area 4-HV” is established pursuant to Section 879(1) of the Local Government Act. Category of Designation: a) establishment of objectives and the provision of guidelines for the form and character of

commercial, industrial or multi-family residential development. Area of Application Development Permit Area No. 4-HV, as shown on Schedule “HV-5”. Justification: Currently, there is limited commercial development in Hemlock Valley. The day lodge, which was constructed in the early 1970’s, is comprised of a ski shop, administration office, cafeteria, licensed bar and an open meeting area. There are few fee-simple lots and some Crown land located within the VILLAGE COMMERCIAL DESIGNATION AREA which have the potential for commercial development. The Plan recognizes that the quality and the appearance of the built commercial environment is vital to the success of the resort as well as the community as a whole. A strong sense of the mountain terrain that surrounds Hemlock Valley should be reflected in the built environment, including but not limited to buildings, roads, landscaping and signage. Furthermore, the Plan encourages that the architectural design and layout of all commercial development take advantage of the natural environment and the climate conditions in Hemlock Valley. The Development Permit Area is therefore established in order to ensure that all development located within the Development Permit Area 4-HV occur in an orderly and coordinated manner and according to the following Plan guidelines. Conditions:

a) undeveloped land designated VILLAGE COMMERCIAL CENTRE. b) lack of interdependence between commercial and residential development. c) lack of coordinated development guidelines for commercial development. d) commercial development potential.

Objectives:

a) to promote and assist in developing the commercial area as a basis for community growth.

b) to ensure that development in the VILLAGE CENTRE COMMERCIAL DESIGNATION

area becomes an integrated part, both visually and physically in the community of Hemlock Valley.

c) to encourage compatible residential and commercial development within the VILLAGE

CENTRE COMMERCIAL DESIGNATION area.


d) to ensure compatibility in the siting and form of development.

e) to ensure that all commercial development proposals provide for adequate and convenient parking facilities.

Guidelines: In issuing development permits in this area the following guidelines will apply:

5.4.1 All new commercial developments shall contribute to the creation of comprehensive, integrated commercial village centre. The building design shall take into consideration the mountain views and the sun exposure so as to promote outdoor activities and pedestrian circulation.

5.4.2 All new commercial development shall, through design and layout, encourage open space gathering places and seating areas in order to ensure pedestrian circulation. New commercial development should also include pedestrian walkways and paths in order to encourage pedestrian traffic between the various commercial developments.

5.4.3 Development permits shall only be issued where a detailed development concept plan is submitted which identifies:

i. The building design shall reflect the natural surroundings and coordinate with existing

commercial development;

ii. Appropriate building material such as wood and stone and concrete to accommodate the climate conditions as well as suite the mountain resort character should be used.

iii. Appropriate and adequate landscaping and buffering to enhance the aesthetic quality of

the village centre. Landscaping should be used to edge the village centre commercial area and to provide visual continuity. The landscaping and screening should be of such nature that it will survive the climate conditions of Hemlock Valley.

iv. All pedestrian and vehicle access points and public gathering spaces must be protected

from snow shed and ice accumulation.

v. Sufficient parking facilities, screened from the commercial and residential development as well as ski visitors, shall be provided for. Furthermore, the parking facilities should be separated from the pedestrian circulation through building design.

vi. All new commercial development shall incorporate a snow storage area to be utilized for

the purposes of storing excess snow cleared from the commercial development.


5.4.4 a) A development permit may not be required for repair or alteration of a building or

structure where: development occurs within the interior of a building and does not involve additional sewage or waste water discharge; and

b) where the proposed construction does not affect or relate to the Guidelines for Development Permit Area 4-HV, 5.4.1 to 5.4.3; and

c) the type of construction, addition, or alteration does not affect or relate to matters of

health, safety, or the protection of property from damage; and, the development proposal complies in all respects with the policies of the Plan, the zoning regulations, and all other bylaws of the Regional District.


5.5 Development Permit Area No. 5-HV [Byl # 1261, 2014] Category of Designation: “Riparian Ares Development Permit Area 5-HV” is designated pursuant to Section 919.1(1)(a) of the Local Government Act for the protection of the natural environment, its ecosystems and biological diversity. Area of Application Development Permit Area 5-HV consists of all those parcels of land:

a) within the area of this Official Community Plan; and, b) entirely or partially within a Riparian Assessment Area, which is:

i. for a stream, the 30 metre strip on both sides of the stream, measured from the high water mark;

ii. for a ravine less than 60 metres wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 metres beyond the top of the ravine bank; and,

iii. for a ravine 60 metres wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 metres beyond the top of the ravine bank.

For convenience, mapped streams are generally shown on Schedule HV-8 – Riparian Areas Development Permit Area 5-HV. Note that Riparian Areas Development Permit Area 5-HV includes the Riparian Assessment Areas associated with all streams within the Plan area, whether mapped or unmapped, including but not limited to the streams shown on Schedule HV-8 – Riparian Areas Development Permit Area 5-HV.

Justification: Electoral Area C contains streams and riparian areas that directly or indirectly provide natural features, functions and conditions that support fish life processes. The Fish Protection Act and the Riparian Areas Regulation require local governments to protect these streams and riparian areas when exercising powers with respect to residential, commercial and industrial development. In the opinion of the Regional Board, this development permit area provides a level of protection that is comparable to the Fish Protection Act and the Riparian Areas Regulation. Objectives: The objective of Development Permit Area 5-HV is to protect the natural environment, its ecosystems and biological diversity. More specifically, this DPA will protect streams and riparian habitat primarily through the involvement of qualified environmental professionals and the identification of Streamside Protection and Enhancement Areas (SPEAs) that should remain free of development, including the disturbance of soils and vegetation.


Objectives:

5.5.1 A development permit must be obtained prior to: a) the subdivision of land; b) residential, commercial, institutional or industrial development including: i. the alteration of land; ii. the disturbance of soil or vegetation; or iii. construction of or addition to a building or structure; within a riparian assessment area. Activities Requiring a Permit:

5.5.2 Notwithstanding Section 5.5.1, a development permit is not required for the following:

a) development that does not involve residential, commercial, institutional or industrial uses; b) residential, commercial, institutional and industrial development that is demonstrated to be outside of a Riparian Assessment Area; c) residential, commercial, institutional and industrial development within a riparian assessment area where the development is separated from the stream by a dedicated and developed public road right-of-way; d) renovations or repair of a permanent structure on an existing foundation to an extent which does not alter or increase the building footprint area; e) minor additions to an existing building or structure, such as an increase in floor area up to 25% of the existing footprint, provided that the addition is located on the side or part of the building or structure most distant from the stream; f) development in accordance with a registered covenant or approved development permit that pertains directly and explicitly to riparian habitat protection, which: i. is registered in favour of the Fraser Valley Regional District and/or Provincial or Federal interests; and ii. establishes a riparian buffer. g) routine maintenance of existing landscaping or lawn and garden areas; h) removal of trees determined by a Certified Arborist or Registered Professional Forester (who is qualified to do tree risk assessment) to represent an imminent risk to safety of life and buildings; i) forestry activities on Crown land undertaken under an approved Forest Stewardship Plan approved by the Ministry of Natural Resource Operations in accordance with the Forest & Range Practices Act; j) riparian habitat enhancement or restoration works under the guidance of Provincial and Federal agencies; k) installation of seasonal play or recreational equipment on existing yard/lawn areas, such as sandboxes or swing sets; l) paths for personal use by the parcel owners, provided they do not exceed approximately 1.0 metre in width; are constructed of pervious natural materials with no concrete, asphalt, pavers or treated wood; do not involve structural stairs; require no removal of streamside vegetation; and do not impair stream bank stability; m) local and regional park facilities; n) emergency actions necessary to prevent, control or reduce immediate and substantial threats to life or property during flood, debris flood/flow, erosion, landslide, avalanche, stream avulsion and other geohazards events;


