SURREY’S

SENSITIVE ECOSYSTEM PROTECTION MEASURES

FORUM ON ENVIRONMENTAL ASSESSMENT FOR URBAN DEVELOPMENT

OCTOBER 19, 2016

AGENDAWhy?

• Riparian and Environmental Considerations

• Council Direction

What?

• Sensitive Ecosystem Development Permit Areas

Where and How?

• Protection Areas (BCS GIN and Streamside Zoning Bylaw)

How?

• Amendment of OCP

• Amendment of Zoning Bylaw

When?

• Next Steps

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WHY?RIPARIAN AND ENVIRONMENTAL CONSIDERATIONS

• Erosion

• Slope Stability

• Trees

• Drainage Maintenance Access

• Encroachments

• Invasive Species

• Beaver Management

• Public Access

• Species at Risk

• Biodiversity Conservation Strategy (BCS)

• Riparian Areas Regulations (RAR)

• Streamlined Process

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EROSION

Narrow riparian areas;• do not allow for natural creek movement –

require armouring / fortifying or purchasing at great expense.

• Presents a major liability for homeowners as well as the City

Wider riparian areas increase resilience to erosion

SLOPE STABILITY / TREE FAILURES

• Erodes natural angle of repose

• Erosion often causes slope instability to structures and trees (causes tree failures).

EROSION / TREE FAILURES

Narrow riparian areas:• exacerbate erosion resulting in the

undermining of trees• do not allow tree failure without

liability

DRAINAGE MAINTENANCE ACCESS

Require drainage access for: • streamflow conveyance

maintenance and • major and minor capital works

HAZARD TREE MANAGEMENT

Native trees >30m tall – taller than the width of many riparian areas – trees may fall across entire riparian area targeting both sides of the greenspace.

Narrow riparian areas are less resilient to wind-throw.

ENCROACHMENTS

Narrow riparian areas are often enveloped within the adjacent private property due to their apparent ‘insignificance.’

Small lots often encroach on adjacent riparian areas to obtain more usable yard space

INVASIVE PLANTS

Narrow riparian areas:• do not allow for interior forest

habitat • Are more susceptible to

invasive species invasion and are quickly degraded

• Are more expensive as a unit cost to maintain

BEAVERS: FLOODING• Beaver dams may raise water

>1m in 24 hours above HWM

• May cause flooding to adjacent homes and infrastructure

• Often not enough time for the City to respond to flooding

BEAVERS: HIGH WATER & HAZARD TREES

• Beavers fell trees

• Beaver dams raise water table increasing tree root-plate failures

TRAILS/PUBLIC ACCESS• Trails are not permitted within RAR SPEA area, • RAR setbacks do not allow for public access and use of riparian

areas

BCS - WILDLIFE MOVEMENT• Riparian areas are natural dispersal corridors for

wildlife• Meet Biodiversity Conservation Strategy (BCS)

Green Infrastructure Network (GIN) objectives• The wider the wildlife corridor is, the more

functional and resilient it is• Narrow riparian areas reduce gravel recruitment

necessary for salmon spawning and stormwater conveyance measures

SPECIES AT RISK

Federal and Provincial Species at Risk

• Pacific Water Shrew

• Salish Sucker

• Oregon Forest Snail

• Red-legged frog

• More to come…

Many species are dependant on riparian areas

Under SARA - Landowners must demonstrate

‘Effective Protection’

Biodiversity Conservation Strategy (BCS)

~405+ acres (of remaining ~3100 acres) of unsecured BCS GIN could be conveyed with the proposed Streamside Protection Zoning Setbacks

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STREAMSIDE REGULATIONS BACKGROUNDER

1992: Surrey used DFO/MOE “Land Development Guidelines”

2006: Local governments required to adopt RAR procedures (‘meet or beat’) in land-use decisions by March 31, 2006.

2013: Changes to Fisheries Act (Fed) uncouple it from Variance Process under RAR

- No more Surrey Environmental Review Committee (ERC)

- Surrey follows interim procedure of Detailed RAR reports with peer review

2015: Ombudsperson report identifies deficiencies in Provincial RAR Oversight

-Provincial audit of Local Government compliance with RAR

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RIPARIAN AREAS REGULATION• March 31, 2006 - Local Government must ‘meet or beat RAR’

Interim Process

• Detailed Riparian Area Regulations (RAR) Assessment with Peer Review

• Qualified Environmental Professional (QEP)

(Must be regulated by an Act e.g: R.P.Bio, P.Eng, R.P.F., P.Ag, P.Geo, ASTTBC)

• Focus on not causing Harmful Alteration

Damage Destruction (HADD) to Fish Habitat

• Disconnect of Federal Fisheries Act

‘No Serious Harm’ not equivalent to ‘No HADD”

results in no Variances to RAR

COUNCIL DIRECTION

• Establish a clear understanding of the required setbacks and a site’s development potential