o) repair, maintenance and improvement of flood protection infrastructure and all related ancillary or accessory works, regulated and approved by Federal or Provincial agencies; p) the development of an approved community water or sanitary sewer system that is not ancillary to a residential, commercial or industrial development; q) Federal and Provincial regulated utilities, including railways, transmission lines or pipelines; r) public road or highway works; s) repair or replacement of an existing driveway, culvert or bridge; and, t) the construction of a single storey, detached residential accessory building or structure which is not intended to be used for any “residential occupancy” and which has a floor area not exceeding 20 square metres (215 square feet) and where: i. the building or structure is located as far from the stream as possible and in the location on the parcel that minimizes impacts to riparian habitat; and, ii. it is not possible to construct the building, structure or deck outside the riparian assessment area. 5.5.3 Where there is uncertainty regarding the location of development in relation to a Riparian Assessment Area or the nature of stream, the Regional District may require: a) a plan prepared by a BC Land Surveyor or Qualified Environmental Professional to confirm whether the planned disturbance is within the Riparian Assessment Area; or b) a report prepared by a Qualified Environmental Professional to determine if the stream satisfies the definition criteria. Guidelines: In order to achieve the objectives of Development Permit Area 5-HV, the following Guidelines shall apply to the issuance of Development Permits: Issuance of Development Permits 5.5.4 Each development permit application should, as a minimum be accompanied by: a) where applicable, an Assessment Report prepared by a QEP in accordance with the Assessment Methods and Development Permit Area 5-HV guidelines for the purpose of determining the applicable SPEA and other measures necessary for the protection of riparian areas; b) a scaled siting proposal clearly and accurately identifying all streams and water features, high water mark, top of bank, top of ravine bank, edge of wetland, riparian assessment area and the SPEA boundary in relation to existing and proposed property lines and existing and proposed development, as well as the locations of works and activities recommended in the Assessment Report; and, c) written certification that the proposed development is consistent with the Guidelines of Development Permit Area 5-HV and the Riparian Areas Regulation, and identifying any mitigation or compensation measures that are consistent with the Guidelines, including measures that may be specified as Development Permit conditions.


5.5.5 Pursuant to the Riparian Area Regulation and the Local Government Act, the Assessment Report prepared by a QEP should specifically consider and make recommendations respecting: a) the siting of buildings, structures or uses of land; b) areas to remain free of development; c) the preservation, protection, restoration or enhancement of any specified natural feature or area; d) works to preserve, protect, or enhance a natural watercourse or other specified environmental feature; e) protection measures to be taken to preserve, protect, restore or enhance fish habitat or riparian areas, control drainage, or control erosion or protect the banks of watercourses; and, f) timing of construction to avoid or mitigate impacts. 5.5.6 Where a development permit relates to the subdivision of land, an Assessment Report prepared by a QEP should: a) identify adequate building sites - including but not limited to building locations; front, rear and side yard areas; site services including sewage disposal facilities and water supplies; access; and, parking - on each proposed lot; b) identify streams that may be impacted by the proposed development; and c) consider whether any natural watercourses should be dedicated pursuant to Section 920(7)(c) of the Local Government Act. 5.5.7 The Regional District is authorized to issue a Development Permit after receiving: a) notification by the Ministry of Environment that Fisheries & Oceans Canada and the Ministry have been: i. notified of the development proposal; and, ii. provided with a copy of an assessment report which meets the requirements of the Riparian Areas Regulation; or, b) documentation demonstrating that Fisheries & Oceans Canada has, with respect to the proposed development, authorized the “harmful alteration, disruption or destruction” of fish habitat pursuant to Section 35 of the Fisheries Act or amendments thereto. 5.5.8 A development permit may include as a term or condition any recommendation made by QEP in an Assessment Report respecting: a) the siting of buildings, structures or uses of land; b) areas to remain free of development; c) the preservation, protection, restoration or enhancement of any specified natural feature or area; d) dedication of natural water courses to the Crown; e) works to preserve, protect, or enhance a natural watercourse or other specified environmental feature; and, f) protection measures to be taken to preserve, protect, restore or enhance fish habitat or riparian areas, control drainage, or control erosion or protect the banks of watercourses. 5.5.9 A development permit may impose terms and conditions respecting the: a) sequence and timing of construction including but not limited to timelines for completion of the works identified in the permit;


b) co-ordination of geotechnical recommendations by a Qualified Environmental Professional or Professional Engineer licensed in Province of British Columbia; c) minor modification of a SPEA as generally described in the Riparian Area Regulation Implementation Guidebook where no impacts to fish habitat occur and as recommended in an Assessment Report by a Qualified Environmental Professional. 5.5.10 A development permit may vary or supplement a bylaw under Division 7 or 11 of the Local Government Act provided that the variance or supplement is in accordance with the objectives and guidelines of Development Permit Area 5-HV. Measures to Protect the Streamside Protection and Enhancement Area 5.5.11 Land shall be developed strictly in accordance with the development permit issued. 5.5.12 No building or structure of any kind should be located, no vegetation should be disturbed, and no soils should be removed or deposited within a Streamside Protection and Enhancement Area except in accordance with the development permit and Assessment Report. 5.5.13 The SPEA boundary should be clearly flagged, staked or otherwise marked during all development phases to avoid encroachment into the Streamside Protection and Enhancement Area. Geotechnical Hazards 5.5.14 Where a proposed development requires geotechnical evaluation pursuant to a geotechnical hazard development permit area or Section 25 of the Community Charter, the riparian assessment should be coordinated with the geotechnical evaluation in order to provide a comprehensive development permit application. Permit Security: 5.5.15 The Regional District may require the applicant to provide security in the form of cash or an unconditional, irrevocable and automatically renewing letter of credit in cases where: a. security for the performance of conditions respecting landscaping is necessary; b. the Regional District considers that damage to the natural environment could result as a consequence of a contravention of a condition in a development permit; c. the Regional District considers that unsafe conditions could result as a consequence of a contravention of a condition in a development permit; or, d. the permit holder is required to retain, restore or replace native vegetation. 5.5.16 The amount of the security should be sufficient to cover the cost of any work that may be undertaken by the Regional District to correct deficient landscaping conditions, an unsafe condition, and damage to the natural environment that could reasonably be expected to result from the contravention of the permit. 5.5.17 A Letter of Undertaking signed and sealed by a Qualified Environmental Professional may be accepted in lieu of security where: a. the nature of required works, such as landscaping, are minor and the risk of damage to the natural environment is low; b. the Letter of Undertaking is signed and sealed by a Qualified Environmental Professional; and, the Qualified Environmental Professional will undertake the


works and provide to the Regional District a post-construction certification and inspection report as outlined in Section 5.5.18. Post-Construction Certification and Inspection 5.5.18 Upon completion of the works authorized by a development permit - and for certainty upon expiry of any timeline for completion of works established as a term or condition of a development permit - the holder of the permit must submit to the Regional District and the Ministry of Environment post-construction certification from a QEP which: a) certifies that the development has been carried out in accordance with the Assessment Report and that terms and conditions set out in the assessment report and the development permit have been properly implemented; or, b) identifies and documents all instances of non-compliance with the assessment report and the development permit and any measures necessary to correct deficiencies, including any works that should be undertaken by the Regional District as contemplated by Section 5.5.16. 5.5.19 The requirement for post-construction certification and inspection may be waived by a condition in a development permit. Offence: 5.5.20 Failure to: a) obtain a development permit where one is duly required; or, b) develop land strictly in accordance with a development permit issued; are offences under the Local Government Act and are contrary to the bylaws, regulations or policies of the Regional District. Upon summary conviction, penalties for offences may be up to the maximum set out in the Local Government Act. 5.5.21 Employees, officers and agents of the Regional District may enter, at all reasonable times, a property to inspect and determine whether the requirements of Development Permit Area 5-HVand the terms and conditions of a development are being met. Definitions: 9.3.22 In DPA 5-HV, the following terms have the meanings described below: “Assessment Methods” means the assessment methods set out in the Schedule to the Riparian Areas Regulation. “Assessment Report” means a report certified by a Qualified Environmental Professional and prepared in accordance with the Riparian Areas Regulation Assessment Methods and the guidelines of Development Permit Area 5-HV to assess the potential impact of a proposed development in a riparian assessment area. “development” includes the alteration of land, the disturbance of soil or vegetation, and construction of or addition to buildings and structures. “high water mark” means the visible high water mark of a stream where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the stream 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. “Qualified Environmental Professional” and “QEP” mean a qualified environmental professional as defined in the Riparian Areas Regulation. “ravine” means a narrow valley with an average grade on either side greater than 3:1 measured between the high water mark of the watercourse contained in the valley and the top of the valley bank, being the point nearest the watercourse beyond which the average grade is less than 3:1 over a horizontal distance of at least 15 metres measured perpendicularly to the watercourse; “Riparian Assessment Area” means a. for a stream, the 30 metre strip on both sides of the stream, measured from the high water mark; b. for a ravine less than 60 metres wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 metres beyond the top of the ravine bank; and, c. for a ravine 60 metres wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 metres beyond the top of the ravine bank. “Riparian Areas Regulation” means B.C. Reg. 376/2004 and amendments thereto. “Streamside Protection and Enhancement Area” and “SPEA” mean an area: a. adjacent to a stream that links aquatic to terrestrial ecosystems and includes both existing and potential riparian vegetation and existing and potential adjacent upland vegetation that exerts an influence on the stream; and, b. the size of which is determined in accordance with the Riparian Areas Regulation on the basis of an Assessment Report provided by a Qualified Environmental Professional. “stream” includes any of the following that provides fish habitat: a. a watercourse, whether it usually contains water or not; b. a pond, lake, river, creek or brook; or, c. a ditch, spring or wetland that is connected by surface flow to something referred to in paragraph (a) or (b)

Hemlock Valley Official Community Plan Page 44

6 ENVIRONMENTAL PROTECTION In undertaking an Official Community Plan, the Regional Board deals primarily with local land use and development issues. However, the Regional Board also recognizes the need to cooperate with the provincial government by acknowledging the provincial agencies’ statutory responsibilities for particular land use matters and by implementing policies which recognize provincial concerns in local areas. The following policies deal with many of these issues of mutual concern and largely depend, for their implementation on technical liaison and cooperation between provincial agencies and the Regional District.

6.1 Geotechnical and Other Hazards The Plan policies seek to, where possible, direct development away from lands potentially subject to avalanche, geological and related debris flow hazards. These hazards were identified in a generalized survey of geological conditions, the results of which are shown in “Hemlock Valley Official Community Plan, Stage 1 Study, Overview of Geotechnical Hazards”, Thurber Engineering Ltd., February, 1999, and an addendum, “Addendum to Hemlock Valley Official Community Plan Stage 1 Study: Overview of Geotechnical Hazards. Recommended Prohibition of Logging and Forest Road Permits on the South, East and North Slopes of Mount Keenan”, Thurber Engineering Ltd., January, 2000. The study provided a basis for locating the boundaries of Development Permit Area 1-HV and Development Permit Area 2-HV. The aim is as follows: -to provide a guide which will direct development away from areas of potential mass movement, surface erosion, flooding and snow avalanche hazards, and identify where detailed geotechnical evaluation is required before development should occur; and -protect the interests of the land owner as well as those of the community at large by providing for the erection of safe and sound structures. It is the Regional Board’s policy that: A. New development shall, where possible, be directed away from lands susceptible to mass

slope instability, erosion, rockfall, snow avalanche other forms of geological hazard and from lands with severe building or road foundation limitations.

Implementation: Technical liaison, development permit, zoning, subdivision control

process, feasibility and engineering studies, land area designations, plan amendment process.

B. New development proposals for lands located within Development Permit Area 1-HV,

Schedule HV-2, may require the completion of detailed site-specific geotechnical study prepared by a professional engineer or geoscientist, registered in the Province of British Columbia, pursuant to Section 699 of the Local Government Act.

Implementation: Development permits, subdivision process, building permits.


C. New development proposals for private and Crown lands located within Development Permit Area 2-HV, Schedule HV-3, may require the completion of detailed site-specific geotechnical study prepared by a professional engineer or geoscientist, registered in the Province of British Columbia, proficient in snow avalanche hazard assessment, pursuant to Section 920(11), of the Local Government Act.

Implementation: Development permits, subdivision process, building permits.

D. Where existing development is located in Development Permit Area 2-HV, as shown on

Schedule HV-3 and is affected by a potential snow avalanche hazard, a comprehensive snow avalanche hazards management plan should be undertaken. The Regional District should work in partnership with senior governments and community groups towards coordinated approach to manage and reduce the hazard affecting all residential lands. [Byl # 0994, 2010]

Implementation: Liaison with provincial regulatory agencies, feasibility and engineering

studies. [Byl # 0994, 2010] E. Overnight accommodation uses should be directed away from snow avalanche areas,

located in Development Permit Area 2-HV as shown on Schedule HV-3, to avoid hazard exposure to third-party users unaware of the risk. However, a property owner may undertake a site specific geotechnical study by a qualified professional engineer or geoscientist to determine on an individual basis if a property is suitable for overnight accommodation use if the land is safe for the intended use.[Byl # 0994, 2010]

Implementation: Zoning, feasibility and engineering studies. [Byl # 0994, 2010]

6.2 Stream and Lake Protection Stream and lake protection is a major concern in the community plan for Hemlock Valley. The location of the community in the headwaters of Sakwi Creek watershed stresses the need for stream and water quality management. The Plan’s policies protect the water resources for the Plan area as well as for the downstream communities located outside the Plan area. The following policies endeavour to promote proper water quality management. It is the Regional Board’s policy that: A. Where new development is to take place, a protective leave strip remaining naturally

vegetated should be maintained adjacent to all fish-bearing watercourses and to the lakeside of Cohen Lake. The width of the leave strip should be determined on a site-specific basis, in cooperation with the Ministry of Environment, Lands and Parks and then Regional Approving Officer. A leave strip may be provided by some of the following measures:

• return to Crown of stream bed; • return to Crown of a 7 metre leave strip; • restrictive covenants; • building and fill setbacks; • designation of development permit areas along watercourses; • strata title subdivision.


Implementation: Technical liaison, subdivision control process and development. B. Watercourses which contain or are able to support viable fish populations, should be

maintained in as natural a condition as possible by:

• Maintaining, where new development is to take place, natural vegetation along watercourses; and

• prohibiting uses requiring the placement of fill in river channels. All alterations to and withdrawals from watercourses require an approval under the Water Act from the Ministry of Environment, Lands and Parks: Water Management Branch6.

C. New development should comply with the Land Development Guidelines for the Protection

of Aquatic Habitat. New development that cannot meet the Land Development Guidelines may be referred to the Ministry of Environment, Lands and Parks7.

Implementation: Technical liaison, development permits, subdivision and development

control process. D. Effluents, whether domestic, commercial or industrial, should not be permitted to enter any

watercourse in the Plan area if they will impair the quality of the water.

Implementation: Technical liaison with the Fraser Valley Health Board and the Ministry of Environment, Lands and Parks.

F. Waste material should not be placed adjacent to a natural watercourse in such a way as to

result in leachate or silt introduction to the watercourse via surface drainage or groundwater contamination.

Implementation: Technical liaison with the Fraser Valley Health Board and Ministry of

Environment, Lands and Parks. G. No new uses within the Cohen Creek Community Watershed will be approved by the

Regional Board on Crown land where there is potential for negative downstream environmental and/or hazard impact.

Implementation: Technical liaison and subdivision control process.

6.3 Fish and Wildlife Protection The use of lands which provide significant fish and wildlife habitat will be controlled in cooperation with the B.C. Ministry of Environment, Lands and Parks and the Department of Fisheries and Oceans through Regional District development approval processes. It is the Regional Board’s policy that:

6 All alterations to and withdrawals from natural watercourses require an Approval under the Water Act from the Water Management Branch, Ministry of Environment, Lands and Parks. 7 “Land Development Guidelines for the Protection of Aquatic Habitat”, Department of Fisheries and Oceans Canada and the Ministry of Environment, Lands and Parks, May 1992.


A. Watercourses which support fish populations should be preserved and protected in as

natural a condition as possible, except where they may be improved under the direction of the Responsible Authorities. Development proposals will be referred to the Ministry of Environment, Lands and Parks or Department of Fisheries and Oceans where they may affect fish habitat.

Implementation: Interagency referrals and permit process.

B. Where new development is proposed on parcels of land adjacent to the Environmentally

Sensitive Areas identified in Schedule HV-4, a stable, protective leavestrip of natural vegetation should be provided, the width of which should be determined on a site specific basis in consultation with Ministry of Environment or Department of Fisheries and Oceans. Requirements for specific fish protection measures may be established through provisions of the Fisheries Act.

Implementation: Subdivision and development control process, interagency referrals and

permit process. C. Developers will be encouraged to design proposals in accordance with the “Guidelines for

Land Development and Protection of the Aquatic Environment”, the “Culvert Guidelines: Recommendations for the Design and Installation of Culverts in British Columbia to Avoid Conflict with Anadronous Fish” and “Planning Work Near the Water”, all of which are published by the Department of Fisheries and Oceans.


permit process. D. In the review of forest management plans and forest access roads on Crown lands, the

Regional District will require that forest development adhere to the provisions of the Forest Practices Code of British Columbia Act and other guiding legislation to encourage mitigative actions to protect residential developments, to conserve fish and wildlife resources and to provide for recreational opportunities, where appropriate. The requirement for protection of these resources includes levels of protection for individual or domestic water sources. As well, it has been recommended that all logging and forest road permits on the South, East and North slopes of Mount Keenan be prohibited (“Recommended Prohibition of Logging and Forest Road Permits on the South, East and North Slopes of Mount Keenan”, Thurber Engineering Ltd., January, 2000.”)

Implementation: Interagency referrals.