Develop Streamside/Riparian

Regulations –Streamside Zoning

Bylaw

• Protect streams, BCS GIN Habitat and Federal Species At Risk

Add Sensitive Ecosystem

Development Permit Areas to fill OCP

Placeholder

Goal – to develop a streamlined, transparent approval process while

managing for the City of Surrey’s Values and Liabilities

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WHAT?SENSITIVE ECOSYSTEM DEVELOPMENT PERMIT AREAS (DPA’S)DPA and Guidelines:- OCP (Local Government Act)

- Identifies overall area requiring protection

- Identifies how development should be managed and adjusted

- Two types

1. Green Infrastructure

2. Streamside

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WHERE? DEVELOPMENT PERMIT AREAS

Green Infrastructure:

Trigger for a DP?- Green Infrastructure Network (GIN)

- Hubs

- Sites

- Corridors

- Defined by Biodiversity Conservation Strategy

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WHERE AND HOW? PROTECTION AREAS

Green Infrastructure:• Defined by using information in the BCS

• Management Objectives in Biodiversity Management Areas and Appendix J Recommendations

• Ecosystem Development Plan (EDP) – specific to Green Infrastructure

• Submitted and Illustrated

in a DP Application as the

“Green Infrastructure

Protection Area”

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WHERE? DEVELOPMENT PERMIT AREAS

Streamside:

Trigger for a DP?

- Defined by Stream Types and Classifications

• Class A (Red) – Fish bearing

• Class A/O (Red dashed) – Fish over-wintering

• Class B (Yellow) – Food / NutrientClassifications

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WHERE AND HOW? PROTECTION AREAS

Streamside:- Determined by using Zoning Bylaw

- Ecosystem Development Plan (EDP) – specific to Streamside Area

- Submitted and Illustrated in a DP Application as the: “Streamside Protection Area”

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STREAMSIDE PROTECTION ZONING BYLAW

A streamside setback area is calculated by a QEP using the minimum distance from the top of bank

Development Application with FLEX option

Stream Types Class A or A/O Class B

All streams except… 30m 20m

Channelized 25m 15m

Ditches 10m 7m

Natural 30m 15m

Large Ravines >60m 15m 15m

For lots that existed prior to [insert date], where zoning allows for single family dwelling and duplex

uses, the streamside setback area is calculated by using the minimum distance from top of bank

Single family dwelling on existing lots – No FLEX

Stream Types Class A or A/O Class B

All streams except… 15m 15m

Ditches 10m 7m12

STREAMSIDE ZONING BYLAW– FLEX OPTION

Provided there is no loss in the total area of the streamside setback area, the

minimum distance from the top of bank may be reduced by no more than *5 metres

or **3 metres and increased by no more than 10 metres.

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STREAMSIDE IMPACT MITIGATION PLANDVP Requests:- For proposed reductions to the Streamside

Protection Area beyond the Zoning Bylaw setbacks and Flex Allowance

- Streamside Impact Mitigation Plan (IMP) REQUIRED with DVP application

- Illustrate and prove with QEP reports that the proposed setback reduction will not have negative impacts:

- RAR compliant

- Increased flooding (beavers)

- Unstable soil conditions

- Inability to access for maintenance

- Riparian habitat destruction etc

- Administered by Council

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DEVELOPMENT SCENARIOS…

SFD ON EXISTING LOT (TABLE B.2 OF ZONING BYLAW)CONSISTENT WITH FORMER LAND DEVELOPMENT GUIDELINES

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DEVELOPMENT SCENARIOS…

BP PRE-EXISTING NON-CONFORMING

RENOVATION OR ADDITION

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DEVELOPMENT SCENARIOS…

SUBDIVISION WITH

GREEN INFRASTRUCTURE PROTECTION AREAS

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DEVELOPMENT SCENARIOS…

SUBDIVISION WITH

STREAMSIDE PROTECTION AREAS

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DEVELOPMENT SCENARIOS…

GREEN INFRASTRUCTURE AND

STREAMSIDE PROTECTION AREAS

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CONSULTATION

• Corporate Reports

• Memo to Council (update)– Sept 2015

• Local Governments Workshop

• Stakeholder Workshop

• City Committees

• Stakeholder Information Session

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WHEN? NEXT STEPS

• Corporate Report to Council July 25, 2016 – received 1st, 2nd reading

– Recommendations:

1) Amend OCP

2) Amend Zoning Bylaw

3) Identify upcoming Amendments to Tree Protection Bylaw

4) Identify upcoming Amendments to Soil Removal and Deposition Bylaw

• Final Adoption of Bylaw Amendments - Sept 12, 2016

• Updating other Bylaws (Tree Preservation Bylaw , Soil Bylaw etc…)

• Implementation - Planning and Development Department

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QUESTIONS?

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