E. Stream diversions or in-stream activities which alter fish habitat or are harmful to fish

populations will not be supported.8

Implementation: Technical liaison, development permits. F. Riparian leave corridors shall be required on all streams, lakes, and creeks. 8 All alterations to and withdrawals from natural watercourses require an Approval under the Water act from the Water Management Branch, Ministry of Environment.


Implementation: Technical liaison, development permits. G. No person shall carry on any work or undertaking which will result in harmful alteration,

disruption or destruction of fish habitat.

Implementation: Board policy, development permit areas and zoning bylaws.

6.4 Community Watershed Protection Cohen Lake serves as the community water supply for the community of Hemlock Valley. In 1997, the Cohen Creek Community Watershed was established in accordance with Section 41(8) of the Forest Practices Code British Columbia Act. The Community Watershed is located on Crown land, outside the Provincial Forest. Therefore, the resort and the residents of the Hemlock Valley find it important that the Plan establish policies in order to protect the community’s water supply. The Plan’s policies are designed to provide a basis for ongoing liaison and cooperation with the Ministry of Environment, Lands and Parks and the Ministry of Forests. It is the Regional Board’s policy that: A. Applications for the alienation of Crown lands to introduce new uses of land located within

the Cohen Creek Community Watershed will not be supported or encouraged by the Regional Board.

Implementation: Interagency referrals, technical liaison.

B. Land use regulations which ensure responsible forest and watershed management in Cohen

Creek Community Watershed will be supported.

Implementation: Zoning, technical liaison. C. All forest harvesting plans within the Cohen Creek Community Watershed areas will not be

supported or encouraged by the Regional Board.

Implementation: Interagency referrals, technical liaison. D. All applications which are referred to the Regional District to alter watercourses, to withdraw

water, or to discharge wastes into watercourses will be reviewed to ensure that they do not adversely affect the potable water supply. Implementation: Interagency referrals.

6.5 Floodproofing Measures The flood and erosion hazards in the Plan area are associated with Sakwi Creek and its tributaries. Sakwi Creek has a history of flooding in the recent past and continues to pose a relatively high flood and erosion threat to the community. Most of the development in Hemlock Valley is located on high ground, well above Sakwi Creek. However, several lots, for example,


in the vicinity of Sakwi Creek Road, were created with insufficient area from the top of the ravine banks, and may therefore have problems meeting the required flood protection measures. Lots that may require flood protection measures are shown on Schedule HV-6. In order to protect any new development in the Plan area, the Plan provides the following policies: It is the Regional Board’s policy that: A. Public lands potentially subject to flooding and/or erosion should be designated, wherever

possible, for park uses.

Implementation: Zoning, designation policies. B. The Plan may be amended to reflect new information regarding flood and erosion hazards.

Implementation: Plan amendment. C. Notwithstanding the flood proofing and setback standards in this Plan, a site specific

geotechnical or hydrological study, pursuant to Section 699 of the Local Government Act, may be required by the Building Inspector prior to building permit approval, particularly in alluvial fan areas.

Implementation: Permit process.

D. Land shall not be rezoned, subdivided or otherwise developed unless all new development

is floodproofed in accordance with zoning and other bylaws of the Regional Board which will be based upon the following standards: i. General building setback conditions for Sakwi Creek and other nearby watercourses

would be a minimum of 30 metres from the natural boundary or 15 metres from the top of the high steep ravine banks, except as otherwise approved by Development Variance Permit and recommended by the Ministry of Environment, Lands and Parks: Water Management Branch. In some locations the floodway may be quite wide and greater setbacks may be necessary to prevent development from being located in active or inactive flood channels.

ii. General building elevation conditions for Sakwi Creek and other nearby watercourses

may vary from 3.0 metres to 1.5 metres above the natural boundary depending on channel capacity in that location, except as otherwise approved by Development Variance Permit, and recommended by the Ministry of Environment, Lands and Parks: Water Management Branch. Where stream avulsions or channel blockage by debris is likely, 1.0 metre above natural ground measured at the perimeter of the building, or 0.6 metre above the crown of any road or obstruction that water may pond, should be used to determine the building height, as recommended by the Ministry of Environment, Lands and Parks: Water Management Branch.

iii. Where the required elevation is achieved by landfill and/or structural elevation, the toe of

the landfill slope shall not be closer than 30 metres from the natural boundary of any nearby watercourses and the face of the landfill slope shall be adequately protected against erosion from flood flows.

iv. In alluvial fan areas, geotechnical and hydrological studies may be required, and


minimum building elevations will be established in consultation with the Ministry of Environment, Lands and Parks, based upon site specific referral.

Implementation: Interagency referrals, development permit process.

6.6 Parks It is important for the community that recreational sites be improved and expanded in order to offer year-round recreational sites. However, there are currently no provincial, regional or local parks located within the Plan area. Therefore, the Plan recognized the need for recreational land to be set aside for the public use. The area set aside for recreational use in the Plan, reflects the local recreational demand as well as recognizes the area’s natural environment. Park land acquisition may occur through subdivision dedication, donation or bequests through Crown land recreation reserve or through purchases. The specific location and design of community parks will depend upon the opportunity associated with individual park proposal and land available for such uses. All Crown land within the base area of the resort, including the cross-country ski trails and the area located between Snowmist Place and Edelweiss Drive, is part of the Controlled Recreation Area (CRA) License that HVRI has from the Province. According to the geotechnical report, submitted by Thurber Engineering Ltd., the land is geotechnically complex and may be better suited for outdoor recreational or park land use then future residential development. Therefore, the Plan recognizes the subject land as a potential recreational asset and designates the land as PARK. In the event that the boundary of the CRA is amended in the future to exclude these areas, the Regional Board may consider making application to the Province for acquisition of these lands for community park purposes, If so granted, the Regional Board, where approved by local petition or referendum, will establish a local service area for the creation and operation of a community park. At such time, a community park plan proposal should be prepared in conjunction with the local taxpayers of Hemlock Valley. The land offers excellent hiking terrain and some beautiful lookout spots of the valley and the surrounding mountains. It is the Regional Board’s policy that: A. All new subdivisions involving three or more lots, where the smallest lot is less than 4.9

acres (2 hectares), shall be required by the Regional Board to provide parkland according to the following guidelines:

• The park land dedication is the equivalent to 5 percent of the land being subdivided, and

in a location which benefits the community as a whole; or

• The park land dedication is the equivalent of 2.5 percent of the land being subdivided in a location which benefits the community as a whole. The land will have to be improved as to being fully landscaped to include such things as a linear park way, a play area or a picnic area; or

• The Regional Board may request cash in lieu of land for subdivision park dedication.



B. If the land adjacent to Sakwi Creek, as well as land along the established cross country trail

system becomes available for community park purposes, the Regional Board shall established a Local Service Area for the creation and operation of a community park, if approved by local petition or referendum. At such time, a community park plan proposal should be prepared in conjunction with the local taxpayers of Hemlock Valley.

Implementation: Technical liaison and public referrals.

C. If the portion of land located between Snowmist Place and Edelweiss Drive becomes

available for park purposes, the Regional Board may conduct a feasibility study in order to determine the potential for recreational land use of the land.

Implementation: Technical liaison.

D. In conjunction with the development of park land in Hemlock Valley, the access road to the

park areas shall be improved to reflect the anticipated increased traffic flow to the area as well as to provide safe access to the parks.


E. In conjunction with development of parkland in Hemlock Valley, the Regional Board will

continue to work with the Province, the owner and the residents of Hemlock Valley to identify and establish an organized campground area. The Regional Board shall establish a Local Service Area for the creation and operation of the organized campground area, if approved by local petition or referendum.


6.7 Natural Assets Protection The community of Hemlock Valley is built to take advantage of the natural assets that the area offers. It is therefore important that these assets, such as the creeks, the natural environment and the existing trail systems be protected in order for the community to continue to enjoy them in the future. The Plan provides the following policies: It is the Regional Board’s policy that: A. Trails, water access points and popular recreation sites should be buffered from the

encroachment of future development.

Implementation: Development permits, zoning, technical liaison. B. Protection of the area immediately adjacent to Sakwi Creek shall be a major consideration in

the development of a community linear park in the vicinity of the said creek. If approved by a local petition or referendum, a Local Service Area or Local Improvement District under


section 731 and 732 of the Local Government Act, shall be established for the creation and operation of a community park.

Implementation: Development permits, technical liaison.

6.8 Aggregate Mining Site Management There are some known sand and gravel deposits along the alluvial fans in the Plan area. Also, the Ministry of Employment and Investment, Mines Branch considered the Plan area to have good potential for future exploration and development of subsurface mineral resources. It is therefore important that the Plan provide policies which address the use and abandonment of aggregate mining operations. The following policies endeavour to promote proper aggregate mining site management in Hemlock Valley. It is the Regional Board’s policy that: A. All sand, gravel and other sites used for commercial or industrial extraction of aggregate

materials should have a plan, approved by the Chief Inspector of Mines for the safe operation, abandonment, recontouring and reclamation of such sites. Where necessary, there should be consultation between the Ministry of Employment and Investment, Mines Branch, the Regional District and the community to ensure that there is no conflict between bylaws relating to land use and the approve reclamation program.

Implementation: Permit process and technical liaison.

B. All sand, gravel and other sites used for the commercial or industrial extraction of aggregate

materials should be operated in accordance with practices which comply with the Mines Act and Mines Regulations.


C. Any gravel extraction use within the normal high water wetted perimeter of a watercourse is

required to obtain a permit pursuant to the British Columbia Gravel Removal Order of the Federal Fisheries Act prior to obtaining any necessary approvals from the Regional District.


D. Subject to public support, the Fraser Valley Regional District Soil Removal and Deposit

Bylaw No. 0023,1996, shall be amended to include the Hemlock Valley Official Community Plan area. Any commercial soil deposit or removal within the Plan area shall be brought under the regulations of the Regional District’s Soil Removal and Deposit Bylaw No. 0023.

Implementation: Bylaw No. 0023 amendment.


7 INFRASTRUCTURE AND SERVICES

7.1 Transportation The ability to travel conveniently to and within Hemlock Valley is vital to the resort and community’s success and liveability. Recognizing that automobiles will remain the principal mode of transportation to the community for the foreseeable future demonstrates the importance of continuing improvements to the regional and local network. The Plan recognizes that any expansion of the resort facilities will require further upgrading of the main access road. It is also important to note the need for a good transportation network within the community of Hemlock Valley. Currently, all local roads in Hemlock Valley are gravel surfaced. The public’s perception of a ski resort is partly determined by the accessibility and the condition of the road that leads to the resort. Furthermore, the increased use of Hemlock Valley Road in the summer months has increased the dust pollution in the area. Therefore, the Plan supports the paving of Hemlock Valley Road in the future. In the winter months, the local residents should be able to move freely within the community by means of car or by foot. In the summer time, safe and well defined pedestrian and cycling paths should also be provided for. The Plan supports the development of non-vehicular transportation network in the area by means of a linear park system. The linear park is also discussed in section 6.6 of the Plan. The Regional Board recognizes that the Ministry of Transportation and Highways (MoTH) is the road authority of the Plan area and that any access, alteration, construction or improvements must be approved by it. The Transportation Network Plan, Schedule HV-6 of the Plan, shows in graphic form some of the key transportation policies of the plan, and will help shape the road network in the Plan area. The policies contained in the Plan and shown on this map, together with the necessary controls to keep land areas required for future roads and development free from conflicting uses, will be implemented by various means, including zoning bylaws, covenants, agreements, and/or development permits. The Transportation Network Plan also establishes the classification of roads which recognizes the hierarchy of road function and standards. Land use and access regulations will be applied in relation to this network plan. Three classes of roads exist in the Plan area: Collector, Local and Cul-de-sac roads. Three classes of roads are recognized in this Plan, as follows:

COLLECTOR: A street performing the dual function of land access and distribution of traffic between local and arterial streets.

LOCAL: A street primarily designed for and providing land access with little or no provision for through traffic. Direct access is allowed to all abutting properties. Generally, the maximum length of a local street is 450 metres. CUL-DE-SAC: A local street with an opening only at one end with a minimum turning radius of 15 metres at the other end. Generally, the maximum right-of-way length of a cul-de-sac is 150metres; the minimum permitted is 15 metres.


It is the Regional Board’s policy that: A. Each new parcel of land shall have frontage on a public road, and the Regional Board will

not support applications for subdivision on major developments which propose road access via easement or forest roads.

Implementation: Interagency referrals with the Ministry of Transportation and Highways.

B. The construction or expansion of large commercial or residential developments and

campgrounds should provide two points of legal access, subject to the standards and approval of the Ministry of Transportation and Highways.


permit process. C. The Regional Board will encourage and support implementation of any highway

improvement projects, including the paving of Hemlock Valley Road.

Implementation: Board policy and technical liaison with the Ministry of Transportation and Highways.

D. Storm drainage in Hemlock Valley shall continue to be under public ownership and

supervision of the Ministry of Transportation and Highways.

Implementation: Board policy and technical liaison with the Ministry of Transportation and Highways.

E. Efficient and safe traffic flow is ensured by providing for off-street parking and

loading/unloading facilities. Designated parking area should be provided for in the VILLAGE CENTRE COMMERCIAL AREA designation to ensure safe and efficient pedestrian movements within the VILLAGE CENTRE COMMERCIAL AREA designation.


permit process. F. Where possible, the establishment of a comprehensive network of pedestrian and bicycle

routes along existing roads should be supported by the Regional Board.

Implementation: Technical liaison with the Ministry of Transportation and Highways and subdivision and development control process.

G. Where possible, a pedestrian connection between the VILLAGE CENTRE COMMERCIAL

AREA designation and the COTTAGE RESIDENTIAL AREA through the establishment of walking trails should be supported by the Regional Board.

Implementation: Zoning, subdivision process, permit process and liaison with the Ministry

of Transportation and Highways. H. Respecting snow clearance on roads and storage of the cleared snow, the Regional District

would support an agreement between Hemlock Valley Residents Association, Hemlock


Valley Resorts Incorporated and the Ministry of Transportation and Highways, to address the issue of snow clearance and the storage thereof from the road ways in Hemlock Valley.

Implementation: An Implementation Agreement, liaison with Ministry of Transportation and

Highways, Hemlock Valley Residents Association and Hemlock Valley Resorts Incorporated.

7.2 Community Water System The Hemlock Valley Water System is currently owned by HVRI and operated by Hemlock Valley Water Services Ltd. The British Columbia Utility Commission currently regulates this company. According to the Urban Systems Ltd. 1994 report, the present system requires improvements to the storage and distribution system. It is therefore clear that any expansion or creation of new development in Hemlock Valley is, to a certain extent, limited by water supply arrangements. Therefore, increased density or expansion of existing development is likely to require a significant upgrading to the community water system. This view is also in accordance with the Regional Health Board’s policy for new development within the Plan area. Extension of the water system should continue in a manner that will provide for full fire protection flows and meet the peak daily demand. The Plan encourages public ownership and operation of utility facilities. The process in which public ownership of a utility company is considered, require the public support either by referendum or petition. It is the Regional Board’s policy that: A. The Community Water System shall be operated and maintained in accordance with the

Provincial Water Utility Act and the Regional Health Board’s policies and regulations.

Implementation: Interagency referrals. B. All new development in Hemlock Valley shall be served by an Approved Community Water

System. When new land is scheduled for development, the community water system should be developed in accordance with the regional Health Board’s policies and regulations.


permit process. C. Public ownership and operation of the community water system be supported by the

Regional Board should the owner of the water utility offer to transfer the system to the Regional District. If the water utility system is offered for a nominal fee, and approved by local petition or referendum, a Local Service Area shall be established in order to operate the community water system. A feasibility study of the water system will be required by the Regional District before a transfer of ownership is recommended.

Implementation: Technical liaison, public referendum or petition process.

D. In the case of a Regional District operated water system in Hemlock Valley, the Regional

Board shall also review the feasibility of operating the community sewage facility, so as to reduce the maintenance and operating cost of the facility.



7.3 Community Sewage System Hemlock Valley is served by a private sewage utility company, Hemlock Valley Sanitary Services Ltd. In 1975, the Ministry of Environment issued a waste management permit for the facility to authorize the discharge of effluent. This permit has been renewed several times and is still valid today. The sewage discharge is currently fed to a tertiary treatment plan located in the south-west portion of the Plan area. From the sewage treatment plant the discharge is pumped up to Disposal Creek which is located in the north-west portion of the Plan. Disposal Creek flows into Maisal Creek which ultimately flows into the Chehalis River. Any proposed development in the area would have to consider the potential carrying capacity for the relatively small initial receiving waters. The Urban Systems Ltd. Study of 1994 concluded that the sewage facility is generally capable of meeting the discharge demand of the existing community. Also, the report found that the sewer facility may reasonably be expanded. The Plan provides for policies concerning general waste disposal and procedures in the event that the private service facility was to be transferred into public ownership. Furthermore, through liaison with the Fraser Valley Health Board and the Ministry of Environment, general sewage disposal levels in the area will be monitored and the policies concerning sewage disposal will be reviewed on a regular basis. It is the Regional Board’s policy that: A. New development proposals shall be served by an approved community sewer system.

Implementation: Subdivision and development control process, interagency referrals and permit process.

B. New development proposals shall demonstrate through an engineering study, signed and

sealed by an engineer licensed in British Columbia, that the community sewage facility can adequately serve the proposed development.


permit process. C. Public ownership and operation of the community sewage utility be supported by the

Regional Board should the owner of the sewage utility offer to transfer the system to the Regional District. If the sewage facility is offered for a nominal fee, and approved by local petition or referendum, a Local Service Area shall be established in order to operate the community sewage system. A feasibility study of the sewage system will be required by the Regional District before a transfer of ownership is recommended,


D. In the case of a Regional District operated sewer system in Hemlock Valley, the Regional

Board shall also review the feasibility of operating the community water system, so as to reduce the maintenance of the operating costs of the facility.



E. The Ministry of Environment ensures that the community sewage facility be operated in accordance with the Waste Management Permit issued by the Ministry. Implementation: Subdivision and development control process, interagency referrals and

permit process. F. Consultation and dialogue should be encouraged between the owner of the sewage facility

and its customers, the Ministry of Environment, Lands and Parks, Fraser Valley Health Region and the Regional Board in the management and operation of the sewage facility.


7.4 Solid Waste Management Hemlock Valley is located within the Hemlock-Harrison Mills Local Service Area, designated for solid waste management. Hemlock Valley has a solid waste management transfer station which currently accepts refuse and recyclables. There is currently no residential composting program in place. Information regarding composing practice is provided by the Regional District in their information pamphlet “A Beginner’s Guide to Backyard Composting”. The Regional District has recorded several incidents of misuse of the waste depot. The residents and the resort have expressed their concern about the current conditions of the transfer station. The number of waste disposal containers are not adequate for the peak visiting season. As a result, waste is collected outside the garbage and recycling bins and attracts wildlife to the area. In accordance with the requirements of the Waste Management Act of 1989 and the amendments thereto, the Fraser Valley Regional District has prepared a region-wide Regional Solid Waste Management Plan. The Plan addresses the Province’s goal of a 50% reduction in solid waste disposal by the year 2000. Under the implementation strategies of the Regional Solid Waste Management Plan, the Plan provides the following policies: It is the Regional Board’s policy that:

A. Wastes will be reduced and reused to the greatest extent possible.

Implementation: Regional Board’s Solid Waste Management Plan. B. Where financially feasible, the Regional Board supports the enhancement of the existing

recycling programs and encourages residential composting to be conducted in such a manner so as to avoid the attraction of wildlife to the area.

Implementation: Regional Board’s Solid Waste Management Plan.

C. The solid waste management program, affecting Hemlock Valley should be environmentally

sound, technically and economically feasible, and socially acceptable.



D. The public school should be consulted on any proposed facilities, alteration or the upgrading of existing facilities, in a manner acceptable to MoELP. Implementation: Regional Board’s Solid Waste Management Plan and public referral

process.

E. The public awareness of solid waste issues be improved through education programs. Implementation: Regional Board’s Solid Waste Management Plan.

F. Undesirable waste handling and disposal methods, including littering and illegal dumping be

minimized. Implementation: Regional Board’s Solid Waste Management Plan.

G. Open burning of municipal solid waste, including demolition land clearing and construction

debris, where appropriate be eliminated. Implementation: Regional Board’s Solid Waste Management Plan.

H. Wastes will be directed to longer capacity landfills as existing landfills close.


7.5 Electricity Service Hemlock Valley Electrical Services Ltd. (HVES) was incorporated in 1976 and at that time was owned by Hemlock Valley Recreations Ltd. (HVR). HVES constructed a power line from Morris Valley Road to Hemlock Valley in 1983 to replace the diesel generator. The power line was acquired by B.C. Hydro who now in turn provides electrical power to the community. Currently, the Hemlock Valley Resorts Inc. distributes electrical power to the community. In 1987, the ownership of HVES was transferred to the current owner, Hemlock Valley Resorts Inc. Today, electrical power is being transferred through a three-phase distribution line from the substation in Mission to the load break switch located adjacent to the sewage treatment facility in Hemlock Valley. HVES purchases power from B.C. Hydro at the load break switch and distributes the electrical power by means of underground wiring. HVES is currently servicing the residential community, the ski lodge, ski lifts, the maintenance yard and the Hemlock Valley Sanitary Services Ltd. Since Hemlock Valley is essentially a winter resort community, the demand for electrical power in Hemlock Valley varies greatly by the season. Specifically, the power consumption increases in the winter months when the ski hill is in operation. HVES is regulated under the British Columbia Utilities Act and any amendments to the current agreement will have to be reviewed and approved by the Commission. Since the early 1980’s, the Utility Commission has adjusted the utility rates according to the operation and maintenance cost associated with service. In 1990, the rate payers of Hemlock Valley and HVES approached the British Columbia Utility Commission indicating their interest in transferring of ownership of the electrical distribution system to B.C. Hydro. According to B.C. Hydro, a transfer of ownership would only be feasible


if the current underground electrical distribution system in Hemlock Valley is upgraded to B.C. Hydro’s standards. To date, this proposed transfer of ownership has not occurred. It is the Regional Board’s policy that: A. All new development shall demonstrate that it can be served by Hemlock Valley’s available

power supply. Furthermore, any capital investments, alteration or increases to the existing electrical power utility will require the approval of the Utility Commission.

B. All new development shall occur in such manner so as to avoid the expenditure of public

and private capital in premature or scattered developments.

Implementation: Public petition or referendum and subdivision and development control process.

C. If economically feasible and supported by the local residents and the resort, the Regional

Board supports the transfer of ownership of the electrical power utility to BC Hydro.

Implementation: Public petition or referendum and subdivision and development control process.

7.6 Natural Gas and Other Services The Regional District reviewed the feasibility of expanding natural gas service to the Hemlock Valley area. Because of the high costs for this gas main and the fact that Hemlock Valley residents have the option to install their own gas supply and distribution, the Regional District decided not to proceed with this project at this time. The Regional District recognizes that the provision of utilities in a resort community are costly and that this may even be an impediment for future development. Therefore, the Regional District will encourage local residents in their initiative to provide a full range of community services at an affordable rate. A. All new development shall occur in such manner so as to avoid the expenditure of public

and private capital in premature or scattered development. Implementation: Public petition or referendum and subdivision and development control

process. B. If economically feasible, the Regional Board supports the introduction of natural gas to

Hemlock Valley to ensure an affordable power supply for existing development as well as to encourage future growth in the community.

Implementation: Technical liaison and public petition or referendum.

C. All development should be coordinated with, and provision be made for, essential community services such as telephone and cablevision servicing at levels appropriate to the proposed development.



7.7 Fire Protection and E-911 Services The following policies are intended to support the efforts of the volunteer fire department and to improve fire protection in association with any increase in land density. The Plan also provides policy in regard to emergency services provided in Hemlock Valley. It is the Regional Board’s policy that: A. The Regional Board will encourage and assist in the maintenance of the volunteer fire

department. Implementation: Technical liaison.

B. Servicing improvements in the community plan area should be coordinated with

improvements in fire protection facilities. Wherever possible, servicing schemes should be discussed with the local Fire Department before the construction stage, for comments regarding water quantities available for fire-fighting, fire hydrant placement and fire truck access.

Implementation: Subdivision and development permit process.

C. Adequate water capacity for fire fighting shall be ensured in Hemlock Valley as the density of residential subdivision increases.

Implementation: Subdivision and development permit process.

D. The Volunteer Fire Department receive an adequate and constant supply of power; that the

water level in the reservoir be monitored; and that the existing fire hydrants receive adequate snow removal in the winter months in order for the Fire Department to provide proper fire protection for the community. Implementation: Technical liaison.

E. Forest Fire protection service agreements will be established and maintained with the

Ministry of Forests.

Implementation: Interagency referrals.

F. The Regional Board monitors the public’s concerns regarding the emergency services in the area and will assist the local people, where possible, in achieving the best service available for Hemlock Valley. Implementation: Technical liaison.

7.8 Schools and School Bus Service Hemlock Valley is located within the Fraser-Cascade School District No. 78. According to the School District, no children from the Hemlock Valley are currently registered with any of the schools within their jurisdiction. However, according to the residents of Hemlock Valley, there are currently 10 children home schooling in Hemlock Valley. These children are registered with


various home schooling organizations. Also, one high-school student is currently corresponding with the Chilliwack School District. The community of Hemlock Valley is currently too small to justify the construction of a school facility. However, some of the residents would like to see some school transportation services to be provided for the children in Hemlock Valley. This would make it easier for families with small children to settle in Hemlock Valley on a permanent basis. It is the Regional Board’s policy that: A. The Regional Board will encourage and facilitate improved road conditions in order to

ensure safe school transportation services in the area. Implementation: Technical liaison.

B. Where there are insufficient eligible students to justify the establishment of a school bus run

or where a bus run has not been established for other reasons like safety and unsuitable road conditions, the Regional Board supports the arrangement of alternative transportation assistance between the parents of eligible students and the Fraser-Cascade School District No. 78.



8 TEMPORARY USE PERMITS Section 921 of the Local Government Act allows for the issuance of permits for temporary commercial or industrial uses in areas designated within an Official Community Plan. The Regional Board of the Fraser Valley Regional District, upon review of a report and recommendations of the Electoral Areas Services Committee (EASC), may issue a Temporary Use Permit. The report contains a copy of the completed application, recommendations and resolutions of the EASC, as well as any relevant information provided by the Manager of Planning. The permit may be issued for a period of up to two (2) years and may be renewed only once, subject once again, to the discretion of the Regional Board. Upon issuance, the Regional Board has the authority to impose special conditions under which the temporary industrial or commercial use may be carried on. If a resolution is passed allowing for a Temporary Use Permit to be issued, notice must be given in a newspaper stating a place where the Temporary Use Permit may be inspected. In addition, under Section 921(6) of the Local Government Act, a mail out must be completed to the property owners and occupiers of property within a distance, specified by bylaw, of the subject land or lands, which will be affected by issuance of the Temporary Use Permit. The Board may also hold a public information meeting to hear the concerns of residents respecting the permit application. Under Section 921(12) of the Local Government Act, as a condition of issuing the permit, the Regional Board may require the owner of the land to give security to guarantee the performance of the terms of the Temporary Use Permit. The security may be in the form of cash or a letter of irrevocable credit, the amount of which is to be determined by the Regional Board. A major purpose of collecting the security is to ensure that the land is returned to the condition prior to issuance of the permit when the permit has expired. Legislation provides for the Regional Board to cash in on, and utilize the security, in the event of a default under the conditions of the permit. Table 5 summarizes the types of uses which may be permitted by Temporary Use Permits within the Plan area. It is the Regional Board’s policy that: A. The Official Community Plan area, as shown on Schedule “HV-1”, is designated for the

issuance of Temporary Commercial or Industrial Use Permits. B. A Temporary Commercial or Industrial Use Permit may be issued for the following

commercial or industrial uses:

i. special events of a commercial nature which are of limited duration and which will not preclude or compromise future permitted uses on the proposed site of the temporary use;

ii. short-term industrial activity such as portable asphalt plants, portable sawmills, heavy equipment storage and construction yards related to specific industrial projects of limited duration;


iii. temporary sand and gravel extraction;

iv. industrial or commercial uses which comply with the area designation policies but where appropriate zoning does not presently allow for such uses. To provide for temporary approval of transitional uses or uses where uncertainty exists as to their appropriateness or viability and where it is premature to decide upon rezoning and long-term land use rights, a temporary use permit may be issued for a limited period.

C. A Temporary Commercial or Industrial Use Permit may be issued for other temporary

commercial or industrial uses but only within the Areas designated VILLAGE CENTRE COMMERCIAL AREAS, FUTURE SETTLEMENT, COMMERCIAL OUTDOOR RECREATION, COMMUNITY SERVICES and OUTDOOR RESOURCE as on Schedule “HV-1”.

D. The issuance of Temporary Commercial or Industrial permits shall be subject to the

issuance of a temporary access permit for the proposed use by the Ministry of Transportation and Highways.

Table 5. Temporary Use Permits Type of Use Which May be Permitted Area Where Permit May be Issued

(a) Special commercial events All designations (b) Temporary sand and gravel operations All designations (c) Short-term industrial and construction uses All designations (d) Transitional industrial/commercial uses

which comply with area designation policies but where appropriate zoning is not available

All designations

(e) Other industrial or commercial uses Village Centre Commercial, Future Settlement, Commercial Outdoor Recreation, Community Services and Outdoor Resource


9 BOUNDARY AND ADMINISTRATION Most policies of the Plan relate directly to the confined area within the Official Community Plan boundary. The focus of the Plan is upon the areas of Hemlock Valley, located within Electoral Area “C”. However, some Regional Board policies relate to a wider area, based on the interrelationship of the Official Community Plan area and the surrounding region. This is the first Official Community Plan for Hemlock Valley. The policies and designations of the Plan are important in attempting to encourage development in the area and to establish guidelines and objectives which will provide a context for future development. It is the Regional Board’s policy that:

A. The Regional Board will support and assist in increasing the representation and involvement of the community in local decision making where requested by local residents. Implementation: Zoning and permit process.

B. The current administrative boundaries for the Plan area shall remain unchanged during the

life of this Official Community Plan.

Implementation: Plan policy.


10 INTERPRETATION ACCESS means the access permitted and specified in a Highways Access Permit issued by the Ministry of Highways; see also PUBLIC ACCESS; ACCESSORY means customarily incidental to the permitted use of the land, building or structure located on a particular lot; ACCESSORY EMPLOYEE RESIDENTIAL USE means a use accessory to commercial use, to a campground use and to an industrial use, where the building or buildings so used include one dwelling unit for the accommodation of the owner, operator or manager; ADVISORY PLANNING COMMISSION means a commission established under Section 955 of the Local Government Act which is responsible for advising the Regional Board on planning concerns of the local community referred to it by the Board; ALLUVIAL FAN means the alluvial deposit of a stream where it issues from a steep mountain valley or gorge upon a plain or at the junction of a tributary stream with the main stream; APPROVAL means approval in writing; APPROVED COMMUNITY SEWER SYSTEM means a public or private system of pipes of sufficient capacity to carry sewage from an area to connected treatment and disposal facilities as approved by the Waste Management Act or the Health Act; APPROVED COMMUNITY WATER AND SEWER SYSTEMS OR EQUIVALENT means systems built to the same standard and approved under most circumstances by the same agencies as in the case of an “approved community water system”, and an “approved community sewer system”, but may be owned, operated, or maintained by a corporation, strata corporation or cooperative; APPROVED COMMUNITY WATER SYSTEM means a system of waterworks which services two or more parcels, which is approved by the Ministry of Health, and which: is owned, operated, or maintained by the Regional District pursuant to the Local Government Act; or is owned, operated, or maintained by an Improvement District under the Local Government Act; or is regulated under the Water Utility Act; or is owned, operated, or maintained by a strata corporation pursuant to the Condominium Act; ASSOCIATED RESIDENTIAL USES means a variety of uses clearly ancillary or accessory to a single or multi-family residential use including bed and breakfast and home occupation; AUXILIARY RESIDENTIAL ACCOMMODATION means residential accommodation which is auxiliary to the principal use of the building in which it is located; BARE LAND STRATA means a subdivision pursuant to the Condominium Act; BOARD ACTION means any resolution or undertaking of the Regional Board; BUILDING BYLAW means any building bylaw applicable to Electoral Area “C” of the Regional District enacted pursuant to the Local Government Act;


CAMPGROUND means any lot or parcel operated and occupied for part of the year only as temporary accommodation for holiday makers in recreational vehicles, travel trailers, or tents but which involves no buildings, structures, or service connections except as provided for in the zoning and regulatory bylaws of the Regional District and which is either operated for remuneration or is licensed accommodation under the regulations made pursuant to the Travel Bureau Act of the Province of British Columbia; does not include natural camping grounds or sites owned or leased under the Condominium Act, holiday park, mobile home park or hotel, motel, motor hotel, resort, or camp licensed under the Community Care Facilities Licensing Act of the Province of British Columbia; COMMERCIAL ACCOMODATION means a hotel or other development offering short-term lodging with a guest registry and lobby facility; CONSERVATION USE means the preservation and protection of natural resources and assets in their natural state, including the habitat of bird, fish, and other wildlife; CONTIGUOUS when applied in two areas of development, means that they abut or touch each other; CREATE means the enlarging of a land area designation by adding non-contiguous areas to it; DESIGNATION means the area of land to which the land-area policies of Section 4 apply; DEVELOPMENT means a change in the use of any land, building, or structure for any purpose, and shall include carrying out of any building, engineering construction or other operation in, on over, or under land, or construction, addition, or alteration of any building or structure that has the effect of increasing the size or usability thereof. DEVELOPMENT APPLICATION means an application pursuant to an enacted provision of a Responsible Authority which affects the development of any land within the area covered by this Plan; DEVELOPABLE LAND means land without topographic or other physical constraints and with safe building site and access, which is suited to residential and other forms of development; DEVELOPMENT TRENDS means the rate, location, type, pattern, and course of residential and commercial development and the social, economic, fiscal, and environmental impacts of such development on a community or region; EXTEND means the enlarging of a land-area designation by adding contiguous areas to it; FEASIBILITY STUDY means a study or studies prepared by a professional engineer licensed in the Province of British Columbia concerned with:

• the effect on soil stability of disturbing natural grades or natural growth, or changing the moisture content of the soil by developing, using, or occupying the land;

• groundwater levels and conditions; • the depth and extent of flooding and likely frequency of its occurring;

FISHING means commercial fishing, and includes a fish farm other than one operated as a tourist recreation facility;


FLOODPLAIN means an area of land, whether floodproofed or not, which is susceptible to flooding by a watercourse, lake, or other body of water; it includes some areas shown on Schedule “HV-2” and Figure 2.3 of this Plan; FORESTRY USE means the cutting and preliminary grading of forest products for shipment; includes temporary or portable sawmills or shake mills processing materials cut in the local area; GEOTECHNICAL STUDY means a study or studies prepared by a professional engineer with training and experience in geotechnical engineering, in some cases proficient in snow avalanche hazard assessment, licensed in the Province of British Columbia which: interprets the physical conditions of surface or subsurface features in a study area with respect to stability, potential seismic disturbance, interrelated chemical activity, and size and volume analysis; specifically addresses the possible effects of physical alterations or deformations of the land related to proposed building or other projects; and, may establish standards for the siting and construction of proposed buildings or the nature and location of proposed uses; HOME OCCUPATION USE means a use accessory to a one-family residential use where the householder carries on an occupation, craft, or profession for remuneration; LIGHT INDUSTRIAL means the use of land, or building, or structure for one or more of the following operations: the repair and servicing of vehicles, machinery, and buildings; includes the outdoor storage and loading facilities; LOCAL COMMERCIAL USE means a commercial use intended to serve the day-to-day needs of the local population residing in the vicinity of the local commercial use; includes general stores, cafes, convenience stores, neighbourhood pub, and small personal service establishments; LOCAL TRANSPORTATION USE means a use of land providing for the movement of people and goods within the vicinity of the local transportation use; LOW DENSITY COMMERCIAL RECREATION means a low density group recreation use carried out on a seasonal or temporary basis, including ranches, lodges, recreation camps, and private recreational, institutional, or cultural facilities; includes outdoor recreation use but excludes camping ground use; MAJOR TOURIST RECREATION COMMERCIAL USE means a commercial use involving, though not limited to, extensive open air commercial recreation facilities for active physical participation, which is intended to serve the regional population and which would have transportation requirements of regional significance; it includes amusement parks, marinas, display gardens, and golf courses, but excludes low-density commercial recreation uses and camping ground use; MAXIMUM SITE COVERAGE means the proportion of a parcel of land which is used for buildings, structures, driveways, patios, swimming pools, and other development covering the surface of the land;


MIXED COMMERCIAL/MULTI-DWELLING RESIDENTIAL USE means a development project containing both commercial and residential floor space conceived and designed as a single environment in which both commercial and residential amenities are provided. The COMMERCIAL USE must be located on the ground floor and COMMERCIAL ACCOMMODATION and RESIDENTIAL ACCOMODATION on the storey(s) above the COMMERCIAL USE; MULTI-FAMILY RESIDENTIAL USE means the use of land for the accommodation of households on the basis of more than one dwelling unit per legal parcel; NATURAL BOUNDARY means the visible high-water mark of any lake, river, stream, or other body of water, where the presence and action of the water are so common and usual, and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream, or other body of water, a character distinct from that of the banks thereof in respect to vegetation, as well as in respect to the nature of the soil itself; NATURAL CAMPING GROUND USE means a use of land for camping sites, on an overnight rental basis, which involves no buildings, structures, or service connections except as provided for in the zoning and regulatory bylaws of the Regional District; excludes commercial campgrounds and R.V. parks, sites owned or leased under the Condominium Act, and camps licensed under the Community Care Facility Act of the Province of British Columbia; OFFICIAL COMMUNITY PLAN means a plan prepared and adopted by a regional board by bylaw pursuant to Sections 875 and 876, 877, 878, 879, 800 and 881 of the Local Government Act which applies to all or parts of the electoral areas of a regional district. It forms the basis for preparing development bylaws in an electoral area; ON-SITE SERVICES means the provision of an individual water supply and an on-site sewage disposal system in accordance with the standards of the Responsible Authority pursuant to the requirements of the Health Act, Waste Management Act, and bylaws of the Regional District; OUTDOOR RECREATION USE means providing for extensive open air commercial recreation facilities for active physical participation and the retail sales and services clearly incidental to such facilities; does not include golf courses; PLAN AMENDMENT means a bylaw amending a schedule of this Plan prepared and adopted pursuant to the Local Government Act and Part 2, Section 3.2 of this Plan; PLAN MAPS means the set of maps forming part of this Plan, marked as Schedules “HV-1”, “HV-2”, “HV-3”, “HV-4”, “HV-5”, and “HV-6”; PUBLIC ACCESS means the unrestricted right of the general public to cross land without the need for any approvals or specified permits; PUBLIC USE means the use of land by a government or administrative body intended primarily to serve the day-today needs of the population residing in the local vicinity, and includes civic, utility, institutional, recreation, and conservation uses but excludes commercial recreation use; RECREATION USE means public park, conservation, recreation, and other ancillary uses as permitted by the Responsible Authorities; excludes commercial recreation uses;


RESIDENTIAL ACCOMMODATION means a fixed place of living, excluding any temporary accommodation, to which a person intends to return when absent; RESOURCE EXTRACTION USE means mining and the extraction of aggregate materials; includes mining; forestry, fishing, and associated local transportation uses; RESOURCE INDUSTRIAL USE means uses related to the extraction, primary processing, transport, and manufacturing of products from primary natural resource materials; includes log booming, sawmills, pole treatment plants, and gravel sorting and screening plants and similar related industries; RESPONSIBLE AUTHORITY means a governmental and/or administrative body, operating in part or in total within the region, which is charged with or capable of enacting government provisions affecting the development of land or the construction of public works within the region; includes a member municipality, a regional district, the Province of British Columbia, the Government of Canada and their agencies; SELF-CONTAINED PLANNED UNIT DEVELOPMENT means a strata title development, pursuant to the Condominium Act, consisting of two or more lots or sites for residential use of a retirement, seasonal or recreational character; excludes a mobile home park, motel, and campground; SEMI-PUBLIC USE means the use of land by a religious organization, club, lodge, fraternal organization, society or association intended to serve the needs of the population residing in the vicinity of the semi-public use; includes churches, day-care facilities, meeting halls, and club uses; SERVICE AND REPAIR means a shop for servicing, repairing, installing, or renting things and equipment, including but without limiting the generality of the foregoing, the following: radio or television service or repair shops, locksmith shops, small appliance service or repair shops, household and carpenter tool service or repair shops; SINGLE FAMILY RESIDENTIAL USE means the use of land for the accommodation of households on the basis of one dwelling unit per legal parcel; SPECIAL EVENT means the use of land for temporary commercial or industrial use including fairs or concerts, campsites, assembly use, recreation use, emergency operations, and other event-related land uses; SUBDIVISION CONTROL PROCESS means the division of land into two or more parcels, or the consolidation of two or more parcels, whether by plan, apt descriptive words, or otherwise; and includes land parcels registered under the Condominium Act and Crown leases; TECHNICAL LIAISON means the participation and cooperation between the Regional Board and the federal and provincial governments and their agencies toward the successful implementation of the Plan’s policies; TEMPORARY USE means a commercial or industrial use for which a Temporary Use Permit pursuant to Section 921 of the Local Government Act is issued;


TOURIST COMMERCIAL USE means the use of land for commercial establishments intended primarily to serve the day-to-day needs and leisure time activities of a visitor population temporarily accommodate in the vicinity of the local tourist commercial use and local residents; includes local tourist attraction uses and artisan craft workshop uses, but excludes major tourist recreation commercial uses; UTILITY USE means a use of land for major electrical, gas and oil transmission lines, major communication facilities and trunk water, sewer and storm drainage lines; WATERCOURSE means any natural or man-made depression with well-defined banks and a bed 0.6 metres or more below the surrounding land serving to give direction to a current of water at least size (6) months of the year or having a drainage area of two (2) square kilometers or more upstream of the point of consideration, or as designated by the Minister of Environment and Parks, or a Designated Official.

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